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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 11 of 11

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

Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown Oct 2016

Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard Jun 2016

The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard

Journal of Intellectual Property Law

No abstract provided.


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French Jun 2016

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Journal Articles

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will ...


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French May 2016

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Christopher C. French

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will ...


A New Chapter In Antitrust Law: The Second Circuit's Decision In United States V. Apple Determines Hub-And-Spoke Conspiracy Per Se Illegal, Erin Garrity Apr 2016

A New Chapter In Antitrust Law: The Second Circuit's Decision In United States V. Apple Determines Hub-And-Spoke Conspiracy Per Se Illegal, Erin Garrity

Boston College Law Review

On June 30, 2015, in United States v. Apple, Inc., the U.S. Court of Appeals for the Second Circuit held that Apple’s agreements with five publishing companies violated the Sherman Act. With Apple as a retailer and the publishers as manufacturers, the agreements between the two groups were vertical. This classification is significant because in 2007 in Leegin Creative Leather Products v. PSKS, Inc., the Supreme Court held that all vertical agreements should be analyzed under the rule of reason. Rather than looking at the structure of the agreements, however, the Second Circuit focused on the type of ...


To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso Apr 2016

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


A Sustainable Music Industry For The 21st Century, Aloe Blacc, Irina D. Manta, David S. Olson Feb 2016

A Sustainable Music Industry For The 21st Century, Aloe Blacc, Irina D. Manta, David S. Olson

David S. Olson

This essay argues that the current system of music licensing must be completely overhauled. At this time, songwriters are paid a mere pittance when their work is played through Internet streaming services. The paper traces the evolution of compulsory licensing from the early 20th century, when Congress put this system in place due to concerns over the monopolization of the player piano industry, to today. This essay shows how the separation between copyrights for compositions as opposed to public performances contributed to blanket licensing through royalty-collecting organizations like ASCAP and BMI, which — together with government intervention into pricing based on ...


Court-Side Seats? The Communications Decency Act And The Potential Threat To Stubhub And Peer-To Peer Marketplaces, Matthew Feuerman Jan 2016

Court-Side Seats? The Communications Decency Act And The Potential Threat To Stubhub And Peer-To Peer Marketplaces, Matthew Feuerman

Boston College Law Review

In 1996, Congress passed section 230 of the Communications Decency Act, which provides broad immunity to websites from vicarious liability for the content produced by its users. Despite this broad immunity, a website will be liable for its user’s content when it is deemed to be an “information content provider” itself. In 2008, in Fair Housing Council of San Fernando Valley v. Roommates. Com, LLC, the Ninth Circuit Court of Appeals held that a website is an information content provider and thus loses immunity when it “materially contributes to the alleged unlawfulness” of the content. Although most courts have ...


Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy Jan 2016

Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy

Brooklyn Journal of Corporate, Financial & Commercial Law

Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines ...


Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein Jan 2016

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the ...


The Emoji That Cost $20,000: Triggering Liability For Defamation On Social Media, Nicole Pelletier Jan 2016

The Emoji That Cost $20,000: Triggering Liability For Defamation On Social Media, Nicole Pelletier

Washington University Journal of Law & Policy

This Note addresses the history of social media law in the U.S. legal system within the context of defamation claims and legislative acts to immunize social media websites. Using a British court’s finding of liability based on a tweeted emoji, Pelletier analyzes whether an emoji could trigger liability in the United States and juxtaposes the potential for individual user liability based on an emoji with the immunization granted to social media websites. Pelletier proposes new federal legislation that will place responsibility on social websites to notify users of potential liability arising from social media use.