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Articles 1 - 30 of 62
Full-Text Articles in Law
Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona
Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona
Pepperdine Law Review
TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …
Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank
Sabermetrics And Patents?: Open Source, Property Protections, And Alice V. Cls Bank
Marquette Intellectual Property & Innovation Law Review
None
Monopolizing Sports Data, Marc Edelman, John T. Holden
Monopolizing Sports Data, Marc Edelman, John T. Holden
William & Mary Law Review
With legal sports betting viewed as a panacea for state budget woes across the United States, the underlying data that fuels the sports betting industry has emerged as an especially valuable asset. In the hopes of capitalizing on state laws that have now legalized sports betting, United States professional sports leagues have attempted to gain exclusive ownership rights over valuable sports betting data by asking legislators to mandate that bookmakers exclusively use data sold through the league. In addition, some sports leagues have imposed policies mandating that teams bundle together their collected data for purposes of selling it exclusively through …
What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law
What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Pace Intellectual Property, Sports & Entertainment Law Forum
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers, John Bat
Catholic University Journal of Law and Technology
The soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers …
The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber
The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber
Fordham Intellectual Property, Media and Entertainment Law Journal
Gambling has been the subject of controversy since its inception. While some claim that it is a “gentleman’s game” and a means of social entertainment, others argue that it is a sinful endeavor that enables corruption, scandal, and addiction. Today, there are several different types of gambling that occur in the United States—all with varying degrees of legality and regulation. For example, betting on horse racing is legal throughout the United States, and state-sanctioned lotteries are present in forty-four of fifty states.3 Commercial casinos, like those in Las Vegas and Atlantic City, are regulated on a state-by-state basis, and gambling …
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 …
Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports, Marc Edelman
Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports, Marc Edelman
Pace Intellectual Property, Sports & Entertainment Law Forum
Today, I will provide an overview of the legal status of “daily fantasy sports” and explain why the legality—or illegality—of the industry is not a sure bet. I will begin by providing a brief background of the origins of fantasy sports, and then turn to the impact of technologies such as the Internet, and the legal status of these games under both federal and state laws. I will conclude by discussing the recent efforts to regulate “daily fantasy sports” through the courts and legislation
The Air Jordan Rules: Image Advertising Adds New Dimension To Right Of Publicity–First Amendment Tension, Stephen Mckelvey, Jonathan Goins, Frederick Krauss
The Air Jordan Rules: Image Advertising Adds New Dimension To Right Of Publicity–First Amendment Tension, Stephen Mckelvey, Jonathan Goins, Frederick Krauss
Fordham Intellectual Property, Media and Entertainment Law Journal
Every year, corporations spend on average nearly thirty-five billion dollars on sports-related marketing, ranging from stadium naming rights and promotional sponsorships, to commercials and endorsement deals. In mining through some of the potential legal traps, corporate advertisers understand that utilizing the name, image, or likeness of athletes or celebrities in marketing and promotional campaigns requires some form of consent and compensation. Corporations hire lawyers for “advertising clearance”: to ensure that slogans, logos, and images are available for use, and that video and music in audio-visual recordings are otherwise licensed. The concept of getting permission or authorization is relatively straight-forward. However, …
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 …
Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams
Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams
Stephen F Ross
This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …
Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente
Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente
Marquette Intellectual Property Law Review
None
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015
Pace Intellectual Property, Sports & Entertainment Law Forum
The staff of PIPSELF has worked diligently this year in selecting and preparing original and appealing articles concerning emerging issues in the fields of intellectual property, sports, and entertainment law for this issue. We welcome our readers to send comments and feedback: e-mail us at pipself@law.pace.edu, visit our Twitter @PIPSELF, or ‘like’ us on Facebook at “Pace Intellectual Property, Sports & Entertainment Law Forum.”
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
Julian Dibbell
When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the …
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
John C Zwisler
No abstract provided.
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves
Roger M. Groves
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so. But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms, …
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Jennifer Riso
The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
Mark A. Conrad
The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits …
A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark Conrad
A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark Conrad
Mark A. Conrad
No abstract provided.
The Washington Redskins Case And The Doctrine Of Disparagement: How Politically Correct Must A Trademark Be?, Kimberly A. Pace
The Washington Redskins Case And The Doctrine Of Disparagement: How Politically Correct Must A Trademark Be?, Kimberly A. Pace
Pepperdine Law Review
No abstract provided.
American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman
American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman
Pace Intellectual Property, Sports & Entertainment Law Forum
Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman
Pace Intellectual Property, Sports & Entertainment Law Forum
Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.
What’S A “Bunker”?: The Curious Case Of How Dustin Johnson Lost The 2010 Pga Championship And Why The Pga Must Revise The Now Infamous Local Rule At Whistling Straights, Brian Pelanda
Brian Pelanda
This article discusses the problematic rule at the heart of the historic controversy that surrounded the 2010 PGA Championship and cost Dustin Johnson an opportunity to enter a playoff to contend for the tournament’s $1.35 million grand prize. I employ general principles of statutory construction to demonstrate how the unique Local Rule that the PGA implemented for the tournament at Whistling Straights impermissibly altered the definition of a sand bunker under the Official Rules of Golf. This issue is important not just because of how the problematic Local Rule harmed Dustin Johnson, but also because the PGA has insisted that …
The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher
The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky
Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman
Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman
Gender Equality In High School Sports: Why There Is A Contact Sport Exemption To Title Ix, Eliminating It, And A Proposal For The Future., Blake J. Furman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.