Entertainment, Arts, and Sports Law Commons^™

Adr And Sport: Settling Disputes Through The Court Of Arbitration For Sport, The Fifa Dispute Resolution Chamber, And The Wipo Arbitration & Mediation Center, Ian Blackshaw

Marquette Sports Law Review

No abstract provided.

The Duty Of Care College Football Coaches Owe To Student Staff Members: Analyzing The Tragic Death Of A Student Videographer At Notre Dame, Aaron Hernandez

Marquette Sports Law Review

No abstract provided.

Loyalty V. Laissez Faire: The Coaching Contract Conundrum And Antitrust Implications Of A No-Tampering Policy In College Sports, Heidi Roche

Marquette Sports Law Review

No abstract provided.

Leveling The Playing Field—Balancing Student-Athletes' Short- And Long-Term Financial Interests With Educational Institutions' Interests In Avoiding Ncaa Sanctions, J. G. Joakim Soederbaum

Marquette Sports Law Review

No abstract provided.

In Sickness And In Health: How California's Student-Athlete Bill Of Rights Protects Against The Uncertain Future Of Injured Players, Michelle A. Winters

Marquette Sports Law Review

No abstract provided.

You Get Hired To Get Fired, Martin J. Greenberg, Steven D. Gruber

Marquette Sports Law Review

No abstract provided.

Baring Inequality: Revisiting The Legalization Debate Through The Lens Of Strippers' Rights, Sheerine Alemzadeh

Michigan Journal of Gender & Law

The debate over legalization of prostitution has fractured the feminist legal community for over a quarter century. Pro-legalization advocates promote the benefits attending government regulation of prostitution, including the ability to better prosecute sex crimes, increase public health and educational resources for individuals in the commercial sex trade, and apply labor and safety regulations to the commercial sex industry in the same manner as they are applied to other businesses. Some anti-legalization advocates identify themselves as "new abolitionists," and argue that government recognition of prostitution reinforces gender inequality. Often, this debate is framed in the hypothetical: What would happen if …

Caution — Contains Extremely Offensive Material: David Wojnarowicz V. American Family Association, The Visual Artists Rights Act, And A Proposal To Expand Fair Use To Include Artists' Moral Rights, Sarah Leggin

Sarah Leggin

Although many artists build their careers by offending or challenging mainstream culture and live happily as outsiders, these and all artists still strive to protect their reputations and the integrity of their works. The importance of protecting the moral rights of artists has long been recognized by European law, but the United States has not embraced the value of artists’ rights in the same way. Today, U.S. copyright law recognizes moral rights for visual works that fall within narrow categories due to the enactment of the Visual Artists Rights Act of 1990 (VARA). Even after VARA was enacted and preempted …

Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin

Maxim Tsotsorin

Over the past couple decades piracy has become a relatively low-cost business – available technology has made making a copy of a videogame as easy as ripping off a music CD on your personal laptop – with a click of a button. Digital color copiers make CD inserts that look better than originals, and printing technology allows printing on CDs without messy stickers. In the Internet universe, multitude of bit-torrents and peer-to-peer sharing platforms provide videogame pirates with an unlimited distribution market and low cost operations. The industry’s countermeasures, however, also has not stayed still. The game developers employ a …

El Registro De Marca De Mala Fe: Entre La Coincidencia Y El Propósito Desleal, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

No abstract provided.

Tattoos & Ip Norms, Aaron K. Perzanowski

Aaron K. Perzanowski

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo …

It's Only A Day Away: Rethinking Copyright Termination In A New Era, Shane D. Valenzi

Shane D Valenzi

January 1, 2013 will mark the beginning of an important shift in US Copyright Law. On that day, for the first time, authors who signed over their creative rights to a producer, publisher, or other “litigation-savvy” grantee under the current Copyright Act will begin to enter a window of time within which they may terminate those prior grants of rights and reclaim their original copyrights. Of course, such actions are unlikely to go unchallenged, as many of these works generate billions of dollars of revenue for their current owners. This Article will examine the “new-works termination” provision of the Copyright …

Rereading A Canonical Copyright Case: The Nonexistent Right To Hoard In Fox Film Corp. V. Doyal, Shane D. Valenzi

Shane D Valenzi

Do copyright owners have the right to hoard their creative works? The right to exclude on an individual basis is the keystone of copyright law, yet using copyright protection to prevent all public access to a work runs counter to the very premises upon which copyright law is based. This right to exclude the world from use of a creative work—referred to as the right to “hoard” by Justice O’Connor in Stewart v. Abend, is commonly traced to a Lochner-era tax case: Fox Film Corp. v. Doyal. This Article examines the right to hoard and its origins in Fox Film, …

Getting Your Bell Rung: Analyzing The Concussion Lawsuits Against The National Football League From Former Players, Joshua P. Monroe

Joshua P Monroe

There has been a great and divisive conflict between the National Football League and its former players about head injuries. Former players are claiming negligence by the league in the addressing the issues of head injuries. This paper investigates the argument by both sides in past, present, and possible future litigation, and further explores head injuries. This article explains that the current litigation, while useful, will not succeed because of its obscurity and the presumptions that it makes regarding concussions. This article proposes a new lawsuit that would combine aspects of the Major Tobacco Settlement Agreement of 1998 and the …

People V. Diaz, Senate Bill 914 And The Fourth Amendment, Caitlin Keane

UC Law SF Communications and Entertainment Journal

After the Diaz decision in January, Senator Mark Leno, a Democrat representing San Francisco, took matters into his own hands and drafted Senate Bill 914. In short, the bill would have overturned the Court's decision and required law enforcement to obtain a search warrant from a neutral magistrate before searching arrestees' portable electronic devices. The bill passed with overwhelming support from both political parties in the State Assembly and State Senate and needed only Governor Brown's signature or tacit approval to become law. Governor Brown vetoed the bill in October 2011, stating, "[t]he courts are better suited to resolve the …

An Actual Problem In First Amendment Jurisprudence: Examining The Immediate Impact Of Brown's Proof-Of-Causation Doctrine On Free Speech And Its Compatibility With The Marketplace Theory, Clay Calvert, Matthew D. Bunker

UC Law SF Communications and Entertainment Journal

This article analyzes the immediate impact on First Amendment jurisprudence of the U.S. Supreme Court's "direct causal link" requirement adopted in 2011 in Brown v. Entertainment Merchants Association. In embracing an empirically focused proof-of-causation doctrine, Brown marked the first time in the Court's history it had used the phrase "direct causal link" in any free speech case. But just one year later, in a very different factual context in United States v. Alvarez, the Court struck down a federal law making it a crime to lie about earning military medals. In December 2012, a federal judge used Brown's "direct causal …

Internet Freedom And Computer Abuse, Lothar Determann

UC Law SF Communications and Entertainment Journal

The Computer Fraud and Abuse Act ("CFAA") has a bad reputation. It is associated with constitutional law challenges and community outrage. It played a role in the tragic suicide of Aaron Swartz, computer programmer, Internet activist and CFAA defendant. It has been decried as a basis for abuse of justice, which is ironic, given its title and focus on punishing abuse. It has been called "the worst law in technology" and "the most outrageous criminal law you've never heard of." It is loathed and feared as a threat to Internet freedom.

A particular concern is that the law could criminalize …

Accommodating Labor And Antitrust, Stephen F. Ross

Journal Articles

In this article, the author comments on Professor Michael LeRoy's article "Federal Jurisdiction in Sports Labor Disputes" (2012 Utah L. Rev. 815) and explains why he disagrees with the claim that federal courts improperly invoke the Sherman Act in sports labor disputes.

Using Contract Law To Tackle The Coaching Carousel, Stephen F. Ross, Lindsay A. Berkstresser

Journal Articles

This Article suggests that student-athletes can protect themselves (and, indirectly, fans and students at the university at which they are about to enroll) by securing a binding promise from the coach that he will not voluntarily leave the university throughout the student-athlete's career. This promise could be in a legally binding contract directly between the coach and student-athlete, or by adding to the coach's employment contract with the university a proviso expressly designating student-athletes as third party beneficiaries. Part I briefly describes the problems resulting from the coaching carousel and describes the potential for contracts that limit a coach's mobility …

As Seen On Tv: Your Compromising Cameo On National Reality Programming, 12 J. Marshall Rev. Intell. Prop. L. 403 (2013), Ryan Westerman

UIC Review of Intellectual Property Law

The pop-culture phenomenon of reality television has taken over national programming. With the click of a remote, viewers can gain an inside look into the daily lives of celebrity families, toddler pageant queens, wealthy housewives, even pregnant teenagers. Reality television also profiles different professions: repo-men, pawn shop owners, and real estate agents all have television time slots. While it seems everyone is desperate for their fifteen minutes of fame, there are still those who wish to avoid the public spotlight. However, a recent Illinois ruling may make avoiding prime-time attention impossible for certain individuals caught on tape in compromising, and …