Law Commons^™

The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Getting A Handle On The Taxation Of Sports Betting, Samuel Craig

Loyola of Los Angeles Entertainment Law Review

Sports betting is not merely a 21st century novelty; however, recent legislative and societal changes have allowed sports betting to bloom into a widespread phenomenon in America. The rapid emergence of sports betting in American life has caused states to react with legislation ranging from full-stop bans to partnerships with sportsbooks to capitalize on this lucrative and newly legal activity. While plenty of discussion can be found regarding the social and political considerations of legalizing gambling and related activities, no comprehensive legal scholarship has focused specifically on the taxation of sports betting. Sports betting exists in a relatively unique position …

The Proof Is In The Data: How Ethereum And Efficient Audits Can Reduce Litigation In The Streaming Era, Keri Ogden

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Digital Dilemma: Counterfeit Culture And Brand Protection Reform In The E-Commerce Era, Ani Khachatryan

Loyola of Los Angeles Entertainment Law Review

In recent decades, the Internet’s growth has revolutionized the modern shopping experience. With the rise of e-commerce platforms, consumers can now instantly access thousands of products. Unfortunately, the ease of online shopping has also supported the development of counterfeit culture and fueled a coinciding increase in trademark infringement. Furthermore, given the expected expansion of e-commerce, brand identity conveys substantial value in online marketplaces. This backdrop, coupled with a surge in trademark litigation since Tiffany v. eBay, demonstrates the importance of trademark reform. The current framework for assessing trademark infringement in e-commerce settings disproportionately burdens small businesses, and this Comment …

Explicit Lyrics: The First Amendment Free Speech Rulings That Have Protected Against Music Censorship In The United States, Eric T. Kasper

Loyola of Los Angeles Entertainment Law Review

As noted by the U.S. Supreme Court in Ward v. Rock Against Racism (1989), calls for music censorship are at least as old as Plato’s Republic. Attempts to punish artists for their music continue across the globe to the present day. In the United States, these attempts have been thwarted by key Court precedents on incitement (Brandenburg v. Ohio, 1969), true threats (Watts v. United States, 1969), profanity (Cohen v. California, 1971), and obscenity (Miller v. California, 1973). None of these precedents dealt with music, but after Southeastern Promotions, Ltd. v. …

E.T. Phone Home: Can Hollywood's Big Break Include Fixing Environmental Carnage And Human Rights Violations From Co-Productions, Haley N. Carson

Loyola of Los Angeles Entertainment Law Review

With the continuous rise of globalization and the interconnectivity of nations, co-productions are becoming the new “hit” for movies and shows. When two or more foreign nations come together for entertainment purposes, co-productions are formed. How do these nations join forces for “movie magic?” Big brother film commissions, such as the Association of Film Commissioners International and the European Convention on Cinematographic Co-Production, aid in the facilitation of co-productions.

While consumers are unaware of the details and fine-print behind these co-productions, watchers might be surprised to learn that more than one-third of Hollywood’s productions are being produced abroad. Although these …

Cassandra's Curse Or Cassandra's Triumph: Three Tales Of Intellectual Property Revised, Mira Moldawer

Loyola of Los Angeles Entertainment Law Review

Cassandra’s curse, which assured that her prophesies will come true, but that no one would ever believe her, evokes three major predictions in regard to Intellectual Property in the information era. First, the information era requires no “Law of the Horse”, as phrased by Judge Easterbrook, as a sound law of intellectual property be applicable to digital technologies as well, instead of creating new law for every new step in technology’s evolution. Secondly, Lessig’s seminal “code is law” reframed this dilemma, in reference to private conglomerates versus legislative authority. Thirdly, John Perry Barlow, in his ʻDeclaration of the Independence of …

Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine

Loyola of Los Angeles Entertainment Law Review

The Second Circuit and the Ninth Circuit are currently divided on the issue of how far back a copyright owning plaintiff in a copyright infringement can collect in damages against a continuing infringer. The Second Circuit states that the Copyright Act’s three-year statute of limitations and the discovery rule only permit plaintiffs to collect damages three years back from the date they bring their infringement action. However, the Ninth Circuit states that the three-year statute of limitations is only concerned with the timing in which a plaintiff brings her infringement action, and that she can recover all of the damages …

Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels

Loyola of Los Angeles Entertainment Law Review

As emphasized by the European Commission Vice President for the Digital Single Market, “the way people enjoy culture and entertainment has completely changed- and this is good. But it is important that we don’t leave creators in the cold.” In response to pleas from songwriters, publishers and performing rights organizations (“PROs”) to allow free-market bargaining for public performance licenses of the PROs’ members’ musical compositions, the unanimously passed Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA”) was signed into law on October 11, 2018. Title I of the MMA, the Musical Works Modernization Act (“MWMA”), strives to alleviate several concerns …

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …

One Too Many Sticks For The Trademark Bundle? The Unintended Consequences Of Luxury Brands’ Push For A Post-First Sale Authentication Right, Betina A. Baumgarten

Loyola of Los Angeles Entertainment Law Review

The unprecedented and exponential growth of resale is both a rose and a thorn to the luxury market. Some fashion brands construe resale as an opportunity to diversify and expand their client base; while others, who firmly subscribe to a luxury philosophy grounded in exclusivity, believe resale threatens everything from their brand allure to their very existence. Indeed, when Chanel declared that “[o]nly Chanel itself can know what is genuine Chanel,” it opened Pandora’s box by providing far more than a peek into its litigation strategy. Chanel’s declaration all but declared war on the secondary resale market in not only …

Influencing Immigration: The Need For Immigration Reform In The Age Of Social Media Influencers, Sydney Wong

Loyola of Los Angeles Entertainment Law Review

The social media “influencer” has become a powerful marketing tool for American businesses to advertise their products and services. Foreign influencers have the ability to help American businesses reach international markets and are an effective solution to the marketing challenges that come with trying to break into these international markets. However, if a foreign influencer visits the United States and performs paid marketing work for an American business without a work visa, then the influencer will have violated U.S. immigration law. Indeed, even a seemingly harmless sponsored Instagram post may be a violation.

The clear solution to this problem would …

The Power Of The Modern Media On An “Impartial” Jury: A Deeper Look At The Kobe Bryant Wrongful Death Lawsuit, Tatum Lowe

Loyola of Los Angeles Entertainment Law Review

The impact of the modern media on jury impartiality has never been more prevalent than today. Whether in criminal or civil trials, courts are faced with adjudicating cases with constant media coverage. This is especially concerning when these issues gain nationwide coverage thus leaving very few people without some sort of preconceived notion or opinion on the case. Courts today are now faced with jury pools that come in with “knowledge” and preconceived opinions before any client has had a chance to make their case. Thus, it is not surprising that the defendant in the Kobe Bryant wrongful death suit …

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 of …

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 do, …

Warner Bros. V. Nelson: A Prelude To The De Havilland Law, John M. Broderick

Loyola of Los Angeles Entertainment Law Review

In 1944, the California Court of Appeals handed down its landmark decision in De Haviland v. Warner Bros ending the practice of studios extending personal service contracts beyond the statutory limit of seven years by adding suspension periods incurred during the contract term. “Suspension/extension” could double the term of an actor’s contract. The De Haviland case has justly received much attention, but an earlier case, Warner Bros. v. Nelson, in which Bette Davis also challenged the practice of suspension/extension, merits more attention than it has received.

In Warner Bros. Nelson, Davis argued that her studio contract should not …

Flash Infringement 2.0: Protecting “Unique Performance” From Live Social Media Distribution As A Right Of Publicity, Michael M. Epstein

Loyola of Los Angeles Entertainment Law Review

This Article posits that state law right of publicity actions offer a potential remedy for non-musical performers who fall victim to the phenomenon of “flash infringement,” the instantaneous and unauthorized uploading and dissemination of performances by live event audiences. In 2021, comedians, actors and magicians, may be able to use the right of publicity to protect the value of their unique performances, since their non-musical acts are not covered by the Federal Anti-Bootlegging Statute. Moreover, under California law, secondary liability actions with respect to this unique performance right might allow performers to sue social media companies for providing a commercial …

Reimagining Content Moderation: Section 230 And The Path To Industry-Government Cooperation, Yeva Mikaelyan

Loyola of Los Angeles Entertainment Law Review

In February 2020, the Ninth Circuit held that YouTube, as a private entity, does not have to provide First Amendment protections to its content creators. The holding was not surprising or groundbreaking, but the case served as catalyst in the discussion of how platforms should moderate content. This was further amplified when over the summer, Twitter started to add warnings under some of President Donald Trump’s tweets. In response, the President called to “REVOKE 230.”

“230” refers to Section 230 of the Communications Decency Act. At a high level, Section 230 allows platforms to moderate content at their discretion without …

Reorganizing In The Wake Of Mission Prod. Holdings V. Tempnology: How To Address The Trademark And Bankruptcy Law Issues Created By The Supreme Court’S Recent Decision, Kayla N. Ghasemi

Loyola of Los Angeles Entertainment Law Review

Bankruptcy law seeks to provide a “fresh start” for debtors and an equitable distribution of funds to creditors. Trademark law, on the other hand, aims to ensure proper source identification and protect the public from deception. These policies converge when a trademark owner or licensor has licensed use of the mark to others and hopes to reject this licensing agreement in bankruptcy. Prior to the Supreme Court’s decision in Mission Prod. Holdings v. Tempnology, LLC, there was a circuit split regarding the licensee’s rights upon the bankruptcy of and rejection by the licensor. Some circuits held that the licensee’s rights …

Influencers: Not So Fluent In Disclosure Compliance, Keith Coop

Loyola of Los Angeles Entertainment Law Review

The Fyre Festival is one of the most infamous disasters in music festival history. Lesser known to the public is that the influencers involved in Fyre Festival’s influencer marketing campaign were required to disclose their payments for endorsing the event. These types of disclosures are regulated by the Federal Trade Commission (“FTC”) pursuant to its authority granted under the Federal Trade Commission Act (“FTC Act”). The disclosure requirement is set forth in the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”), which are nonbinding instructions that educate influencers on how to comply with Section 5 …

Twitter, Parody, And The First Amendment: A Contextual Approach To Twitter Parody Defamation, Emma Lux

Loyola of Los Angeles Entertainment Law Review

Twitter parody defamation cases raise novel questions about how to translate defamation law to Twitter’s interactive platform. What constitutes a “reasonable” reader on Twitter? What content is relevant to interpreting the meaning of a tweet from a parody account? The answers to these questions will have far-reaching effects for online speech. Parody authors are already vulnerable to defamation liability, particularly on Twitter where their statements often appear with very little context. Twitter parody accounts, which produce important political and social commentary, risk defamation lawsuits, as well as, in some states, criminal liability for online impersonation. This Note proposes a methodology …

All The News That's Fit To Hide: Sexual Assault And Silence In Hollywood And The Lawyers Who Let It Happen, Neil Fulton

Loyola of Los Angeles Entertainment Law Review

Hollywood stars and moguls, sexual misconduct and harassment, investigative journalism, espionage, and unethical lawyer conduct—all this and more is on display in Ronan Farrow’s Catch and Kill: Lies, Spies, and a Conspiracy to Protect Predators. Working for NBC News and then The New Yorker, Farrow investigated allegations of serial sexual assault by Harvey Weinstein. He readily found women who said they had been assaulted by Weinstein, but getting those stories to the public required navigating an obstacle course of non-disclosure agreements, corporate legal departments, unethical conduct by Weinstein’s legal team, and even being followed by spies. In the end, however, …

Bottom Of The Ninth Circuit: Senne V. Kansas City Royals Baseball Corporation, Kevin Togami

Loyola of Los Angeles Entertainment Law Review

Major League Baseball (“MLB”) is a multi-billion-dollar business. While MLB contracts can be worth well over $300 million, there are thousands of minor leaguers in the shadows of MLB making between $3000 to $7500 a year. These players survive in poor living conditions, receiving salaries far below federal minimum wage. They endure years of financial struggle for the marginally slim chance of playing in “The Show.”

In Senne v. Kansas City Royals Baseball Corporation, minor leaguers took a stand and voiced their frustration with this unfeasible lifestyle. They filed a class action lawsuit against MLB asserting claims under the Fair …

Workers Of The Gaming World, Unite! The Uncertain Future Of The Video Game Industry In The Aftermath Of Ab 5, Natalie Kalbakian

Loyola of Los Angeles Entertainment Law Review

The video game industry is a rapidly growing and lucrative entertainment market. It has played an immense role in shaping the consumption of media. However, the reality of working conditions for the industry labor force largely behind these innovations is much less impressive. This Note examines the video game industry as a case study for the potential impact of California Assembly Bill 5 (“AB 5”) on industries that heavily rely on independent contractors with specialized skill sets.

First, this Note advances the argument that the video game industry has engaged in regulatory arbitrage by capitalizing on the loopholes created as …

Scuffed Chucks: Converse's Scuffle, The Federal Circuit's Overstep, And The Court's Stance On Trademark Infringement, Angela Tam

Loyola of Los Angeles Entertainment Law Review

The multi-billion-dollar footwear industry accounts for an enormous portion of the United States economy. Among the top brands, an iconic pair of shoes is the Converse All-Star Chuck Taylor. The rubber shoe company generated a global revenue of nearly $2 billion in 2019 alone. The consistent popularity of the Chuck Taylors over the last decades has prompted many copycats to try to mimic the company’s leading look.

The Federal Circuit recently ruled in a trademark infringement case, Converse Inc. v. International Trade Commission. The case followed Converse’s complaint against various footwear products, including brands such as Sketchers and New Balance, …

Sex Is Not A Three-Letter Word: The Effect Of Manipulating The Definition Of "Sex" On The Future Of Transgender Athletes, Emily Grubman

Loyola of Los Angeles Entertainment Law Review

Title IX makes it unlawful for educational institutions receiving federal funding to discriminate “on the basis of sex.” But in the context of high school and college athletics, and specific to transgender athletes, what should the meaning of “sex” be? The Obama administration believed that “on the basis of sex” in Title IX includes “gender” in the meaning of “sex.” However, the Trump administration has proposed revoking that understanding, limiting the term “sex” to mean male or female, defined at birth. In the com- ing year, the Supreme Court may decide in R.G. & G.R. Harris Funeral Homes, Inc. v. …

California, Are You There? It's The Entertainment Industry Calling And We Need Net Neutrality, Olivia Young

Loyola of Los Angeles Entertainment Law Review

With online streaming rapidly replacing cable as the preferred method of media consumption for viewers, demand for online content is at an all-time high. Behind the scenes of the entertainment evolution is an open and neutral Internet that facilitates equal access to all online content. Until recently, the Federal Communications Commission (FCC) committed to preserving the neutral net by passing Net Neutrality regulations that prohibited Internet Service Providers (ISPs) from blocking, throttling, or prioritizing online content. That changed on December 14, 2017, when the FCC repealed Net Neutrality, lifting the restrictions that once prevented ISPs from differentially transmitting online content. …

Attempts Towards A Zero-Sum Game: A Recurring Imbalance Between Individual Privacy And The Fourth Amendment, Christopher Netniss

Loyola of Los Angeles Entertainment Law Review

The digital era we live in today allows society to work, shop, socialize, and even monitor one’s health without having to leave the confines of one’s home. In a recent landmark privacy case, Carpenter v. United States, the individual privacy implications of the Fourth Amendment were strengthened when the Supreme Court held that the government must generally obtain a warrant before collecting more than six days of historical cell-site location information from a third-party service provider, like Verizon. Cell-site location information could implicate numerous Fourth Amendment concepts, such as the third-party doctrine, mosaic theory, and public exposure doctrine. Refusing to …

Be Honest With Me: How Federal Regulation Of Sports Gambling Must Protect The Integrity Of The Game, Grant Ellfeldt

Loyola of Los Angeles Entertainment Law Review

On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA). Before the Court’s decision, PASPA had entirely prohibited states from legalizing sports gambling. In light of their newfound liberty, states began to individually legalize and regulate sports gambling. The federal government did not wait long to introduce their own regulations. On December 19, 2018, Congress introduced the Sports Wagering Market Integrity Act (SWMIA). At its core, SWMIA is designed to protect the integrity of professional sports.

To protect the integrity of professional sports and prevent fraud, SWMIA must accomplish three things. First, because …