Entertainment, Arts, and Sports Law Commons^™

Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech, Tiange (Tim) Chen

Hastings Communications and Entertainment Law Journal

No abstract provided.

From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe

Hastings Communications and Entertainment Law Journal

The COVID-19 pandemic forced many not considered essential employees into their homes. Many employers worried about employee accountability, leveraged surveillance techniques to maximize employee performance and ensure productivity. These technologies include screen monitoring software, video recordings of employees within their homes, monitoring of social media, and typing efficiency. While employees continue to work outside of the office, private employers will increasingly monitor employees in spaces traditionally considered private—including the home. As private and public life spheres continue to overlap, privacy for workers may erode. What kinds of surveillance have employees experienced in their homes since the Covid-19 lockdown orders? Moreover, …

Cut! . . . Out Of Credit Arbitration The Case For Giving Hollywood Directors A Formalized Dispute Resolution Procedure For Conflicts Of Attribution, Madeline Giles

Hastings Communications and Entertainment Law Journal

No abstract provided.

Home Field Advantage: Is “The Supreme Court Of Sport” Independent?, Jakob S. Weitz

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi

Faculty Scholarship

In the first quarter of 2021, the sales of art in the form of Non-Fungible Tokens (“NFTs”) reached over $200 billion dollars. The arrival of NFTs in the mainstream art market has profoundly shaped the way artists exploit their works. This sensational boom has attracted some of the world's biggest names across pop culture and sports, including celebrities such as Snoop Dogg, Paris Hilton, Post Malone, Tom Brady and Rob Gronkowski, to create their own NFT art. Director Quentin Tarantino has also capitalized on this craze through the creation of an NFT collection based on the film Pulp Fiction. However, …

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Title Ix Sex Discrimination & Negligence Lawsuit Against Fargo Public School District & The Board Of Education Partially Dismissed, Emily J. Houghton

Human Performance Department Publications

Brian and Jennifer Berg filed a lawsuit as individuals and on behalf of their daughter Regan against the Fargo Public School District (FPSD) and the Board of Education in the City of Fargo in 2021. They argued that Regan faced sex discrimination, deliberate indifference under Title IX, the FPSD Handbook and negligence from FPSD following an alleged sexual assault by a male student off-campus.

It's Not Child's Play: A Regulatory Approach To Reforming American Youth Sports, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

Introduction The American youth sports industry has become an economic behemoth, totaling roughly $19 billion in annual revenue. This revenue outpaces National Football League (NFL) revenue by several billion dollars and is more than double the revenue earned by the National Basketball Association and the National Hockey League, combined. The Covid-19 pandemic limited sport on all levels in 2020 and, to a lesser extent, in 2021, and the economic effects thereof will certainly stretch forward into succeeding years. However, as the nation overcomes the virus and children return in full numbers to gyms, fields, tracks, and rinks, youth sports will …

Copyright's Deficit: Technology, Modern Consumer Preferences, And The Music Marketplace, Taylor A. Collins

Pace Intellectual Property, Sports & Entertainment Law Forum

While it is clear, and arguably has been for the last five years, that paid subscription streaming is the future of the music industry, the law has failed to keep pace with “modern consumer preferences and technological developments in the music marketplace.” The Music Modernization Act of 2018 (MMA), which amends the U.S. copyright law, 17 U.S.C., is Congress’s effort to keep pace with the music industry by fixing our cumbersome and inefficient music licensing system. The MMA is a step in the right direction, but it falls short of Congress’s goal. Focusing on Title I of the MMA—the Music …

Is The Biggest Offer The Best Offer?, Alyssa Croft

Pace Intellectual Property, Sports & Entertainment Law Forum

Many people strive to be professional athletes because of the respect and accomplishment it receives. You make a lot of money, it can be glamorous, you are in commercials and magazines, and sometimes even movies. However, there are some things people do not think about when it comes to professional athletes. One of the biggest is taxation! There are so many different things athletes must think about and do because of taxes so they can take home the most amount of money possible. Athletes must be careful about who they hire to help them with their taxes because they want …

The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones

Northwestern University Law Review

Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …

Cheating In E-Sports: A Proposal To Regulate The Growing Problem Of E-Doping, Jamie Hwang

Northwestern University Law Review

E-sports, also known as professional video gaming, is growing rapidly around the world. In the United States, e-sports events sell out at large sporting venues, including the Staples Center in Los Angeles and the Barclays Center in New York. The growth of this multibillion-dollar industry comes with a host of new legal issues. Among them is the regulation of “e-doping”: the use of hacks and cheats during e-sports games, which gives e-dopers an unfair advantage. E-doping compromises the integrity of the industry, which is vital to its continued growth, by discouraging gamers and fans from trusting the fairness of e-sports. …

Title Ix At 50: Exploring The Impact Of The Law On Cases Of Sexual Misconduct And Participation Equity In Athletics, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

June 23, 2022 will mark the 50th anniversary of Title IX; during that time frame there has been a drastic increase in girl’s and women’s participation in sport. There has also been significant political debate and push back to Title IX which has threatened to undermine the impact of the law. Over the last 10 years, Title IX has been synonymous with litigation related to sexual harassment and transgender athlete participation in sport. Additionally, universities have continually sought to cut women’s sports under the guise of budgetary constraints. The purpose of this poster presentation is three-fold: 1) Review recent case …

Copyright Licensing And The Regulation Of China's Music Market: Searching For Transactional Efficiency And Fair Compensation, Chien-Chih (Jesse) Lu

Washington Journal of Law, Technology & Arts

China’s music copyright collecting society and its new music platforms, find points of commonality through constructing more efficient and profitable systems to generate more users and greater income. By undertaking a comparison of the various copyright regulations, cases, and statistics, this research aims to contribute to academic science by extracting frameworks and solutions from the United States and European licensing models and examining them in the context of China’s music market. It aims to discover rational approaches to connect rising technology and emerging economic incentives.

Appropriate solutions are proposed based on the influence of international treaties and legislative progress driven …

Vara Turns Thirty-One: How Amending The Visual Artists Rights Act Of 1990 To Add Guiding Language Can Further Advance The Act’S Purpose, Ana-Victoria Moreno

Texas A&M Journal of Property Law

Congress passed the Visual Artists Rights Act (“VARA”) in 1990, introducing the doctrine of moral rights into United States law. Moral rights consist of four rights: attribution, disclosure, withdrawal, and integrity. VARA recognizes the rights of attribution and integrity to preserve the integrity of artworks and of the country’s cultural heritage by encouraging artists to create. The passing of VARA has been met with criticism but also with excitement that Congress recognized the importance of artists’ non‌-economic rights. In the thirty‌-one years since the enactment of VARA, caselaw has developed that shows how courts and parties are interpreting its language. …

Here’S Why It’S Time The Lanham Act Recognizes Personal Brands, Golden Gate University School Of Law

GGU Law Review Blog

The Lanham Act defines and governs trademarks, service marks, and unfair competition, all to protect American consumers from market confusion. Under the Lanham Act, a mark is famous if it is “widely recognizable to the general consuming public of the United States.” When a celebrity brings a claim under the Lanham Act for the unauthorized use of their image, courts may find that the celebrity’s name and image constitute an unregistered trademark, while the celebrity’s persona is the goods or services which the celebrity places into commerce. To analyze the claim, several factors help determine the likelihood of market confusion. …

Terminated Asu Women's Lacrosse Coach Files Retaliation And Wrongful Termination Lawsuit, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

Courtney Connor, the former women’s lacrosse coach at Arizona State University, sued the University and the Arizona Board of Regents (collectively, “ASU”) for Title VII and Title IX retaliation, as well as wrongful termination.

Betting On Gambling: How Professional Sports Leagues Could Increase Revenues Following Murphy V. Ncaa, Edward “Max” Bell

The Journal of Business, Entrepreneurship & the Law

This comment explores the avenues professional sports leagues are taking to profit from legalized sports gambling following the Murphy decision. Part II provides the modern historical legal background of sports gambling in America, discussing the Professional and Amateur Sports Protection Act and the reasoning for and the effects following the Act’s falling in Murphy. Part III analyzes the current sports gambling landscape, including the current federal and state legal landscape; society’s ever-revolving views on sports gambling; the American sports gambling industry, the offshore industry, and the growth of the industry as a whole; and the stances of sports leagues before …

The Hollywood Circuit’S Protection Of The Batmobile Provides An Uncertain Future For First Amendment Protections, Nicole Geiser

The Journal of Business, Entrepreneurship & the Law

This Comment analyzes the potentially damaging impact the Ninth Circuit’s decision in Towle could have on modern copyright law and the First Amendment. Part I will provide an overview of modern copyright law, challenges faced when deciding the level of protection that should be afforded to characters, and the important difference between literary characters and visually depicted characters and how it can affect the degree of protection allowed. Part II will discuss the history of character copyright, specifically, the different tests adopted by circuit courts and the impact each one has on the protection of characters. Part III will analyze …

Intellectual Property And Tabletop Games, Christopher B. Seaman, Thuan Tran

Scholarly Articles

There is a rich body of literature regarding intellectual property’s (“IP”) “negative spaces”—fields where creation and innovation thrive without significant formal protection from IP law. Scholars have written about innovation in diverse fields despite weak or nonexistent IP rights, such as fashion design, fine cuisine, stand-up comedy, magic tricks, tattoos, and sports plays. Instead, these fields rely on social norms, first- mover advantage, and other (non-IP) legal regimes to promote innovation in the absence of IP protection.

As a comparison to these studies, this Article comprehensively analyzes the role of IP law in facilitating innovation in tabletop gaming, including board …