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Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren
Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren
Fordham Intellectual Property, Media and Entertainment Law Journal
Many major sports leagues including the National Football League, Major League Baseball, and Ultimate Fighting Championship have consistently used the Digital Millennium Copyright Act (“DMCA”) to remove user-created GIFs, Vines, and related content that make use of the leagues’ copyrighted broadcast material on Twitter. This Article analyzes Twitter users’ right of fair use in the leagues’ copyrighted material, while suggesting that sports leagues and their agents may not be following the Ninth Circuit’s Lenz v. Universal Music Corp.decision, which requires copyright owners to consider fair use before submitting DMCA takedown notices. Sports leagues’ protocol and actions towards GIFs and Vines …
A Comparative Analysis Of The Nfl’S Disciplinary Structure: The Commissioner’S Power And Players’ Rights, Cole Renicker
A Comparative Analysis Of The Nfl’S Disciplinary Structure: The Commissioner’S Power And Players’ Rights, Cole Renicker
Fordham Intellectual Property, Media and Entertainment Law Journal
The power of professional sports commissioners to determine what is in the “best interests” of their respective sport is a significant aspect of sports today, and can be traced back to 1921, when the federal courts authorized then-Commissioner Kenesaw Mountain Landis to act with a broad range of discretion in protecting the “best interests” of baseball. This precedent set in motion a long history of commissioners using the “best interests” of the game power to accomplish various goals, and most recently has been used to discipline players for alleged misconduct. The Commissioner of the National Football League, Roger Goodell, has …