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Copyright And Sport Broadcasting In Australia And England, Chris Davies 2015 Bond University

Copyright And Sport Broadcasting In Australia And England, Chris Davies

Sports Law eJournal

Television rights are an essential component of the revenue generated by professional sporting leagues, and protecting the copyright in the broadcasting of matches is therefore of significant importance to these leagues. A Federal Court decision has held that there had been in breach of copyright when Optus allowed its mobile phone users to access matches on a two minute delay. However, European and English Courts have held that the plaintiff’s copyright only existed in the anthem, graphics and recorded highlights, not in the actual matches.


Constitutional Dimensions Of Sport In Greece, Konstantinos Margaritis 2015 Bond University

Constitutional Dimensions Of Sport In Greece, Konstantinos Margaritis

Sports Law eJournal

Sports play an important role within development of personality and society in general. Affirming this importance, the Constitution of Greece acknowledges the right to sports as a fundamental right. Furthermore, in certain cases, this may lead to restriction of other fundamental rights guaranteed in the Constitution, in favour of sports. Issues arise regarding those restrictions and the necessity of recognition of sports in the highest level within the legal system of a country, the Constitution.


The Deeply Flawed Inaugural College Football Playoff: A Call For Structural Changes To Protect Against Undue Commercialization, To Ensure Transparency, And To Systematize Democratic Due Process, Matthew M. Heekin, Bruce W. Burton 2015 Charlotte School of Law

The Deeply Flawed Inaugural College Football Playoff: A Call For Structural Changes To Protect Against Undue Commercialization, To Ensure Transparency, And To Systematize Democratic Due Process, Matthew M. Heekin, Bruce W. Burton

Matthew M. Heekin

This article contends that the new College Football Playoff system (CFP)—as formulated and administered in 2014—contains a series of serious flaws. The new CFP system needlessly incorporates an anti-democratic structure, lacks in the transparency required for sustainability in a democratic society, and endangers the longstanding tradition of the student-athlete in American college athletics. This article offers several detailed suggestions—in part modeled on the Administrative Procedures Act—to correct these flaws and move towards an improved CFP system.

Employing the benchmarks of television viewership and advertising revenues, some have declared the inaugural 2014 College Football Playoff a success ...


Will Ticket Scalpers Meet The Same Fate As Spinal Tap Drummers? The Sale And Resale Of Concert And Sports Tickets, Gregory M. Stein 2015 Pepperdine University

Will Ticket Scalpers Meet The Same Fate As Spinal Tap Drummers? The Sale And Resale Of Concert And Sports Tickets, Gregory M. Stein

Pepperdine Law Review

Some people purchase concert or sports tickets for their own entertainment and then are unable to use their tickets. They may have a scheduling conflict, or their favorite team may be underperforming. Other people buy tickets with the intention of giving them as gifts. Still others purchase with the goal of reselling the tickets at a profit. This Article examines the transferability of tickets to performances and sporting events. What, exactly, is a “ticket”? What property and contract rights does the initial ticket holder acquire? Does the holder have the legal power to transfer these rights? To what extent can ...


Cuando Censurar No Es La Solución: La Regulación Jurídica De Los “Programas Basura” En El Mercado Peruano Del Entretenimiento, Javier André Murillo Chávez 2015 Pontificia Universidad Católica del Perú

Cuando Censurar No Es La Solución: La Regulación Jurídica De Los “Programas Basura” En El Mercado Peruano Del Entretenimiento, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.


Fda Regulation Of Adult Stem Cell Therapies As Used In Sports Medicine, Mary Ann Chirba, Berkly Sweetapple, Charles P. Hannon, John A. Anderson 2015 Boston College Law School

Fda Regulation Of Adult Stem Cell Therapies As Used In Sports Medicine, Mary Ann Chirba, Berkly Sweetapple, Charles P. Hannon, John A. Anderson

Mary Ann Chirba

In sports medicine, adult stem cells are the subject of great interest. Several uses of stem cells are under investigation including cartilage repair, meniscal regeneration, anterior cruciate ligament reconstruction, and tendinopathy. Extensive clinical and basic science research is warranted as stem cell therapies become increasingly common in clinical practice. In the United States, the Food and Drug Administration (FDA) is responsible for regulating the use of stem cells through its “Human Cells, Tissues, and Cellular and Tissue-Based Products” regulations. This report provides a brief overview of FDA regulation of adult stem cells. Several common clinical case scenarios are then presented ...


A Call To The Bullpen: Alternatives To The Morality Clause As Endorsement Companies’ Main Protection Against Athletic Scandal, Andrew Zarriello 2015 Boston College Law School

A Call To The Bullpen: Alternatives To The Morality Clause As Endorsement Companies’ Main Protection Against Athletic Scandal, Andrew Zarriello

Boston College Law Review

High-profile scandals in the sports world, exemplified by Lance Armstrong and Tiger Woods, expose endorsement companies to financial and reputational risks. Endorsement contracts today rely on morality clauses to mitigate this risk of exposure, which unduly restricts a company’s response to an athlete’s misconduct. Clawback clauses, on the other hand, provide companies with a mechanism to fully protect their investment in the employee or sponsored athlete. This Note discusses the practicality of introducing clawback clauses into athletic endorsement contracts. Although many factors inhibit endorsement companies from implementing clawback clauses into endorsement contracts, more beneficial alternatives exist that companies ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Criminal Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, Michal Kralik 2015 Supreme Court of the Czech Republic Europe

Criminal Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, Michal Kralik

Sports Law eJournal

This discussion of the liability of sports participants for sports-related injuries in the Czech Republic deals with the issue of criminal liability. The author has published a matching article on civil liability.


Maintaining The Integrity Of The Afl's Draft And Salary Cap Systems, Chris Davies 2015 James Cook University

Maintaining The Integrity Of The Afl's Draft And Salary Cap Systems, Chris Davies

Sports Law eJournal

To retain the integrity of its draft and salary cap systems it is essential that the AFL provided suitable penalties for recent breaches of both systems. While COLA has been viewed by its critics as providing the two Sydney clubs additional money under the their salary caps, a suggested compromise is to keep the allowance for players on the lower end of the AFL salary scale, but phase it out for those on the higher salaries.


Civil Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, Michal Kralik 2015 Supreme Court of the Czech Republic Europe

Civil Liability Of Sports Participants For Sports-Related Injuries In The Czech Republic, Michal Kralik

Sports Law eJournal

This article concerns legal liability of sports participants for sports-related injuries and the approaches adopted by different jurisdictions. In particular, it discusses the Czech Republic’s approach to incidents where a person participating in sports causes injury to another participant. This issue has only recently become the subject of serious study and analysis in the Czech Republic.


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

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

Akron Law Publications

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 ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 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 ...


Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente 2015 Barry University

Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente

Tara M. Parente

This paper explores how attorneys deal with ethical conflicts throughout their careers. The paper also incorporates the use of the films The Devil's Advocate and Counsellor at Law and how the attorneys in these films deal with the pressures of being an attorney. Popular culture portrays attorneys in a specific light and exemplifies the struggles they endure while advancing their careers.


Ohio And Sports Law, Adam Epstein 2015 Central Michigan University

Ohio And Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to offer a broad perspective on how individuals, universities and professional teams associated with the state of Ohio have had a varied impact on sports law in general. Many of the cases and decisions discussed in this paper include familiar incidents and issues involving basketball coach Jim O’Brien, pitcher Andy Oliver, running back Maurice Clarett, sprinter Harry “Butch” Reynolds, high school football player Bobby Martin, Major League Baseball (MLB) manager Pete Rose and others. This article could also be viewed as a starting point for further research involving this Midwestern state also known ...


Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein 2015 Central Michigan University

Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein

Adam Epstein

In 2013-14, several lawsuits were brought by National Football League (NFL) cheerleaders who claimed that their respective football clubs violated federal or state law with regard to violations of the Fair Labor Standards Act (FLSA), the 1938 federal act that mandates the minimum wage, overtime provisions, and so on. Interestingly, and at the same time, national discourse manifest itself over possibly increasing the federal, state and local minimum wage with various states and cities voting in favor of increasing their minimum wage. The purpose of this article is to explore the recent claims by certain NFL cheerleaders and to analyze ...


Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman 2014 Pepperdine University

Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman

Pepperdine Law Review

This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of ...


"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein 2014 North Carolina A & T State University

"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the Chicago district (Region 13) of the National Labor Relations Board (NLRB) ruled that Northwestern University football players qualify as employees and can unionize and bargain collectively, a decision which contravenes the National Collegiate Athletic Association’s (NCAA) core principle of amateurism. Shortly after, Northwestern University filed an appeal with the NLRB in Washington, D.C. to quash the prior Region 13 decision. This case has added fuel to the longstanding debate over whether student-athletes should be paid. Amidst arguments both for and against supporting the pay-for-play model from a purely compensatory stance, there has been ...


Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum 2014 Pepperdine University

Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum

Pepperdine Dispute Resolution Law Journal

This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including ...


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware III 2014 University of Georgia School of Law

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


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