Law Commons^™

Travis Scott: Is He Responsible For A Disaster “Butterfly Effect”?, Eliane Aini

AELJ Blog

On November 5, a tragedy occurred at a Travis Scott concert in Houston. Due to a crowd surge during Astroworld, a concert founded and held annually by Travis Scott, at least nine people died, resulting in one of the deadliest concert incidents in years. In response, many are wondering what went wrong and who, if anyone, is responsible.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 24, 2021. The original post can be accessed via the Archived Link button above.

What Is The Value Of Art? Mschf Creating Value By Destruction, Kelsey Clifford

AELJ Blog

What is the value of art? Is it how it looks? Is it the artist who created it? Or is it how much it will appreciate in the future? MSCHF (pronounced “mischief”), the Brooklyn-based art collector, is challenging the “capital-A Art” world’s focus on authenticity instead of aesthetics. How? By “simultaneously spit[ting] in the art world’s face” while doing “what they’re trying to do – which is use art as an investment vehicle – but better.”

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 24, 2021. The original post can be accessed …

Tom Brady Just Threw His 600th Touchdown Pass: What’S The Catch?, Courtney Leon

AELJ Blog

While the theory of economics can be studied in its raw form, there are applications of it that prevail beyond the fundamental notion of “economics.” A principal theory in economic models is that firms maximize profits in competitive markets. Similarly, in the sports world, such maximization may be accomplished through a coach maximizing his team’s probability of winning through sports trades. “A trade in sports is most commonly an exchange of ‘goods’ between two teams.” An example of a trade in sports is during the NFL Draft, where it is typical for teams to conduct trades with one another in …

The Hypocrisy Of Facebook: Facebook’S Failure To Comply With Their Own Proposal, Caitlin Muraca

AELJ Blog

Section 230 of the Communications Decency Act (“CDA”) immunizes social media platforms, like Facebook, from liability of third party content. In other words, Facebook can’t be held liable for defamatory or offensive content posted by its users. In many ways, this is dangerous to the public, as Facebook has been accused of directly contributing to the January 6, 2021 Capitol riot by relaxing its security safeguards too soon after the 2020 presidential election. Evidence indicates that “numerous Facebook groups and accounts, public and private, were used to help organize the protest.”

This post was originally published on the Cardozo Arts …

New Jersey Becomes The First State To Eclipse $1 Billion Sports Betting Monthly Handle: What Does That Mean For The Rest Of The Country?, Scott Semaya

AELJ Blog

It was only slightly more than three years ago, in May of 2018, that New Jersey successfully challenged the Professional Amateur Sports Protection Act (PASPA) in the Supreme Court, thus paving the way for all 50 states to legalize sports gambling. Now, in September 2021, New Jersey has become the first state to eclipse $1 billion in monthly handle, which is the total amount of money in wagers accepted and is perhaps the best indicator of success in the gambling industry. With this milestone in the rearview mirror, and with sports gambling growing at an exponential rate, it is useful …

Peloton Is Climbing The Music Streaming Service Leaderboard After 2020 Settlement With Nmpa, Seth Warshaw

AELJ Blog

In a 2019 statement, Peloton’s co-founders stated their desire to have the company serve as “a discovery resource for new artists and songs while also providing the opportunity for [their] Members to re-discover music they love.” However, this statement came at a time when many artists and publishers weren’t feeling the love back. In April 2018, the National Music Publishers Association (NMPA) sent Peloton a cease and desist letter in response to Peloton’s alleged use of particular songs without adequate licensing. At issue was Peloton’s alleged failure to obtain “sync” licenses, which are required when “music is synchronized with [a] …

Don’T “Just Do It”: Upscaling And Trademark Infringement, Pearl Hertz

AELJ Blog

On March 29, 2021, the famous rapper, Montero Lamar Hill, more commonly known as Lil Nas X, released a highly anticipated limited-edition sneaker collaboration with the Brooklyn-based company, MSCHF Product Studio Inc. (“MSCHF”). Coming in at $1,018 a pair, the “Satan Shoe,” as it was called, was a modified red and black Nike Air Max 97 sneaker “featur[ing] a pentagram pendant, a drop of human blood in the sole of the shoe and ‘Luke 10:18’ written on the midsole.” While it was clear that the sneaker had been altered, the well-recognized Swoosh symbol associated with Nike, Inc. (“Nike”) was prominently …

The Next Step For Players At Academic Institutions: Employees Status And Collective Bargaining, Daniel Wachenfeld

AELJ Blog

Players at academic institutions have found themselves on a winning streak lately. The flurry of athlete-friendly developments in the world of college athletics dates back to September 30, 2019, when the California Legislature passed a bill prohibiting schools from punishing athletes who accept endorsement money while in college. The National Collegiate Athletic Association (NCAA) labeled this legislation an existential threat to college athletics when it was introduced months earlier. Not long after, Florida passed its own law allowing college athletes to profit off of their name, image, and likeness (NIL). On June 21, 2021, the Supreme Court weighed in on …

The Blockchain Easement: Benefits And Drawbacks Of Blockchain Technology In Real Estate, Alexander Aufrichtig

AELJ Blog

Ask around and many will say that blockchain technology is the greatest thing since sliced bread. Simply put, blockchain technology is a “shared, immutable ledger that facilitates the process of recording transactions and tracking assets in a business network.” Blockchain technology has sprouted the creation of cryptocurrency and is being considered, if not already implemented, across a multitude of industries. The real estate industry is one of the many industries that has turned its attention toward blockchain technology. The main discussion here is how blockchain, within the real estate industry, presents a vast array of potential benefits with a number …

Regulation Of Loot Box Mechanics, Mamoon Saleemi

AELJ Blog

There has been debate among legal scholars as to whether loot boxes can be considered a form of gambling and whether they should or how they should be regulated. Loot boxes are virtual items users can purchase within video games for real money. These “boxes” contain random items which can range from cosmetic items that alter the appearance of characters in the game, to new weapons and tools or even access to new characters. In 2017 loot boxes brought in a record 30 billion dollars worldwide. It is projected that loot boxes will bring in 50 billion dollars in 2022. …

Climate Attribution Science: A Likely “No” Under Alice, Corey Tam

AELJ Blog

“Nature is my ultimate inspiration . . . I have always been drawn to nature.” Those were the words of Andres Amador, a current San Francisco-based artist known for his large-scale works on sandy beaches. He represents the assemblage of artists who have used nature as creative inspiration. However, the current anthropogenic increase in global temperatures, i.e., “climate change,” threatens the natural systems that inspire artists like Andres. Climate change, in turn, threatens artistic creations, both existing and future ones.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 20, 2021. The original …

Nye Vs. Disney: Applying Legacy Profit Participation Contracts To The Digital Age, Raven Berzal

AELJ Blog

Many television shows that have concluded and/or gone off the air have found second lives via streaming services. “Friends” and “Sex & the City,” which both aired their last episodes in 2004, are available on HBO Max. “Seinfeld,” which concluded in 1998, is available on Netflix, and “The Office (U.S.),” which ended in 2013, is available on Peacock. However, as the public enjoys consuming older content on demand, both companies and talent are wrestling with how to interpret older contracts that did not contemplate, or expressly provide for, distribution of content on digital platforms that did not exist at the …

Olivia Rodrigo Retroactively Adding Songwriters: A Result Of Bad Copyright Law?, Albert Aini

AELJ Blog

Olivia Rodrigo and her co-writer, Daniel Nigro, have retroactively given songwriting credits to artists they assert inspired parts of, or the essence of, their hit songs ‘good 4 u’ and ‘deja vu.’ The process of giving retroactive songwriting credit, in addition to a portion of royalties, has gained popularity over recent years. This may be a response to the rise of music copyright infringement lawsuits songwriters are facing, but it disincentives creativity, a main purpose of copyright law.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 27, 2021. The original post can …

Always Online Drm And Video Games, Olivia Yoon

AELJ Blog

Digital rights management, or DRM, allows copyright holders to utilize technology to protect their digital files from unauthorized use. The technology used “controls access to content on digital devices” and “[i]deally . . . should equally protect the content owner’s, content creator’s, and content user’s rights under copyright law.” Access is controlled through a variety of methods, including permission management and encryption, and DRM has been used by many major companies, such as Microsoft’s PlayReady and Apple’s Fairplay.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 27, 2021. The original post can …

Section 230 Immunity And Being Cancelled: A Cause Of Action Against Twitter, Jordan Doll

AELJ Blog

Section 230 immunity of the Communications Decency Act (“CDA”) shields internet service providers from liability for the content posted on their sites by third-party users in almost all instances. One such instance is libelous tweets, meaning Twitter cannot be sued when a user tweets something defamatory. If Section 230 immunity was revoked, the allegedly defamed individual could sue Twitter directly for these tweets, rather than only having a cause of action against the individual user. Removal of Section 230 immunity provides a hypothetical remedy against the platform itself when someone is defamed online.

This post was originally published on the …

Forced Labor In Xinjiang Raises Ethical Concerns For Fashion Retailers, Paul Smith

AELJ Blog

The Chinese government developed what it calls a “poverty alleviation program”—initially reported to target individuals living in poor, rural regions such as Xinjiang. The program would “compel” those living in poverty in Xinjiang to work for significantly reduced wages in “low-skilled manufacturing industries, including the production of textiles and apparel.” This coerced labor transfer scheme was mandated by the Chinese government and enforced by different production entities, one being the Xinjiang Production and Construction Corps (XPCC). However, recent reports have indicated several notable pieces of information that expand on what was originally known about this coercive labor scheme.

This post …

Arthex, Inc. And The Assault On Administrative Adjudication, Brian Wohlhieter

AELJ Blog

Last month, the Supreme Court heard oral arguments for a case called Arthrex, Inc. v. United States which could have a significant impact on the world of patents but, even more profoundly, on the whole of the administrative state. The argument presented by the lower court is that Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB) wield too much power to not be approved by Senate confirmation. Rather than requiring appointment, the Federal Circuit decided to subordinate the APJs to political directors by stripping them of employment protections which are instituted to ensure the crucial Due …

The Comeback: Covid-19’S Impact And The Return Of Sports, Christian Perez

AELJ Blog

Recent promising vaccine news has many U.S. citizens finally seeing the light at the end of the pandemic tunnel and maybe even thinking about making travel plans to a tropical destination, to Europe, or perhaps catch a ballgame. Unfortunately, however, the pandemic is still ongoing. Throngs of people wary of the vaccine and new COVID-19 variants popping up likely mean we are not entirely out of the pandemic’s grasp. And let us not forget the price paid in lives already: three million lives worldwide and half a million in the United States. So, it may seem a little distasteful to …

The Shop Safe Act: Bringing Authenticity Back To The Internet, Rachel Kaminetzky

AELJ Blog

The online world can be divided into two categories: what is real and what is fake. Be it the news, a dating profile, or a second-hand Rolex, digital consumers are constantly assessing authenticity. In a media-obsessed climate where everything is click-able and anything arrives in an Amazon box, it seems ironically apropos that the law, like everyone else, is again attempting to distinguish between the real and the fake.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 26, 2021. The original post can be accessed via the Archived Link button above.

Old World Meets New World In Soccer Trademark Dispute, Benjamin Weinstein

AELJ Blog

There is a high-profile international trademark battle ongoing between Major League Soccer (MLS) and the legendary Italian soccer club Football Club Internazionale Milano S.p.A. (Inter Milan) over the mark “Inter.” Sports franchises in major American sports follow a simple naming convention: [place name] plus [noun, usually ending in s] (e.g., New York Yankees, or Washington Capitals). On the other hand, soccer, as the world’s game, has no such formula when scrutinized on the global scale, due to myriad languages and cultural norms.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 26, 2021. …

The Devil Wears Nike: The Implications Of Nike’S Lawsuit Against Mschf For Its “Satan Shoes”, Paul Smith

AELJ Blog

“All that for a drop of blood.” Easter season would not truly be complete without a controversial story involving Satan. But how exactly does a tendentious music video involving a lap dance with the devil ultimately lead to a lawsuit from Nike?

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 19, 2021. The original post can be accessed via the Archived Link button above.

The Cardozo Arts & Entertainment Law Journal Presents The Piracy Paradox In An Era Of Disruption!, Cardozo Arts & Entertainment Law Journal

AELJ Blog

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 19, 2021. The original post can be accessed via the Archived Link button above.

A Hairy Situation For Well-Known Hair-Care Brand: Devacurl, Jannah Eichenbaum

AELJ Blog

Anyone with curly hair knows that using the right haircare products can be the difference between a good hair day and a bad hair day. Ordinary drug store products often do not cut it because they can contain harsh chemicals that dry out the hair and damage curls. As such, those concerned with providing the upmost care for their precious ringlets look for products specifically advertised to contain just the right ingredients, optimal for their unique curl type. Many are even willing to pay top dollar for products that promise to deliver luscious frizz free locks.3 However, when these products …

The First Amendment, Twitter, And Dr. Bandy Lee, Renisha Ricks

AELJ Blog

There is a raging debate about whether Yale University in terminating Dr. Bandy Lee’s contract violated her constitutional rights to the freedom of speech. At the center of this controversy is Alan Dershowitz, a criminal defense attorney and Harvard Law School professor emeritus who, in July 2019, proclaimed his innocence against sexual misconduct allegations on national television. Specifically, Dershowitz stated that “[David Boies] has an enormous amount of chutzpah . . . to challenge my perfect, perfect sex life . . . .” Months later, on Twitter, Professor Richard Painter compared Dershowitz’s use of the term “perfect” to describe his …

Bitclout: Decentralized Social Media Or Nfts For Celebrities?, Brian Wohlhieter

AELJ Blog

If you’ve been paying any attention to the latest cryptocurrency news and even if you haven’t you’ve probably heard something about the new NFT craze that has been sweeping the space. NFTs are “non-fungible tokens” that are stored on a blockchain and are used to represent anything from artwork to music to digital NBA trading cards. While the image or song or trading card may still be digitally reproducible elsewhere, the novelty and value provided by NFTs are that they connote proof of ownership of the unique asset represented by the token. With this trend heavily influencing the cryptocurrency landscape …

Non-Fungible Tokens: Copyright Implications In The Wild West Of Blockchain Technology, Matt Goldman

AELJ Blog

On March 11, 2021, a 443-megabyte JPEG image sold for a record-breaking $69.3 million. This sum was not only the highest price paid for a piece of digital artwork ever, but was also the third-highest auction price achieved by any living artist for a piece of artwork in any medium. The work, a collage of every image that digital artist Beeple has created since 2007, was “minted” in February as a non-fungible token, or “NFT.”

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 5, 2021. The original post can be accessed via …

The Evolving Conversation Around Section 230 Immunity, Jordan Doll

AELJ Blog

Section 230 of the Communication Decency Act (“CDA”) grants sweeping immunity to interactive computer service providers (“ISP”) against claims arising from content posted on their sites by third parties. Significantly, this protects websites from tort liability arising from content their users posted. For example, Twitter cannot be sued for defamatory language tweeted by one of its users. This immunity helped create the modern internet, allowing platforms like Twitter, Facebook and Google to flourish unrestrained from potential liability arising from the content their users share. Since the CDA’s passage in 1996, conversations around regulating the internet and protecting websites from liability …

Works In Progress: Is It Better To Say Sorry Than To Ask For (And Receive) Permission?, Amy Weiss

AELJ Blog

A recent legal dispute between singer-songwriter Tracy Chapman and rapper Nicki Minaj has shed light on an interesting issue in the field of copyright and music: whether musical artists “can be held liable for copyright infringement for works in progress” and whether “artists need permission even to experiment in the studio.”

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 22, 2021. The original post can be accessed via the Archived Link button above.

Dramatic Rise In State Bills Targeting Transgender Student Athletes, Cecily D'Amore

AELJ Blog

2021 has brought a dramatic increase in the number of states proposing bills to regulate the participation of transgender athletes in school sports. More specifically, these bills target transgender women’s participation in women’s athletics, with proponents stating that they are seeking to “protect . . . female sports from being destroyed.” The American Civil Liberties Union (“ACLU”) noted that in 2020, legislation was introduced to this effect in eighteen states. Just in the first two months of 2021, however, twenty-four states had introduced similar legislation. Sports Illustrated, on March 12, 2021, noted that that number is now up to twenty-six. …

Cycling Through Litigation: The Ultimate Cost Of Not Entering Into Appropriate Sync Licensing Agreements, Nancy Kartos

AELJ Blog

As fitness companies transform into entertainment companies, new licensing issues arise regarding music in an at-home work-out video versus music heard in an in-person gym class. Specifically, the usage of music in a gym class requires a public performance license whereas watching that same class from home requires a sync license because the “music is synchronized with visual media output.” Over the past 3 years, Peloton has faced a snowball effect in litigation, beginning with an allegation that they did not have the sync licensing required for their at-home workout videos. First, as discussed below, the National Music Publishers’ Association …