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Entertainment, Arts, and Sports Law Commons

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Full-Text Articles in Entertainment, Arts, and Sports Law

Taking Away An Artist’S “Get Out Of Jail Free” Card: Making Changes And Applying Basic Contract Principles To California’S Talent Agencies Act, Gregory Albert May 2010

Taking Away An Artist’S “Get Out Of Jail Free” Card: Making Changes And Applying Basic Contract Principles To California’S Talent Agencies Act, Gregory Albert

The University of New Hampshire Law Review

[Excerpt] “From its predecessors dating back to 1913 to the current version, the California Talent Agencies Act of 1978 (“TAA” or “the Act”) has aimed to protect artists from talent agents who would take advantage of them. The Act originally prohibited agents from “sending artists to ‘house[s] of ill fame’ or saloons, or allowing ‘persons of bad character’ to frequent their establishments.” By requiring talent agents to have a license, “the Act establishes detailed requirements for how the licensed talent agencies conduct their business, including a code of conduct, submission of contracts and fee schedules to the state, maintenance ...


The Nba And The Single Entity Defense: A Better Case?, Michael A. Mccann Apr 2010

The Nba And The Single Entity Defense: A Better Case?, Michael A. Mccann

Law Faculty Scholarship

This Article will explore the relationship between the National Basketball Association, its independently-owned teams, and associated corporate entities, including the Women’s NBA, NBA Properties, NBA Developmental League, NBA China, and single entity analysis under section 1 of the Sherman Act. Section 1 chiefly aims to prevent competitors from combining their economic power in ways that unduly impair competition or harm consumers, be it in terms of raised prices, diminished quality, or limited choices. Single entities are exempt from section 1 because they are considered “one,” rather than competitors, and thus their collaboration does not implicate anticompetitive concerns.

In American ...


American Needle V. Nfl: An Opportunity To Reshape Sports Law, Michael Mccann Jan 2010

American Needle V. Nfl: An Opportunity To Reshape Sports Law, Michael Mccann

Law Faculty Scholarship

This Feature will explore American Needle, Inc. v. NFL and its potential impact on professional sports in the United States. In August 2008, the United States Court of Appeals for the Seventh Circuit held that the National Football League (NFL) and its teams operate as a “single entity” for purposes of apparel sales. Because a single entity cannot conspire with itself, it cannot violate Section 1 of the Sherman Act, which prohibits concerted action that unreasonably restrains trade. The U.S. Supreme Court recently granted a writ of certiorari and will review American Needle in its 2009-2010 Term. As this ...


Bloodsucking Copyrights, Ann Bartow Jan 2010

Bloodsucking Copyrights, Ann Bartow

Law Faculty Scholarship

Some bloodsuckers live off the life-sustaining fluids of involuntary hosts and leave behind diseases or venom. Fleas, ticks, bedbugs, and mosquitoes are all bloodsuckers that are best avoided. Others, like the leech, suck blood in ways that can be very helpful to a host, promoting blood flow and healing. Vampires are fictional, sentient bloodsuckers that have populated various entertainment genres for centuries. Copyrights, too, can suck blood metaphorically in productive and destructive ways, or simply suck, period, when they senselessly impede free-flowing veins of information. And though they are not (yet) immortal, copyrights last a very long time. In Copyright ...


Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann Jan 2010

Justice Sonia Sotomayor And The Relationship Between Leagues And Players: Insights And Implications, Michael Mccann

Law Faculty Scholarship

This Essay examines U.S. Supreme Court Justice Sonia Sotomayor’s important role in shaping U.S. sports law. As a judge on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second Circuit, Sotomayor authored opinions that resolved two major sports law disputes: whether Major League Baseball (“MLB”) owners could unilaterally impose new labor conditions on MLB players during the 1994 baseball strike and whether Ohio State University sophomore Maurice Clarett was obligated to wait three years from the completion of high school to become ...