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Full-Text Articles in Entertainment, Arts, and Sports Law
You Are Not A Commodity: A More Efficient Approach To Commercial Privacy Rights, Benjamin T. Pardue
You Are Not A Commodity: A More Efficient Approach To Commercial Privacy Rights, Benjamin T. Pardue
Washington Law Review
United States common law provides four torts for privacy invasion: (1) disclosure of private facts, (2) intrusion upon seclusion, (3) placement of a person in a false light, and (4) appropriation of name or likeness. Appropriation of name or likeness occurs when a defendant commandeers the plaintiff’s recognizability, typically for a commercial benefit. Most states allow plaintiffs who establish liability to recover defendants’ profits as damages from the misappropriation under an “unjust enrichment” theory. By contrast, this Comment argues that such an award provides a windfall to plaintiffs and contributes to suboptimal social outcomes. These include overcompensating plaintiffs and incentivizing …
Federal Architecture And First Amendment Limits, Jessica Rizzo
Federal Architecture And First Amendment Limits, Jessica Rizzo
Washington Journal of Law, Technology & Arts
In December of 2020, President Trump issued an executive order on “Promoting Beautiful Federal Civic Architecture,” a draft of which was leaked to the press in February under the title, “Making Federal Buildings Beautiful Again.” The order provided for updating the Guiding Principles of the General Services Administration’s Design Excellence Program to promote the use of “classical and traditional architectural styles,” which “have proven their ability to inspire…respect for our system of self-government.” According to the order, there would have been a presumption against the use of such modern architectural styles as Brutalism and Deconstructivism in the construction of new …
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Washington Journal of Law, Technology & Arts
Technological advancements have created an emergent challenge for organizations attempting to monetize real-time information. Real-time data as a commodity is especially relevant in the sports industry. Sports leagues increasingly seek to control the dissemination of real-time data in conjunction with lucrative distribution agreements. We analyze the legal status of real-time sports data under both intellectual property law and the First Amendment, with our case-by-case analysis extending to spectators, gamblers, journalists, and non-gambling entrepreneurs. Although we conclude that the First Amendment protections are broad across all four categories, particularly when the underlying sporting event takes place on public land, we find …