Law Commons^™

Glorification Of Serial Killers: How The Law Fails To Protect Families Of The Victims, Ksenia Khlystova-Gowda

AELJ Blog

Serial killers have always caused controversy. They have been talked about, feared, studied, and after their deaths, they have been remembered and memorialized in various forms of art. In pursuit of success and fame, movie and documentary directors attempt to promote their own narratives while depicting the gruesome and hideous murders and crimes of these killers. However, it appears that few consider the pain and suffering these “art forms” cause the families of serial killer victims. Almost every year, there are new media productions that put serial killers in the spotlight and depict their victims as sacrificial plot elements that …

How Ufc Fighters Are Being Punched In The Mouth Even After Stepping Out Of The Cage, William Schwartz

AELJ Blog

There is no questioning that the Ultimate Fighting Championship (“UFC”) is the premier mixed martial arts (“MMA”) promotion in the world. The UFC does pay their fighters more than other MMA promotions, but there are still plenty of people rightfully claiming that the UFC substantially underpays their fighters. In 2019, the UFC made over $900,000,000 in revenue and paid their fighters less than $150,000,000. That is sixteen percent of their revenue, which is significantly lower than what the National Football League (“NFL”), National Basketball Association (“NBA”), and Major League Baseball (“MLB”) pay their players. Those aforementioned leagues pay their players …

The Acceptance Of Nfts In The Art World, Alissa Donovan

AELJ Blog

Since the first creation of non-fungible tokens (NFTs) in 2014, some have tried to discredit this new technology as a scam undeserving of legitimate artistic consideration. The test of time has proven otherwise, as the use of NFTs has expanded to impact numerous industries. Although the collapse of NFT trading volumes in September of 2022 allowed critics an “I told you so” moment, NFTs seem to be continuously expanding in both use and legitimacy from their first conception. Significantly, art museums have also made a statement: NFTs are a legitimate art form and a lucrative move for the future of …

The Power And Failure Of Fifa To Be A Force For Lgbtq And Human Rights, Issac Gamboa

AELJ Blog

The FIFA World Cup began in November, and with it, the attention of an anticipated three billion viewers turned to this year’s host nation Qatar. Qatar is the first Middle Eastern country to host the event and has spent billions of dollars to quickly build the infrastructure necessary to host the tournament. But as Qatar worked to improve its infrastructure for the tournament, concerns over the host nation’s discriminatory laws against the LGBTQ community caused many to wonder how the strictly religious Arab country could accommodate such a diverse fanbase.

This post was originally published on the Cardozo Arts & …

Netflix Copyright Lawsuit Results In Final Curtain For “Unofficial Bridgerton Musical.” Could Other Fanworks Be Next?, Madeleine Higgs

AELJ Blog

Shortly after the first season of the Netflix television show Bridgerton debuted, another project began. Struggling musician Abigail Barlow found inspiration in the show, which she felt had an inherent quality that lent itself perfectly to a Broadway-style musical. After a clip of herself singing a Bridgerton-inspired song went viral on TikTok, Barlow teamed up with fellow musician Emily Bear, and the work to create a full album based on the show began in earnest. Hype continued to build throughout the songwriting process, as Barlow and Bear’s songs amassed roughly thirty-six million likes on TikTok, and before long, the album …

The Pga Tour V. Liv Golf: The Antitrust Case, Alexandria Ciadrullo

AELJ Blog

There has been controversy in the world of professional golf over recent months with the emergence of LIV Golf. Funded by Saudi Arabia’s Sovereign Wealth Fund, LIV has undergone criticism for being a tool used to “sportswash” Saudi Arabia’s terrible human rights record and improve the image of the Kingdom. Despite these critiques, LIV has managed to entice ten of the world’s top-fifty golfers by offering hundreds of millions of dollars in guaranteed money.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2022. The original post can be accessed via the …

Ed Sheeran Copyright Victory Highlights Issues In The Music Industry, Shayna Grife

AELJ Blog

Ed Sheeran won a copyright infringement lawsuit filed against him for alleged copyright infringement in his popular song “Shape of You” in 2018.The Grammy-winning song, which also holds the title of the most streamed song on Spotify, was accused of being too similar to “Oh Why” by Sami Switch. The lawsuit raised questions for the music industry as to the issues associated with the increase of copyright infringement suits and the damaging effects that they may have on the music industry.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 4, 2022. The …

Labeling “The Last Prisoners:” New Legislation Requires New York Museums To Identify Nazi-Looted Artwork, Stephanny Avshalomov

AELJ Blog

“[S]he walked through the apartment and she turned to the SS men and she said, ‘Ich habe gernes. Alles.’ – ‘I like it. All of it.’ … they took everything out of [ ] our house.” The “greatest art theft in history” was executed alongside the largest mass murder in history. In 1940, Hitler established the Einsatztab Reichsleither Rosenberg (ERR) solely to confiscate and destroy art in German-occupied territories. When discussing the Holocaust, which included the grueling systematic annihilation of European Jews, the importance of artwork seems trivial. It, however, must be recognized: “You can wipe out an entire generation, …

Book Ban Opponents Face An Uphill Battle With Current Discretionary Review Standards, Zach Cihlar

AELJ Blog

On October 25th, 2021, Texas State Representative Matt Krause, in his capacity as Chairman of the Committee on General Investigating, circulated a letter addressed to the Texas Education Agency and school-district superintendents. The letter requested that superintendents identify and investigate a list of 800 books possibly held in their districts’ libraries that might contain topics ranging from human sexuality to HIV/AIDS to any material that “might make students feel discomfort, guilt, anguish . . . or psychological distress because of their race or sex . . . .”

This post was originally published on the Cardozo Arts & Entertainment Law …

70 Years Of Dance: Copyrighting Choreography Since 1952, Annie Planker

AELJ Blog

Choreography has long been a subject of controversy in the world of copyright. Despite its significance in the artistic community and the rise of social media in our everyday lives, choreography has not received the same property protections as other artforms, such as music, painting or sculpture. This is partly due to the transient nature of choreography; copyright law requires “fixed expressions” of works. It is also due to a legal hesitation to limit “social” arts. Lawmakers have little desire to prohibit large masses from participating in cultural activities.

This post was originally published on the Cardozo Arts & Entertainment …

Anticipating The New “Green Guides”: Ftc Promises Review Of Environmental Marketing Guidance, Frances Bandas

AELJ Blog

The Federal Trade Commission (“FTC”) is poised to review its “Green Guides,” a series of guidelines issued to help marketers make nondeceptive environmental claims that comply with federal regulations. Guidance is supplied for claims about a product or its packaging, claims made in connection with a sale or service, and all forms of marketing claims.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 20, 2022. The original post can be accessed via the Archived Link button above.

Can The Big Five Of Publishing Become The Big Four?, Olivia Nacionales

AELJ Blog

On March 4, 2020, ViacomCBS announced its intention to sell its book-publishing subsidiary, Simon & Schuster. This announcement came less than a year after the merger between Viacom and CBS. Since the 2019 merger, ViacomCBS decided to focus on television and video and began selling its smaller companies that do not have a “significant connection for [its] broader business.” Prior to the announcement to buy Simon & Schuster, ViacomCBS had received “unsolicited inbound calls” regarding the sale of the book publishing company.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 20, 2022. …

Cardozo Aelj’S Statement On Yu’S Appeal To Scotus, Editorial Board

AELJ Blog

The Cardozo Arts & Entertainment Law Journal (“AELJ”) strongly and unequivocally condemns Yeshiva University’s treatment of its LGBTQ+ undergraduate students. New York courts found that Yeshiva University’s refusal to recognize and fund the undergraduate LGBTQ+ group, Pride Alliance, was in violation of NYC Human Rights Law because Yeshiva University is chartered as an educational corporation, receives public funds, and is, therefore, not eligible for the Human Rights Law religious corporation exemption. Yeshiva now petitions the Supreme Court of the United States to stay that judgment so it may continue to discriminate against LGBTQ+ students in the name of religious freedom. …