Law Commons^™

Torts In Sports: Exploring The Boundaries Of Assumption Of Risk, Ben Gross

AELJ Blog

In the thrilling world of sports, we are accustomed to witnessing athletes push their bodies to the limits, seeking glory on the field, court, or rink. Alongside these incredible feats, however, come the inevitable injuries. Whether it’s a bone-jarring tackle, a slide into home base, or a body check in ice hockey, the risk of injury is part and parcel of competitive sports. Injuries can manifest in numerous forms and under diverse circumstances, spanning from physical environmental factors to those stemming from the actions of fellow participants. Yet, when is an injury just an unfortunate consequence of the game, and …

The Sports Betting Advertising Boom: Possible Regulations To Avoid The Bust, David Zack

AELJ Blog

Whether you watch sports or not, you’ve likely experienced a bombardment of sports gambling advertisements. Since the federal ban on sports betting was lifted, there has been a marketing blitz by the gambling industry in an attempt to capture new consumers in their emerging and rapidly growing industry. It has been estimated that the total ad spend for sports wagering in the United States will reach $2 billion in 2023, which is an 8% increase from the previous year.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The original post …

Djs, Ip, And Nfts, Oh My!: A Closer Look At The Changing Music Industry Landscape Of Today, Sara Casey

AELJ Blog

In generating over eleven million dollars and a lawsuit, the legal implications of American DJ, 3LAU’s, record-setting Non-Fungible Token (NFT) auction in 2021 have yet to be fully understood by the music industry. DJ 3LAU, or Justin Blau, is one of many artists convinced that NFTs are the catalyst to transforming the status quo of the industry’s business model. For Grammy-nominated DJ Steve Aoki, NFTs offer new expansive connections as Aoki communicates, and even collaborates with, fans through NFTs’ digital realms.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The …

Cardozo Aelj Author Interview Series: Matthew Goldman, Class Of 2022, Matthew Goldman

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Matthew Goldman discusses his Note, Fragmented Music Copyright Protection: A Better Arrangement, which was published in Volume 40, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 7, 2023. The original post can be accessed via the Archived Link button above.

To See Or Not To See: Color-Blind Casting And Its Role In The American Theatre Today, Michael Ecker

AELJ Blog

At best, the theatre has had questionable reputations with inclusivity and representation throughout its storied history. For one, despite its sophisticated form being well-established as early as the ancient Greeks, professional stages in England didn’t see their first actress until the early winter of 1660—with her eighth of December debut being the only “early” thing about it, coming over 2,000 years after public performance’s Mediterranean beginnings. Structural change then—despite often being invoked by the earliest thespians—was slow to materialize internally. Certainly in 2023, the theatre can look back proudly on the breadth of its progress—even still, though, perhaps not proudly …

A Brief Overview Of The Fair Use Analysis In The Fanfiction Context, Gabriella Fernandez

AELJ Blog

Fanfiction is a creative process where fans of an original work of fiction develop their own stories based on the characters in that original work. These stories are often shared on fanfiction websites, traditional publishing routes, or popular applications such Wattpad. Unfortunately, some authors of original works may have concerns about fanfiction. They may feel uneasy when fan-created stories gain popularity and recognition comparable to their own original works, as it involves fans benefitting financially or gaining fame from ideas that these fanfiction authors did not originally conceive of themselves. Consequently, authors sometimes resort to legal measures by filing copyright …

Oh Hot Damn, This Is How Flo Rida May Change Copyright Damages, Cameron Brody

AELJ Blog

In the Spring of 2008, Tramar Lacel Dillard and William James Adams Jr. were exceptionally confident in the success of their latest musical venture. Atop the single “In the Ayer,” they proclaimed, “Oh hot damn, this is my jam. Keep me partying to the AM." In doing so, however, Dillard and Adams, known professionally as artists Flo Rida and will.i.am, set in motion a legal dispute that will likely have a profound impact on the music industry, and copyright infringement litigation at large. In the upcoming case Warner Chappell Music, Inc. v. Nealy, the Supreme Court is set to address …

The Economics Of Medical Patents And The U.S. Government’S Role In Drug Price Negotiations, Eddie Halwani

AELJ Blog

The U.S. government’s recent but unusual push to negotiate drug prices has struck a chord with many Americans, with polls showing a significant, bipartisan majority favoring the action.This action presents an opportunity to appreciate medical patents’ role in spurring innovation forward. Amid changing policies, medical patents shape the accessibility and affordability of care through their impact on drug pricing. Drug prices in the United States are notably high—about 2.4 times those in other developed countries.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via …

Signs Of Life: The Current State Of Generative Content And Copyright Protection, Ryan Bickett

AELJ Blog

With the recent rise in Artificial Intelligence (“AI”) and its broadening use by the public, questions have arisen regarding the applicability of copyright law over both the content it sources and creates. While the answers remain unclear as this technology rapidly updates, there have been recent legal developments which will shape how we deal with this content.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via the Archived Link button above.

I Can’T Believe It’S Not Skittles! Broad Summary Of Advertising And Packaging Regulations For Cannabis Dispensaries In New York State, Lauren Woods

AELJ Blog

Newly passed legislation often represents the changing nature of public opinion and societal attitudes. In New York State, for example, the general public’s softening and more accepting view of marijuana consumption was highlighted when the state approved legal marijuana use in a medical setting in 2014. Seven years later, New York State passed the Marihuana Regulation & Taxation Act (“MTRA”) and officially legalized “the possession of adult-use recreational cannabis for all adults over the age twenty-one.” A highlight of the act is how it addresses how the current state of cannabis regulation in the state is suboptimal, and how its …

The Aftermath Of Murphy V. Ncaa: State And Congressional Reactions To Leaving Sports Gambling Regulation To The States, Ethan Mordekhai

AELJ Blog

In 2018, the Supreme Court ruled in Murphy v. NCAA that the Professional and Amateur Sports Protection Act of 1992 (“PAPSA”) violated the anti-commandeering rule and was therefore unconstitutional. PAPSA had effectively barred states from authorizing sports gambling. The act did not make sports gambling a federal crime, however it did allow professional sports organizations to bring civil actions to enjoin violations. Thus, after the New Jersey legislature authorized sports gambling in 2012, the NCAA brought a federal action to enjoin the law on the ground that it violated PAPSA. The case made its way to the Supreme Court, and …

What Happens When The Public Wants To Remove Public Art? The Second Circuit Weighs In On One Recent Vara Case, Paige Green

AELJ Blog

n 1990, the Visual Artists’ Rights Act (VARA) became a welcome addition to the federal Copyright Act of 1976. VARA was the first time the “moral rights” of an artist were federally protected in the United States. Moral rights are commonly understood to provide attribution to artists and protect the integrity of visual art pieces. Under VARA, this means authors have a right to claim authorship on pieces they create, prevent the use of their name on a work they did not create, and prohibit the destruction of works of “recognized statute” (both intentional and through gross negligence). The law …

Cardozo Aelj Author Interview Series: Seth Warshaw, Class Of 2023, Seth Warshaw

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Seth Warshaw discusses his Note, And a Second Opinion for All… And Anything Else? The Jack Eichel Saga and Issues of Medical Autonomy, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 10, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Interview Series: Professor Saurabh Vishnubhakat, Saurabh Vishnubhakat

AELJ Blog

In this interview, Cardozo Professor Saurabh Vishnubhakat discusses what he hopes to bring to Cardozo as the new Director of Intellectual Property and Information Law Program, his professional background, and what drew him to the field of intellectual property.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 22, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Scott Semaya, Class Of 2023, Scott Semaya

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Scott Semaya discusses his Note, Name, Image and Likeness: Giving College Athletes the Clearest Guidance to Best Profit off Their NIL, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on June 6, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Caitlin Muraca, Caitlin Muraca

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Caitlin Muraca discusses her Note, Combating False Election Information in a Section 230 Protected World: to Moderate or Not to Moderate, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 27, 2023. The original post can be accessed via the Archived Link button above.

Friend Or Foe – Ai’S Invasion Of The Legal Battlefield, Ksenia Khlystova-Gowda

AELJ Blog

A few decades ago, legal practitioners spent countless hours amidst towering piles of physical text, carefully drafting handwritten briefs for their clients. Since the late twentieth century, this old-fashioned practice has become modernized, beginning with the transition from typewriters to computers, the introduction of online legal research databases, and recently with the use of online court hearings during the COVID-19 pandemic Today, the legal profession is in the midst of its most recent technological booster, as artificial intelligence (“AI”) has become mainstream and begins its inevitable assimilation with the industry. However, AI technology presents different consequences and concerns due to …

Cardozo Aelj Author Interview Series: Raven Berzal, Raven Berzal

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Raven Berzal discusses her Note, Accelerating Toward the Inevitable: How Covid-19 Helped Alter Traditional Models of Talent Compensation in the Film Industry, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 17, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Then And Now Interview Series: Emily Faro, Cardozo Law Class Of 2021, Emily Faro

AELJ Blog

Emily Faro, Cardozo Law Class of 2021, is an Associate at Reed Smith. Emily’s practice focuses on entertainment and media, advertising, marketing, data privacy and security, and corporate transactions. Emily was a Staff Editor on Volume 38 of the Cardozo Arts & Entertainment Law Journal, and her Note, Entertainment Consolidation, Content Monopolies, and the Future of Information, was published in Volume 39, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Lauren Chamberlin, Lauren Chamberlin

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Lauren Chamberlin discusses her Note, Reconsidering a Private Right of Action Under VAWA: How the Media Portrays Violence Against Women and Its Effect on Commerce Clause Jurisprudence, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 07, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Cecily D’Amore, Cardozo Law Class Of 2022, Cecily D’Amore

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Cecily D’Amore discusses her Note, #FreeBritney: The Importance of Public Access to the Guardianship System, which was published in Volume 40, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.

The Uncertain Fate Of Section 230, Alissa Donovan

AELJ Blog

At a time when the internet’s potential was almost entirely unknown, members of Congress set forth to protect the diverse discourse, cultural development, and intellectual progression that the internet promised to offer. Congress boasted that the internet and other interactive computer services “flourished” under the realm of minimal governmental regulation. Therefore, in an effort to protect the continued development of the internet and other interactive computer services—and with them, the furtherance of intellectual progression—Congress enacted 47 U.S.C. §230 (“Section 230”). Section 230 was, in part, a response to the interpretation of the Communications Decency Act (“CDA”), which was proposed to …

What Case Law Suggests About Legislative Attitudes Towards Drag Performance, Zach Cihlar

AELJ Blog

The so-called “culture war” has conservative politicians setting their eyes on a familiar target in recent months: the LGBTQ+ community. A slew of bills in conservative-leaning states have sought to legally restrict or altogether prohibit drag show performances in public spaces. Since the late nineteenth century, drag has existed as a performative art form consisting of gender-bending, traditionally in the form of male performers dressing as women. As the art form has emerged from its tradition as a subversive art of female impersonation, its commercialization has created a form of modern drag that is more about queer and gender non-conforming …

Cardozo Aelj’S Spring 2023 Symposium Provides Overview Of The Current State And Future Of Nils In College Athletics, Cardozo Arts & Entertainment Law Journal

AELJ Blog

Thank you to everyone who attended and participated in the Cardozo Arts & Entertainment Law Journal’s spring symposium. “Name, Image, and Likeness: The Evolution College Athletics” was a huge success!

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 14, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Then And Now Interview Series: Marc H. Simon, Cardozo Law Class Of 2001, Marc H. Simon

AELJ Blog

Marc H. Simon, Cardozo Law Class of 2001, is a Partner at Fox Rothschild who serves as the Chair of the firm’s Entertainment & Sports Law Department. During law school, Marc was a member of the Cardozo Arts & Entertainment Law Journal, and his Note was published in Volume 19.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 13, 2023. The original post can be accessed via the Archived Link button above.

The Legal Implications Of Ai Generated Artwork, Annie Planker

AELJ Blog

Recently, artificial intelligence (AI) artwork has gained tremendous attention in the art world and beyond. Though digitally generated AI art platforms have been available to creators for decades, recent programs have made it possible “to create complex, abstract or photorealistic works simply by typing a few words into a text box.” Because of these new advancements, AI art has widely varied in both form and function: from self-portrait TikTok trends to high end galleries and art competitions.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 8, 2023. The original post can be …

The Rise Of Virtual Talent, Frances Bandas

AELJ Blog

As web3 and the metaverse expand, casting horizons have broadened to allow virtual talent to participate in the fashion and entertainment industries. The use of digital avatars in the fashion industry, for one, is reported to be “all the rage.” A case in point: the fashion industry ushered in its first Metaverse Fashion Week (“MVFW”) in March of last year. Tommy Hilfiger, Etro, Selfridges, Dolce & Gabbana, Guo Pei, and Paco Rabanne, among other brands, participated in the launch. The second annual MVFW is scheduled to return in March of this year, promising events that include runway shows, exclusive wearable …

Ticketmaster And Live Nation Know Antitrust Laws All Too Well, Olivia Nacionales

AELJ Blog

Almost anyone who has been to a concert, sports match, or any type of live event in recent years has likely had to deal with Ticketmaster, which commands a large majority of the ticketing industry. In November 2022, Ticketmaster faced public scrutiny after its website crashed during the pre-sale for Taylor Swift’s Eras tour. Frustrated fans logged off empty handed after hours of waiting and enduring the website’s glitches and eventual crash. Fans that did secure tickets were required to pay various fees, which Ticketmaster notoriously uses to drive up prices and “extract more money from consumers.” The Chairman of …

Brandel Chamblee And The Golf Channel Are Accused Of Defamation In Patrick Reed’S Lawsuit, Alexandria Ciadrullo

AELJ Blog

"The golf world is once again experiencing drama as Patrick Reed recently filed a defamation suit against the Golf Channel and Brandel Chamblee, seeking over $750 million in damages. Reed claims he has been a target of criticism since he was twenty-three years old, with allegations of cheating following him throughout his career due to Chamblee’s commentary. According to Reed, the Golf Channel, and Chamblee have conspired against him to destroy his reputation, discredit his accomplishments, and create a hostile work environment.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 1, 2023. …

Cardozo Aelj Releases Special Issue Of Volume 41, Managing Editor

AELJ Blog

The Cardozo Arts & Entertainment Law Journal is thrilled to announce the publication of a Special Issue of Volume 41 highlighting last April’s symposium: “The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics.” This issue includes both transcripts of the symposium, in addition to several Articles addressing related issues.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 28, 2023. The original post can be accessed via the Archived Link button above.