Law Commons^™

Movie, London Fields, Entangled In Another Lawsuit, Nicole Margulis

AELJ Blog

Producers of London Fields are suing actress Amber Heard for $10 million, as the most recent complaint in the string of lawsuits regarding the film. Nicola Six Limited and producers, Chris Hanley and Jordan Gertner, are alleging Heard to have breached contractual obligations. This is the latest action over London Fields, which is based on Martin Amis’ murder mystery novel. This film was set to be shown at the 2015 Toronto International Film Festival. However, it was pulled from premiering when director Mathew Cullen filed a lawsuit against the producers in September 2015.

This post was originally published on the …

Is China The Next Bollywood?, Ben Gleitman

AELJ Blog

For those English language lovers, the word “synecdoche” (pronounced si-NEK-də-kee) is a figure of speech in which a word is used to represent the whole of something else. Thus, the city of Hollywood, California represents, figuratively, the whole of the film industry. For the Indian film industry, there is the cleverly devised “Bollywood,” an obvious play on the California city, with the B for Bombay in lieu of the H in Hollywood. Now that China looks to expand its already burgeoning film industry, perhaps the next figure of speech in the movie world will be Sinewood (pronounced SEE-nay-wood) from the …

Protecting Fashion: A Comparative Analysis Of Fashion Design Protection In The United States And Europe, Francesca Montalvo Witzburg

AELJ Blog

In the year 2015 alone, the United States fashion industry generated over $343 billion in revenue. Fashion is not just a business—it is also a respected art form in the United States. Despite the economic and artistic significance of fashion, the tailoring and structural aspects of a fashion article are generally not protectable under U.S. copyright law. However, certain patterns exhibited on a fashion article such as an original pattern on a skirt or a screen print of an artist’s painting on a t-shirt may be copyrightable. In contrast, Europe has several legal mechanisms for protecting fashion designs and articles …

Lost In Wonderland: How Courts And The Uspto Continue To Struggle With Defining Patentable Subject Matter In A Post-Alice World, Ryan Thorne

AELJ Blog

In the last few years US patentability standards have remained unclear, and in some cases, become even more confusing. With the November election looming, a lame duck session following, and the signing of the TPP a few months prior, now is the time to act and resolve this uncertainty. With such an uncertain market, patent applicants and holders alike are left with lack of motivation to invent, and fear for the protection of their inventions, which they spent so much time and money to invent and protect.

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

The History Of Fcc Exclusivity Rules, Stuart Anello

AELJ Blog

In light of a recent FCC proposal to abrogate the exclusivity rules which prevent a cable provider from reproducing a program where a broadcaster has obtained exclusive rights, this post will discuss the history and justification of these rules.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 23, 2016. The original post can be accessed via the Archived Link button above.

Influencers Are Invading Kids’ Apps, Jessica Honan

AELJ Blog

Lord and Taylor, Warner Brothers, and L’Oreal all have something in common. Each of these companies have employed “social media influencers” to advertise their products and brands to consumers on social media. Social media influencers (“influencers”) tend to be described as 20 somethings that have garnered thousands of followers. Companies such as Lord & Taylor will pay these influencers thousands of dollars for them to snap pictures of their products and upload them on their different social media platforms. The goal of social media influencing is to reach young consumers that live and breath through their social media.

This post …

Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici curiae are 14 professors of law who have devoted much of their teaching and research to the area of state taxes and the role of state tax policy in our federal system. The names and affiliations (for identification purposes only) of amici are included in an addendum to this brief. The amici are concerned with the effect of this Court’s dormant Commerce Clause jurisprudence on the development of fair and efficient state tax systems. No decision of this Court has had more effect on state sales and use tax systems than Quill Corporation v. North Dakota. We believe …

Will The Real Miss America Please Stand Up? Copyright Considerations In Recent Comics News, Maricela Gonzalez

AELJ Blog

Diversity in comics is always important but currently it is a hot topic in the comic book industry and broader pop culture fandom discourse. In the vein of a modern legacy of reintroducing characters of color in their own titles, Marvel, which is along with DC one of two major comic book publishers and entertainment media companies, announced the latest solo comic featuring a character of color. Marvel announced that dimension-hopping Latina superhero, Miss America Chavez, created by Joe Casey and Nick Dragotta, will star in her own comic in 2017. America continued to gain popularity following Kieron Gillen and …

Boycotting The Super Bowl: Nflpa’S Opportunity To Right Contractual Wrongs And Obtain Bargaining Power, Matthew Lobello

AELJ Blog

Football is by far America’s most popular sport. The National Football League’s (“NFL”) revenue is projected to be $13.3 billion in the 2016 season, and has grown by nearly 50% since 2010. This is more than any of their competing sports leagues. As of July 1, 2016, Major League Baseball (“MLB”) grosses the second highest revue total at $9.5 billion, followed by the National Basketball Association (“NBA”) at $4.8 billion, and the National Hockey League (“NHL”) at $3.7 billion.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 1, 2016. The original post …

Video Game Studios: Be Mindful Of What You Say At E3, Vida Djaghouri

AELJ Blog

No Man’s Sky is an action-adventure survival video game in which a player is free to explore an uncharted universe comprised of 18 quintillion planets, nearly each one unique with procedurally generated terrain, flora, and fauna. The game, published by Hello Games (HG) and distributed by Sony Interactive Entertainment America (SIEA), has been widely reviewed since its release in August, receiving such praises as “magnificent,” “unprecedented,” “incredible,” and “an experience unlike anything a game has ever delivered, or one that we’re ever likely to see again.” With such rave reviews, it may be surprising to learn that within weeks of …

Free Speech Implications Of Apple’S Patent For Infrared Tech That Can Remotely Disable Video And Photo Recording, David Forrest

AELJ Blog

Apple is accustomed to being a controversial pioneer in the tech world. Yet, a patent it was recently awarded is garnering more than the usual interest, and not for positive reasons. The patent entitled “[s]ystems and methods for receiving infrared data with a camera designed to detect images based on visible light,” essentially discloses a method for a smartphone’s camera to receive data over infrared waves that could alter the functionality of an iPhone. The patent drawing sheets suggest that the technology be used to disable photography and video capture at live concerts and theater events. A theater or concert …

The Nba Can Take A Play Out Of The Nfl’S Disciplinary Policy, Joel Krooks

AELJ Blog

Derrick Rose was recently sued in federal civil court because he and two friends allegedly gang-raped a woman. A federal civil trial was held in California in which Jane Doe is suing Rose and his friends for sexual battery. The trial for the August 2013 incident was held October 14, just before the start of the NBA season.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 22, 2016. The original post can be accessed via the Archived Link button above.

Making Music Accessible: Closed Captions In Light Of California Court Ruling On The Duties Of Film Studios, Arielle Vishny

AELJ Blog

Is it unreasonable for deaf moviegoers to expect that song lyrics might be included in film captions and subtitles? On Wednesday, September 28, 2016, a California District court found that it was, when it granted summary judgment to a group of movie studios named in a class action lawsuit filed by the Alexander Graham Bell Association (“the Association”) for the Deaf and Hard of Hearing. The Association filed the claim on the grounds that the studios’ distribution of their works with less-than-complete captions amounted to false advertising and a civil rights violation against the hard of hearing. The court found …

Scotus To Determine If “The Slants” Is Offensive To Asians, Brittany Waserstein

AELJ Blog

On September 29, 2016, the U.S. Supreme Court decided to revisit a controversial issue surrounding the federal government’s ban on offensive trademarks, specifically whether this ban violates free speech under the First Amendment of the United States Constitution. The Federal Circuit ruled on December 22, 2015 that the seventy-year old disparagement clause of the Lanham Act (quoted below) was in fact unconstitutional since the First Amendment forbids the government from banning offensive speech. At issue here is the desire for an Asian-American Rock Band from Portland, Oregon to trademark the name of their band, THE SLANTS, for “Entertainment in the …

Second Circuit Halts Appeal Against World Wrestling Entertainment, Inc., Justin Drazin

AELJ Blog

On Friday, September 23, 2016, the Second Circuit denied an appeal by former World Wrestling Entertainment, Inc. (WWE) wrestler, William Albert Haynes III (professionally known as Billy Jack) alleging that the corporation intentionally hid the risks of traumatic brain injuries associated with their entertainment offering. The WWE fought the claims, asserting that Haynes’ suit did not meet the proper jurisdiction requirements to move to the appeals court because the district court in Connecticut had not yet certified its ruling as final. The Court reasoned that the claim could not move forward while Mr. Haynes and other wrestlers were still in …

The Design Debate: Star Athletica Llc V. Varsity Brands Inc., Kurt Sohn

AELJ Blog

Fashion Designers have long been at odds with U.S. Lawmakers in regards to the protections given to their designs. This tension is rising to a head now that a writ for certiorari has been granted in part in the matter of Star Athletica LLC v. Varsity Brands Inc., whose Sixth Circuit decision seemingly opposes past decisions related to United States Copyright Law.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 11, 2016. The original post can be accessed via the Archived Link button above.

Recent Developments In Art Law, Madeline Kessler

AELJ Blog

From suits brought by celebrities and prison guards to successes by the government, there have been many high-profile developments in art law over the past few months. Below are short summaries of some of the most intriguing cases.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 4, 2016. The original post can be accessed via the Archived Link button above.

An Argument Against Civil Marriage, J. David Bleich

Articles

No abstract provided.

Police Use Unconscious Driver And Passenger As Anti-Drug Advertisement, Leigh Solomon

AELJ Blog

On Thursday, September 8th, 2016 Ohio police officers posted photographs of a couple and their son on Facebook. The pictures display a woman and man, unconscious in the front seats of their vehicle, and a four-year-old child awake in the back seat. The city police took these pictures after conducting a traffic stop on September 7th; they had noticed the couple’s car weaving between traffic lanes, and upon stopping the car, noticed “the man’s head ‘bobbing back and forth his speech was almost unintelligible.’” James Acord, the driver of the vehicle, informed officers that he was taking the passed out …

Colin Kaepernick Is Being Un-Patriotic And We Should Be Thankful For It, Sam Martin

AELJ Blog

Colin Kaepernick, back-up quarterback for the San Francisco 49ers, most likely knew that he would not face legal consequences when he decided to indefinitely sit (or kneel) during each pregame performance of the national anthem. Kaepernick also knew that it was a risk that could jeopardize the future of his career. The First Amendment prevents our government from punishing individuals based on their speech, but employers are not bound by this same restriction. When reporters asked Kaepernick if he would be cut from his team as a result of his decision, Kaepernick answered, “If I do, I know I did …

Where Have All The Ip Firms Gone?, Elana Minkoff

AELJ Blog

In following with the recent trend, earlier this week yet another one of the previously prominent Intellectual Property Boutiques, Kenyon & Kenyon moved its practice and joined Andrews Kurth, a full-service Texas based firm.[i] As a current law student hoping to practice IP law after graduation this trend is something I have been monitoring closely.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 6, 2016. The original post can be accessed via the Archived Link button above.

Examining H.R. 2304, The "Speak Free Act", Alexander A. Reinert

Testimony

The U.S. House Judiciary Subcommittee on the Constitution and Civil Justice issued the following testimony by Alexander A. Reinert, professor at the Benjamin N. Cardozo School of Law, involving a hearing on June 22, 2016, entitled "H.R. 2304, the SPEAK FREE Act of 2015."

Not Happy Together: The Turtles’ Epic Quest For Performance Royalties & The Case For Federalizing Pre-1972 Sound Recordings, Tatsuya Adachi

AELJ Blog

Flo & Eddie—performers of the Turtles’ hit record “Happy Together”—have recently been engaging in a successful spree of $100 million class action lawsuits against digital broadcaster Sirius XM. With cases in New York, California, and Florida federal courts, the basis for these suits is Sirius XM’s underpayment of royalties and unlicensed public performances of pre-1972 sound recordings. The significance of the year 1972 is that sound recordings were first accorded federal copyright protection that year, but on an exclusively prospective basis. Sirius XM does not dispute the fact that it does not currently pay rights holders for these vintage recordings. …

We Are All Publicists Now, Michael Herz

Online Publications

RegBlog’s founding in 2011 was an ambitious, creative, and prescient undertaking. It was also very much a sign of the times, reflecting the increasing comfort with—and saturation by—social media throughout society.

Regulating Crypto-Currencies, Sumit Agarwal

AELJ Blog

Powerball fever recently struck the nation. An estimated $1.5 billion jackpot had everyone talking. Hoping. Dreaming. With a single Powerball ticket cost at $2, one can imagine saving each and every dollar in order to purchase a ticket at a chance to win the big prize. What was new this time around? Individuals were able to purchase Powerball tickets with bitcoin. JackPocket, a mobile lottery ticket application, “integrated bitcoin payments into its offering…allow[ing] users to buy Powerball tickets.” JackPocket CEO Peter Sullivan believed that this move would “attract more affluent and tech-savvy consumers to buy more lottery tickets.”

This post …

Fanduel And Draftkings: How We Got Here And What’S To Come, Alexander Mandel

AELJ Blog

From the moment that FanDuel and DraftKings received the cease-and-desist notice from Attorney General Eric Schneiderman on November 10, 2015,[i] both sides have constantly gone back and forth in the courts to determine the legality of daily fantasy sports. The order insisted that both companies cease operations in the entire state of New York and refuse to accept payments from any citizens from the state. According to Schneiderman, daily fantasy games constitute as gambling, subject to criminal penalties, despite the ambiguous language in the Internet Gaming Prohibition Act (“IGPA”).[ii]

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

Traditional Fantasy Sports V. Dfs, And Why The Former Is Escaping Scrutiny, Michael Kar

AELJ Blog

On November 10, 2015, New York Attorney General Eric Schneiderman (pictured) ordered daily fantasy sports (DFS) sites like FanDuel and DraftKings to immediately cease New York operations on the grounds that their businesses constitute illegal gambling. The general public, as well as the companies themselves, believed DFS to be an entirely legal form of fantasy sports wagering. Although discourse has arisen about the legality of DFS, traditional fantasy sports seem to have escaped scrutiny by both Schneiderman and the general public.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 26, 2016. The …

Update On The “Monkey Selfie”, Arian Jabbary

AELJ Blog

The iconic selfie has become synonymous with today’s generation of pop culture. From teens to moms—even teen moms—selfies have penetrated our society as the go-to method for documenting nearly everything with our pretty faces front and center. That’s why in 2011, when a playful monkey grabbed a photographer’s camera and snapped a selfie, it came as no surprise that the selfies’ next logical frontier was out into the animal kingdom. Who better to adopt the shameless form of photographic narcissism than our evolutionary relatives? The corresponding legal issue to follow, however, is whether copyright ownership and its subsequent protection would …

The Crispr-Cas9 Patent Dispute, Katie Thalen

AELJ Blog

The stage has officially been set for one of the largest biotech patent disputes to date. The stakes are high in this clash between scientific powerhouses: a potential Nobel Prize, the patent rights to a breakthrough gene-editing process, and (of course) a lot of money for the research institution involved.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 26, 2016. The original post can be accessed via the Archived Link button above.

Google’S Driverless Cars And The Future Of Human Driving, Elina Rakhlin

AELJ Blog

Self-driving cars have been an appealing futuristic goal since before KITT on Knight Rider. The United States Department of Defense created the Defense Advanced Research Projects Agency (DARPA) to promote the development of self-driving cars. Congress has allowed DARPA to host a grand challenge competition and award cash prizes for autonomous vehicles that could drive a 150-mile route through the Mojave Desert. Sebastian Thrun, former director of the Stanford Artificial Intelligence Laboratory and co-inventor of Google Street View, developed the robotic vehicle with his team in Stanford that won the 2005 DARPA Grand Challenge. Thrun formerly led the Google X …