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Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 The University of Akron School of Law

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze 2014 SelectedWorks

The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze

Adam Epstein

The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause ...


Global Match-Fixing And The United States’ Role In Upholding Sporting Integrity, Kevin Carpenter 2014 Berkeley Law

Global Match-Fixing And The United States’ Role In Upholding Sporting Integrity, Kevin Carpenter

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Collective Bargaining Agreements In The Film Industry: U.S. Guild Agreements For Germany?, Amit Datta 2014 Berkeley Law

Collective Bargaining Agreements In The Film Industry: U.S. Guild Agreements For Germany?, Amit Datta

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, Christopher Marquis 2014 Boston College Law School

An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, Christopher Marquis

Boston College Journal of Law & Social Justice

In 2012 the Department of Education received a complaint claiming that the Massachusetts Interscholastic Athletic Association’s (“MIAA”) policy of allowing boys to try out for girls’ field hockey constituted a violation of Title IX. This federal statute prohibits discrimination in educational institutions on the basis of sex. This Note looks at the common roots of Title IX and the decision of the Massachusetts Supreme Judicial Court that allowed boys’ participation in field hockey. It then examines Title IX as it applies to the MIAA field hockey policy and determines that the Massachusetts Policy does not, in and of itself ...


New Jersey Goes “All In” For Sports Gambling: Examining The Constitutionality Of The Professional And Amateur Sports Protection Act, Tyler W. Mullen 2014 SelectedWorks

New Jersey Goes “All In” For Sports Gambling: Examining The Constitutionality Of The Professional And Amateur Sports Protection Act, Tyler W. Mullen

Tyler W Mullen

Despite being illegal in all but a handful of U.S. jurisdictions, sports gambling has developed into a multi-million dollar industry. Eager to capitalize on the potential revenues, New Jersey recently challenged the constitutionality of the Professional and Amateur Sports Protection Act (“PASPA”), the federal sports gambling law.

PASPA effectively prohibits the vast majority of states from operating or sanctioning sports gambling schemes. However, the particular methods that PASPA uses to achieve this objective raise serious federalism concerns. While the Third Circuit recently rejected New Jersey’s constitutional challenges to PASPA, this Comment argues that the court reached the wrong ...


The Technological And Business Evolution Of Machine Based Gambling In America, Darren Prum, Carlin McCrory 2014 SelectedWorks

The Technological And Business Evolution Of Machine Based Gambling In America, Darren Prum, Carlin Mccrory

Darren A. Prum

Machine Based Gambling has become a major source of revenue to many states across the country that need the money but face obstacles to raising taxes within their jurisdiction. The figures are startling with the Commonwealth of Pennsylvania’s cut at over $1.456 Billion in 2011, which exceed the next closest state by $500 million. In addition, there are more than twice as many slot machines available to the public than ATMs. The benefits of machine based gaming has allowed many governments to revitalized tourism locations, make some Native Americans economically self-sufficient, and save horse and dog race tracks ...


Promises To Keep? Coaches Tubby Smith, Jimmy Williams And Lessons Learned In 2012, Adam Epstein, Henry Lowenstein 2014 SelectedWorks

Promises To Keep? Coaches Tubby Smith, Jimmy Williams And Lessons Learned In 2012, Adam Epstein, Henry Lowenstein

Adam Epstein

The primary purpose of this article is to explore the 2012 legal decision that stemmed from an employment-related fiasco in 2007 when Coach Orlando Henry “Tubby” Smith first formed his staff at UM and asked coach Jimmy Williams from Oklahoma State University to join him as an assistant coach. Smith’s offer, however, proved not to be a legally binding offer, at least according to the Minnesota Supreme Court, because Smith apparently did not have the authority to make the offer in the first place. In fact, Jimmy Williams was declared by the Minnesota Supreme Court majority to have been ...


The Trading Card Effect, Adam Epstein 2014 SelectedWorks

The Trading Card Effect, Adam Epstein

Adam Epstein

The purpose of this article is to demonstrate a teaching method that I have used for the last several years and have found to be effective particularly during the challenging final weeks of the semester. I reward students with trading cards for answering questions currently during an unannounced quiz to provide positive reinforcement in an engaging way. Students ultimately form teams and receive a relevant and classic football, baseball, basketball, hockey, or other trading card that they can keep as a souvenir to the class and the course. The intent is to give something to the students directly relevant to ...


Net Bias And The Treatment Of “Mission-Critical” Bits, Rob Frieden 2014 SelectedWorks

Net Bias And The Treatment Of “Mission-Critical” Bits, Rob Frieden

Rob Frieden

The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content. Many consumers have become “technology agnostic” about what kind of wireline or wireless medium provides service. However, they expect carriers to offer access anytime, anywhere, via any device and in any distribution format. These early adopters of new technologies and alternatives to “legacy” media have no patience with the concept of “appointment television” that limits access to a specific time, on a particular channel and in a single presentation format.

This paper assesses whether and how Internet Service Providers (“ISPs”) can ...


Grounding Into A Double Standard: Understanding And Repealing The Curt Flood Act, Brett J. Butz 2014 University of Massachusetts School of Law

Grounding Into A Double Standard: Understanding And Repealing The Curt Flood Act, Brett J. Butz

University of Massachusetts Law Review

This note calls for an end to Major League Baseball's statutory exemption from antitrust law for acts that are considered part of the "business of baseball." The Curt Flood Act was a Congressional mistake, the product of years of faulty analysis and absurd holdings by the Supreme Court. This note will explain how the exemption came to fruition, outline the various problems with its inception, and conclude by proposing that Major League Baseball should be subject to antitrust law, just like all other professional sports leagues.


Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett 2014 BLR

Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett

University of Southern California Law and Economics Working Paper Series

Hollywood film studios, talent and other deal participants regularly commit to, and undertake production of, high-stakes film projects on the basis of unsigned “deal memos”, informal communications or draft agreements whose legal enforceability is uncertain. These “soft contracts” constitute a hybrid instrument that addresses a challenging transactional environment where neither formal contract nor reputation effects adequately protect parties against the holdup risk and project risk inherent to a film project. Parties negotiate the degree of contractual formality, which correlates with legal enforceability, as a proxy for allocating these risks at a transaction-cost savings relative to a fully formalized and specified ...


“Meet Me Halfway”: Arm Wrestling And The Law, Thomas M. Byron 2014 Pace University

“Meet Me Halfway”: Arm Wrestling And The Law, Thomas M. Byron

Pace I.P., Sports & Entertainment Law Forum

Most law review articles are very serious, and with good reason. They discuss important, world-changing matters like the role and magnitude of executive power, the limits of Constitutional rights, the boundaries of international law, and the vagaries of civil procedure. This Article has no such world-changing or reverent pretentions; it instead takes a light-hearted view of a fairly marginal legal topic: arm wrestling. To provide a spine for the discussion, the Article leans heavily on the 1980s movie Over the Top – a movie about arm wrestling, trucking, and child custody - to provide examples of arm wrestling content with legal implications ...


Shutting Down The Pharmacy On Wheels: Will Lance Armstrong’S Admission Impact The Practice Of Doping In Professional Cycling?, Kristina Fretwell 2014 Pace University

Shutting Down The Pharmacy On Wheels: Will Lance Armstrong’S Admission Impact The Practice Of Doping In Professional Cycling?, Kristina Fretwell

Pace I.P., Sports & Entertainment Law Forum

Lance Armstrong was one of the sport’s greatest heroes and his doping admission shook the American public to its core. Although professional cyclists are sanctioned for violating anti-doping rules on an almost regular basis, the investigation and lifetime ban of Lance Armstrong highlighted the serious problems facing the sport. Increased efforts to police drug use in cycling appear to be ineffective; however, as Armstrong’s situation may reveal, private law-suits have the potential to serve as a new and additional deterrent to cheating in the future.

The aftermath of Armstrong’s admission has led to bickering of the major ...


I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler 2014 Pace University

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace I.P., Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it ...


New York’S Taxable Lap Dancing …At A Strip Club Near You!, Harvey Gilmore 2014 Pace University

New York’S Taxable Lap Dancing …At A Strip Club Near You!, Harvey Gilmore

Pace I.P., Sports & Entertainment Law Forum

In today’s difficult economic times, state governments are more hard pressed than ever to come up with new sources of revenue to at least stay revenue neutral. Leave it to the perpetually money-hungry State of New York to come up with this gem of an idea for generating tax revenues: In 2005, the New York State Department of Taxation and Finance attempted to impose sales tax on a nightclub’s offering of exotic dancing to its customers. This resulted in one nightclub instigating a legal challenge to the state’s attempt to impose sales taxes on exotic dancing. This ...


Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 1, Winter 2014, 2014 Pace University

Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 1, Winter 2014

Pace I.P., Sports & Entertainment Law Forum

Thank you for downloading the first digital edition of the Pace Intellectual Property, Sports & Entertainment Law Forum. As you scroll through the pages of this issue, you may notice the Forum has a new look. Recognizing the significant advancements in technology that have revolutionized the legal field in the past few years, the Volume 4 Editorial Board sought to update and adapt the Forum to be accessible digitally, formatting the issue for tablets and e-readers. As you read, take advantage of clickable Tables of Contents and links to online sources throughout the issue.


I Hear America Suing: Music Copyright Infringement In The Era Of Electronic Sound, Charles Cronin 2014 BLR

I Hear America Suing: Music Copyright Infringement In The Era Of Electronic Sound, Charles Cronin

University of Southern California Legal Studies Working Paper Series

In April of 2012 Guy Hobbs, a photographer from Cape Town, sued Elton John in the United States claiming copyright infringement of Hobbs’s song “Natasha”. Shortly after Hobbs had attempted -- without success -- in the early 1980s to have “Natasha” published, Elton John, and his lyricist Bernie Taupin, published a recording of their song “Nikita”. “Nikita”, like “Natasha”, shared the conceit of a romantic relationship thwarted by politically established physical barriers like the Berlin Wall.

The dispute was reported in the popular press as one between Hobbs and Elton John, yet the infringement claim was based entirely on alleged similarities ...


The Beijing Treaty On Free Expression: How Stopping Digital Piracy May Cost The World Free Expression, Michael A. Shinall 2014 Boston College Law School

The Beijing Treaty On Free Expression: How Stopping Digital Piracy May Cost The World Free Expression, Michael A. Shinall

Boston College International and Comparative Law Review

The Beijing Treaty on Audiovisual Performances grants, for the first time, international rights to performers to protect their work in an audiovisual medium. This is a step forward in protecting audiovisual media from international piracy or infringement, but comes at a cost. While performers’ economic rights are kept in check by fair use defenses (favored uses designed to promote the creation of new works) performers’ moral rights from the Beijing Treaty contain no counterbalancing defense. This Comment argues that without this counterbalancing defense, performers may assert these moral rights against other artists unchecked, consequently chilling the free expression that copyright ...


Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, Kathryn Manza 2014 Boston College Law School

Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, Kathryn Manza

Boston College International and Comparative Law Review

Although American courts provide wide discretion for freedom of the press, the Convention for the Protection of Human Rights and Fundamental Freedoms ensures that the right to privacy enjoys equal footing with freedom of expression in Europe. When navigating the grey areas between these two frequently opposing rights, the European Court of Human Rights allows private information about a public figure to be published only to the extent the information contributes to the public interest. In Axel Springer AG v. Germany, the court missed a valuable opportunity to provide a clear standard for what the public interest encompasses. Although the ...


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