Law Commons^™

How Mlb Teams Can Protect Themselves From Cheaters, Evan Friedman

AELJ Blog

On Saturday, October 13, 2018, a man claiming to be a Houston Astros employee was removed from an area near the Boston Red Sox dugout during the American League (AL) Championship Series opener at Fenway Park. According to a Metro report, “the man had a small camera and was texting frequently, but did not have a media credential.”

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 27, 2018. The original post can be accessed via the Archived Link button above.

The Devil’S In The Details: The Merits Of The Satanic Temple’S Copyright And Trademark Lawsuit Against Netflix And Warner Bros., Akinyele Jordan

AELJ Blog

Sabrina Spellman is a teenage (half-)witch who was originally envisioned to make a one-shot appearance in the Archie Comics universe, but became so popular that she has starred in several of her own titles. She is best known as the protagonist of the sitcom Sabrina The Teenage Witch, which first aired on ABC in 1996.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 25, 2018. The original post can be accessed via the Archived Link button above.

Result Orientation Test For An Abstract Idea: Demise Of The Means-Plus-Function Claim?, Jun Lin

AELJ Blog

Patent is an important legal tool for inventors to protect their interests in their inventions. But what kind of inventions exactly? Statutorily, an eligible invention needs to be a “process, machine, manufacture, or composition of matter.” However, not every subject-matter that facially falls under one of the four categories may receive patent protection. Indeed, the Supreme Court has carved out exceptions to patentability: Laws of nature, natural phenomena, and abstract ideas are unpatentable. Among them, abstract ideas are the most difficult to define. As a result, the abstract idea exception generates the greatest legal uncertainty.

This post was originally published …

Gen Z: The (Illegal?) Target Audience For Digital Advertising, Gina Gazivoda

AELJ Blog

The social media pop culture marvel is an explosion of interconnectedness through numerous virtual platforms, exploited by billions of users. Recent studies show that roughly two-thirds of American adults are Facebook users and three-quarters of American adults YouTube users. The percentages skyrocket for younger Americans ages 18-24, and includes several other platforms such as Snapchat, Instagram, and Twitter, to name a few of the bighitters. While Facebook and YouTube remain the top players, 78% of 18-24 year-olds use Snapchat, 71% use Instagram, and close to 45% use Twitter. With the expansion of social media to users of all ages,—e.g., Facebook …

The Final Rule (For Now) On Archival Efforts For Old Online Games, Joshua Hall

AELJ Blog

Every three years the United States Copyright Office holds a triennial rule-making proceeding where it hears from stakeholder groups so that it can make recommendations for the Librarian of Congress. The Librarian then reviews, renews, and implements new exemptions to 17 U.S.C. § 1201. 17 U.S.C. § 1201 forbids the circumvention of technological measures which are used to prevent unauthorized access to copyrighted works. These exemptions take many different forms and have many different goals. Some are focused on issues like allowing disabled users to implement assistive software in E-books, while others are focused on issues like allowing consumers to …

Help Wanted: What Do Netflix’S Talent Acquisition Practices Mean For The Future Of Fixed-Term Employment Contracts?, Abigail Vapnyar

AELJ Blog

When it comes to succeeding in the entertainment and technology industries, “the talent” employed by a company can be just as critical as market share or customers. A 2017 study, which focuses on internal and external employee transitions in the tech industry, draws attention to the fact that the shifting of employees between companies plays a vital role in staying ahead of the competition. According to the study, Netflix is particularly invested in creating a top-notch workforce, spending ten times more on acquiring new talent than any other corporation in the study. While Netflix’s determination to build the best team …

Who Has The Last Laugh? Comedians’ Free Speech Rights Under The First Amendment., Brett Gossett

AELJ Blog

Comedians represent an important part of public discourse in American society. They are able to toe the line between controversial, comedy, and the truth. But when a perceived threat is involved, this line becomes harder to find and even harder to defend under the First Amendment.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 21, 2018. The original post can be accessed via the Archived Link button above.

9th Circuit Orders Retrial Over “Stairway To Heaven” Copyright Infringement Case, Jordan Davis

AELJ Blog

A three-judge panel on the 9th Circuit unanimously overturned the district court’s 2016 decision in the “Stairway to Heaven” copyright infringement case. The case involved two songs: Led Zeppelin’s “Stairway to Heaven” and Spirit’s “Taurus.” The jury found that the opening guitar melody of “Stairway” was not “extrinsically similar” to a portion of the instrumental-song “Spirit.” However, for reasons discussed below, the case was remanded for a new trial.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 14, 2018. The original post can be accessed via the Archived Link button above.

“Mama” Was Needed To Get Moma Off “Macha[’S]” Back… But Is It A Sufficient Fix To Avoid Consumer Confusion?, Simone Dvoskin

AELJ Blog

On September 28, 2018, nearly six months after the Museum of Modern Art (“MoMA”) filed a lawsuit against art gallery-tea establishment MoMaCha, a District Court judge granted MoMA a temporary injunction enjoining MoMaCha from “using, displaying, or promoting the MOMA or MOMACHA marks, and the https://momacha.com domain name,” during the pendency of the lawsuit.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 12, 2018. The original post can be accessed via the Archived Link button above.

Is The First Amendment In Danger On College Campuses?, Stephen Samolsky

AELJ Blog

On September 26, 2018, the United States House of Representatives held a debate to discuss policies that may inhibit free speech in colleges across the country. A variety of free speech advocates were invited by Congress to join the conversation, and each presented a unique perspective. The hearing was a response to university policies that aim to combat hate speech, but which may actually be First Amendment violations. Hate speech is speech that attacks an individual or group based on a protected characteristic, such as race, religion, or sexual identity. This definition paints a clear picture of why hate speech …

Privacy And The New Age Of Technology, Odelia Nikfar

AELJ Blog

This past June, the Supreme Court decided the case Carpenter v. United States, which some may call one of the most influential and important opinions of our time. This case calls into question the government’s access to information provided by a device that is most probably within one foot of you right now. That’s right – your cell phone. The issue presented in this case is whether the Government conducts a search under the Fourth Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements.

This post was originally published on the …

Censorship In The Eu? New Copyright Reform Raises Concerns Among Citizens., Shannon Collins

AELJ Blog

On Wednesday, September 12, 2018 the European Parliament voted in favor of a new copyright directive. This vote occurred two years after the European Commission put forth their proposal in 2016. There has been tremendous controversy over this reform that resulted in the issue going viral on social media. It even sparked its own website and organization promoting awareness of the changes and encouraging citizens to write to their MEPs expressing their opposition.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 29, 2018. The original post can be accessed via the Archived …

Does Missouri’S Video Service Providers Act Apply To Streaming Services? Netflix Argues No., Kayla Epstein

AELJ Blog

In August of this year the City of Creve Coeur, the named party in a class action, filed an action against the video streaming services Netflix and Hulu for failing to comply with the Video Services Providers Act, which was enacted by the state of Missouri in 2007. The Act enables a “franchise entity,” such as a town, to collect a fee from video service providers that were previously authorized by the public commission. The plaintiffs in this suit are at minimum 40 Missouri municipalities. This month Netflix responded with a motion to dismiss for failure to state a claim. …

Dish Vs. Univision: Is Parol Evidence Rule In The Game?, Mariya Dekhtyar

AELJ Blog

Dish Network has taken Univision, a broadcast television network, to court over Univision’s Facebook streaming of the Liga MX soccer games. In simplistic form, the issue before the District Court in the Southern District of New York, was whether a difference in the telecast language makes the same soccer match into two different telecasts. Univision streamed soccer matches in English on Facebook, and Dish Network provided the same games in Spanish on television. Univision asserts that this is not a problem because the agreement between the two companies was limited to Spanish games. Therefore, in Univision’s view, it is free …

Daca And John Lennon, A Dreamer, Josh Wildes

AELJ Blog

Music legend John Lennon, former Beatles star, once sung the words “you may say I’m a dreamer, but I’m not the only one.” These words, which make up the chorus for one of his most famous songs, Imagine, have a unique significance today, as the future of hundreds of thousands of “Dreamers” seems uncertain. As the immigration debate continues to unfold and the prospect of a solution seems ambiguous at best, it’s important to look to the past and the history of who these Dreamer truly are.

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

First Round Note Publication Announcement, Cardozo Arts & Entertainment Law Journal

AELJ Blog

It is our distinct pleasure to announce that the following students’ Notes have been selected for publication in Volume 37 of the Cardozo Arts and Entertainment Law Journal: Sahara F. Farzaneh, Peter Z. Polack, Julia Spivak, and Jaclyn Wishnia.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 23, 2018. The original post can be accessed via the Archived Link button above.

Where Will We Draw The Line?, Allyson Weinberg

AELJ Blog

How far as a society are we willing to go to accept wrongdoings of public figures when we believe in the policies they promote? Are we really willing to separate personal decisions from professional ones? Are they truly not one in the same?

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on January 17, 2018. The original post can be accessed via the Archived Link button above.

Matal V. Tam Revisited, Eliza Sayedy

AELJ Blog

The Supreme Court’s ruling this past summer in Matal v. Tam was more than just a decision on the titles that could be used when registering one’s mark, it was also a vindication to those whom slurs have been used against; an opportunity to reclaim the word and change its meaning or at the very least, attach new feelings to it. This was the noble goal underlying lead singer, Simon Tam, of the rock group, “The Slants” action about a decade ago. Tam recalls that growing up “the notion of having slanted eyes was always considered a negative thing…and kids …

Health Monitoring Devices, Privacy, And Employee Rights, Albert Roh

AELJ Blog

With the world becoming more technologically advanced, we are finding ourselves producing and collecting data in all aspects of our lives. Although much of this data is collected for beneficial reasons, it comes with a trade off of privacy. Whether it is the tracking of GPS locations, web search history, or device usage, another party can view the data collected for different purposes. The latest trend in data collection is in the health technology sector and it is growing exponentially.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on January 17, 2018. The original …