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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 9 of 9

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

Putting Public Law Into "Private" Sport, Dionne L. Koller May 2016

Putting Public Law Into "Private" Sport, Dionne L. Koller

Pepperdine Law Review

Across all levels of sport — professional, Olympic, intercollegiate, interscholastic, and youth recreational — the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective …


Droit De Suite: Only Congress Can Grant Royalty Protection For Artists, Lynn K. Warren Feb 2013

Droit De Suite: Only Congress Can Grant Royalty Protection For Artists, Lynn K. Warren

Pepperdine Law Review

Congress has enacted the 1976 Copyright Act which does not grant resale royalties to fine artists. It does, however, add a strong preemption provision that was not a part of the 1909 Act. This provision emphatically preempts any state law granting a right equivalent to a right granted by the federal statute to any work which is the subject matter of copyright. In its desire to increase protection for fine artists, the State of California has enacted the first droit de suite legislation in the United States, patterned after European copyright law, which extends resale royalties to fine artists. This …


First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti Jan 2013

First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti

Pepperdine Law Review

No abstract provided.


Sufficiently Supervised Commissioned Workers: Mythical Beasts Sculpted From Old Law, Alexander Lambrous Jan 2013

Sufficiently Supervised Commissioned Workers: Mythical Beasts Sculpted From Old Law, Alexander Lambrous

Pepperdine Law Review

No abstract provided.


A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman Jan 2013

A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman

Pepperdine Law Review

No abstract provided.


A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West Sep 2012

A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West

The Journal of Business, Entrepreneurship & the Law

Introduced in Congress in August 2010, the Innovative Design Protection and Piracy Prevention Act (IDPPPA) would amend 17 U.S.C. § 1301 to extend copyright protection to unique, distinguishable, non-trivial, and non-utilitarian fashion designs. The fashion industry in the United States is currently a $200 billion industry which is afforded limited intellectual property protection compared to foreign markets. This article explores the applicability of the existing Copyright Act to fashion designs and argues that the IDPPPA takes a narrow approach to eliminate ambiguity present in former bills attempting to amend copyright law. The IDPPPA would incentivize innovation, the ultimate goal of …


Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black Sep 2012

Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black

The Journal of Business, Entrepreneurship & the Law

In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as well as examine previous attempts by other states to regulate the distribution of violent video games to minors. Most importantly, this note will explore the …


No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman Sep 2012

No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka Feb 2012

Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka

Pepperdine Dispute Resolution Law Journal

The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective bargaining …