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Full-Text Articles in Law

Blockchain Copyright Exchange – A Prototype, Jiarui Liu Oct 2021

Blockchain Copyright Exchange – A Prototype, Jiarui Liu

Buffalo Law Review

The copyright market for creative works such as music and movies traditionally involves a complex web of licensing transactions and exorbitant transaction costs. Out of every dollar that consumers pay, an artist who writes, performs, and produces her own work may receive less than fifteen cents while the rest are diverted to cover the costs of financing new production, marketing new works, and distributing royalties. Although artists are typically scheduled to receive royalties on a quarterly basis, a payment may lag as far as two years after users paid. Furthermore, if a collecting society is unable to identify the rightful ...


"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail Sep 2021

"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail

Villanova Law Review

No abstract provided.


Let's Play Ball: Sports, Entertainment, And The Law, Milton O. Thompson Sep 2021

Let's Play Ball: Sports, Entertainment, And The Law, Milton O. Thompson

One More Cold Call: An IU Maurer School of Law Alumni Podcast

Milt Thompson, JD 1979 and president and CEO of Grand Slam, talks about turning down a professional baseball career to attend law school, what it was like to graduate in 1979, how he co-founded Play Ball Indiana, his work with the Pan American Games (including a trip to Cuba where he met with Fidel Castro), and his long-standing work with nonprofits and community organizations in Indianapolis.


Rock The Cash-Bah! How Alston Presents A New Challenge To The Amateurism Justification And Ways The Ncaa Can Modernize To Remain Afloat, John Y. Doty Aug 2021

Rock The Cash-Bah! How Alston Presents A New Challenge To The Amateurism Justification And Ways The Ncaa Can Modernize To Remain Afloat, John Y. Doty

University of Miami Business Law Review

During the last decade, antitrust litigation involving Division I athletes and the NCAA has resulted in changes to the NCAA’s rules, presenting a threat to amateurism. As athletes have voiced concerns about their likeness being used without permission in video games, the difficulty of balancing sports and academics, and going to bed hungry when millions of dollars in profits are being made off of them, the NCAA has allowed conferences and schools to provide student-athletes with stipends for cost of attendance expenses. However, even though the NCAA has modified its rules, athletes continue to ask for more, and courts ...


Songwriters V. Spotify: Is Spotify The Problem Or A Symptom Of The Problem?, Mariana L. Orbay Aug 2021

Songwriters V. Spotify: Is Spotify The Problem Or A Symptom Of The Problem?, Mariana L. Orbay

Pepperdine Law Review

Today, streaming is the prevailing mode of music consumption. Yet, streaming services are struggling to turn a profit, as songwriters also face significant financial challenges in the streaming era. All the while, record labels are collecting the majority of streaming revenue and seeing record profits. The 2018 Music Modernization Act attempted to address songwriters’ and streaming services’ financial problems by altering the factors considered by the Copyright Royalty Board in determining the mechanical royalty rates owed by streaming platforms to songwriters. A proper application of this newly instated factor test necessitates considering both songwriters’ and streaming services’ business operations and ...


Professional Gamers Are Today’S Professional Athletes, Troy Viger Aug 2021

Professional Gamers Are Today’S Professional Athletes, Troy Viger

Georgia State University Law Review

Recall the adversities faced by many in the entertainment industry. Freddie Mercury tried to join several bands before forming Queen. Judy Garland signed with Metro-Goldwyn-Mayer at age thirteen after performing with her sisters throughout her childhood. Babe Ruth signed his first professional baseball contract with the minor-league Baltimore Orioles. Those same historic adversities faced by these giants of the entertainment industry are being repeated today in a closely related field—the Esports industry.

Esports, a form of competitive video gaming, attracts audiences that “rival some of the world’s great sporting events.” A thorough due diligence review of the industry-norm ...


Masthead Jul 2021

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller Jul 2021

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

Hastings Communications and Entertainment Law Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually ...


Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin Jul 2021

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

Hastings Communications and Entertainment Law Journal

No abstract provided.


A “Journey” Through Band Agreements, Jordan M. Whitford Jul 2021

A “Journey” Through Band Agreements, Jordan M. Whitford

Hastings Communications and Entertainment Law Journal

No abstract provided.


Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray Jun 2021

Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray

University of Massachusetts Law Review

Contracts have always relied on text first, foremost, and usually exclusively. Yet, this approach leaves many users of contracts in the dark as to the actual meaning of the transactional documents and instruments they enter into. The average contract routinely uses language that only lawyers, law-trained readers, and highly literate persons can truly understand. There is a movement in the law in the United States and many other nations called the visualization of law movement that attempts to bridge these gaps in contractual communication by using highly visual instruments. In appropriate circumstances, even cartoons and comic book forms of sequential ...


Boxers And The Bargaining Table: How Canelo Alvarez’S Recent Dispute Could Open The Door For Streaming Giants To Enter The Promotional Ring, Sean O'Donnell Jun 2021

Boxers And The Bargaining Table: How Canelo Alvarez’S Recent Dispute Could Open The Door For Streaming Giants To Enter The Promotional Ring, Sean O'Donnell

DePaul Journal of Sports Law

No abstract provided.


Ncaa’S Name, Image, And Likeness Rules In The Wake Of The Nba’S G League: What It Means For Antitrust Protection, Nathanial Hall Jun 2021

Ncaa’S Name, Image, And Likeness Rules In The Wake Of The Nba’S G League: What It Means For Antitrust Protection, Nathanial Hall

DePaul Journal of Sports Law

This paper analyzes the development of the NBA’s age restriction rules and places those developments alongside the newfound trend of America’s top players opting out of playing in the NCAA, and instead seeking out other avenues when it comes to their one-year “development.” The paper begins by giving a brief antitrust analysis as those laws relate to age eligibility rules in the NBA. Next, this paper reviews the evolution of professional sports age eligibility requirements as they relate to their respective drafts. In doing so, the paper will discuss the current format of the NBA’s Draft, its ...


A Global Pandemic And A Wildcat Strike: How Covid-19 And Civil Unrest Could Impact The Nba’S Labor Relations, Bennett A. Herbert Jun 2021

A Global Pandemic And A Wildcat Strike: How Covid-19 And Civil Unrest Could Impact The Nba’S Labor Relations, Bennett A. Herbert

DePaul Journal of Sports Law

The future of the NBA’s labor relations could be significantly impacted by the COVID-19 pandemic and the recent civil unrest around the country. The current NBA collective bargaining agreement was approved in 2016. In the four seasons following its approval, both owners and players were seemingly pleased with the general state of the league. The NBA’s annual revenue ballooned from $5.2 billion in 2016 to $8.8 billion in 2019, and there were few reports of any significant tension between owners and the Players Association. However, 2020 threw two wrenches that may crucially affect both the immediate ...


Instagram Issues: Why Professional Sports Leagues Need To Reconsider How Photography And Copyrights Are Governed, Anthony Studnicka Jun 2021

Instagram Issues: Why Professional Sports Leagues Need To Reconsider How Photography And Copyrights Are Governed, Anthony Studnicka

DePaul Journal of Sports Law

Playing sports is not the only way professional athletes generate income. In recent years, athletes have taken a deliberate approach towards building their personal brands to increase the value of their potential marketing and endorsement opportunities. The more known, liked, and marketable an athlete is, the greater their income potential.

Athletes can increase their marketability by eliciting and creating positive interactions with fans on social media. For example, when LeBron James decides to take to Instagram and post a photograph, many fans will view it and it will garner significant engagement. However, can LeBron post whatever image of himself he ...


Athletic Favoritism In The Context Of The Covid-19 Pandemic, Hannah Kelly Jun 2021

Athletic Favoritism In The Context Of The Covid-19 Pandemic, Hannah Kelly

DePaul Journal of Sports Law

No abstract provided.


Applying Tourism Improvement Districts To Sports Commissions: Securing Dedicated Funding For Sports Tourism, Roxanne Steinhoff Jun 2021

Applying Tourism Improvement Districts To Sports Commissions: Securing Dedicated Funding For Sports Tourism, Roxanne Steinhoff

DePaul Journal of Sports Law

No abstract provided.


A New Kind Of Pitch: The Rise Of Sports Dedicated Private Equity Funds And The Future Of The Single Entity Defense, Chase Browndorf May 2021

A New Kind Of Pitch: The Rise Of Sports Dedicated Private Equity Funds And The Future Of The Single Entity Defense, Chase Browndorf

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen May 2021

Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young May 2021

Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Where To Draw The Line: The Endless Search For A Legal Competitive Edge, Andrew Brandt May 2021

Where To Draw The Line: The Endless Search For A Legal Competitive Edge, Andrew Brandt

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky May 2021

2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt May 2021

Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Epic Games V. Apple: Tech-Tying And The Future Of Antitrust, Emma C. Smizer May 2021

Epic Games V. Apple: Tech-Tying And The Future Of Antitrust, Emma C. Smizer

Loyola of Los Angeles Entertainment Law Review

Antitrust and “Big Tech” firms are under renewed scrutiny, in part due to the dispute between Epic Games and Apple. This lawsuit strikes at the heart of the growing phenomenon of “tech-tying,” a form of vertical integration in digital aftermarkets where monopolistic tech firms condition the use of their operating systems on the added use of other complimentary software or services. Judicial attitude toward claims of tying has shifted considerably over recent decades, resulting in lax enforcement against vertical integration arrangements. This Comment argues that Apple’s conduct constitutes “tech-tying” and that competitors should be permitted to enter the aftermarkets ...


Privacy As A Collective Norm, John Shaeffer, Charlie Nelson Keever May 2021

Privacy As A Collective Norm, John Shaeffer, Charlie Nelson Keever

Loyola of Los Angeles Entertainment Law Review

As the economic value of aggregating personal data has grown, so too have concerns over the economic power “owning” such data gives to those who collect it. Existing legal regimes governing data privacy have struggled to strike a balance between protecting personal privacy and preserving the economic efficiencies that can be gained by permitting the collection and exploitation of personal data. This Article proposes a collective re-conceptualization of one subset of personal data: information about what we do, say, and like. This data has little value in isolation—it only becomes valuable when combined with the information about what others ...


The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein May 2021

The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein

Villanova Environmental Law Journal

No abstract provided.


International Art And Cultural Heritage, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray May 2021

International Art And Cultural Heritage, Patty Gerstenblith, Jacqueline Farinella, David Bright, Kevin Ray

The Year in Review

No abstract provided.


Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum May 2021

Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum

Loyola of Los Angeles Law Review

No abstract provided.


When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee Vanhorn Apr 2021

When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee Vanhorn

Arkansas Law Review

"Many times when you lose, it's the greatest opportunity to improve. You have this unique opportunity to make dramatic change that you probably couldn't make when things seem to be going right." A YouTube channel titled “Deestroying” displays unique talents of a Costa Rican immigrant named Donald De La Haye (“De La Haye”). De La Haye has a second channel, “KD Family,” and together, the channels have a combined 486 million views and more than three million subscribers. De La Haye majored in marketing at the University of Central Florida (“UCF”), but creates content for his YouTube channels ...


Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin Apr 2021

Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin

Northwestern Journal of Law & Social Policy

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in federally funded education programs or activities. Since its enactment, Title IX has dramatically increased interscholastic and intercollegiate athletic opportunities for women and girls. Despite indisputable progress since Title IX’s enactment, particularly for female athletes, many high schools and universities still fail to offer equal athletic opportunities for members of both sexes. Inadequate educational resources for high school and university athletic department administrators leads to a misunderstanding of Title IX’s requirements. This misunderstanding results in institutional misconduct and non-compliance with Title ...