Law Commons^™

The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone

Duke Law & Technology Review

In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …

All Eyez On Rap & Hip-Hop: Analyzing How Black Expression Is Criminalized And The Language Of The Rap Act Of 2022, Maia Young

Washington Journal of Law, Technology & Arts

The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred. Black creative expression documents, preserves, and unifies cultural lived experiences, from a first-hand lens of those oppressed. Creative and artistic expression celebrates the myriad of stories that are a part of the collective Black experience. Yet, Black creative expression is now being weaponized by prosecutors …

Constitutional Rights Of Artificial Intelligence, Mizuki Hashiguchi

Washington Journal of Law, Technology & Arts

On February 8, 2022, the Italian Parliament approved constitutional amendments to protect the environment. A member of Parliament stated that the environment is an element of Italy, and that safeguarding the environment means safeguarding humans. The need to protect the environment seems to have become a critical component of public conscience. Likewise, if society perceives that artificial intelligence is vitally important for humanity, does constitutional law allow constitutional rights for artificial intelligence to be created?

Extending constitutional rights to artificial intelligence may be consistent with the jurisprudential history of rights. Constitutional rights have undergone metamorphosis over time to protect new …

Rembrandt’S Missing Piece: Ai Art And The Fallacies Of Copyright Law, Eleni Polymenopoulou

Washington Journal of Law, Technology & Arts

This article discusses contemporary problems related to Artificial Intelligence (AI), law and the visual arts. It suggests that the fallacies of copyright law are already visible in legal conundrums raised by AI in the creative sector. These include, for instance, the lack of uniformity in relation to creations’ copyrightability, the massive scale of copyright infringement affecting visual artists and the creative industry, and the difficulties in implementing media regulation and cyber-regulation. The deeply cherished ‘human authorship’ criterion that was sustained recently by a US Federal Appeals Court in Thaler, in particular, is a short-term solution to the legal challenges …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Has Ai Art Generated The Next Napster? Analyzing Civil And Criminal Liability For Prompt Marketplace Participants, Tyler Larson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Emojis: An Approach To Interpretation, Patricia Vilma Graham

UC Law SF Communications and Entertainment Journal

No abstract provided.

Reinventing The Silver Screen… Again: The Copyright Licensing Implications Of Using Video Game Technology For Virtual Production On Film And Tv Sets, Nicholas M. Medellin

UC Law SF Communications and Entertainment Journal

No abstract provided.

An Evolving Landscape: Name, Image, And Likeness Rights In High, Adam Epstein -- Professor, Dept. Of Finance And Law, Nathaniel Grow -- Associate Professor Of Business Law & Ethics, Kathryn Kisska-Schulze -- Assoc. Professor Of Business Law

Vanderbilt Law Review

Amateur sports have entered a changing landscape. The onset of Name, Image, and Likeness (“NIL”) opportunities at the college level has prompted over half of state high school athletic associations to likewise permit high school student-athletes to pursue similar financial opportunities. The purpose of this Essay is not to argue for or against the emergence of NIL opportunities at the high school level but instead to explore this newly evolving landscape, identify accompanying financial dangers, and propose a statutory framework that builds upon California’s Coogan’s Law—a measure providing financial safeguards to children working in the entertainment industry—to better protect minor …

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Ending Exemption 5 Expansion: Toward A Narrower Interpretation Of Foia’S Exemption For Inter- And Intra-Agency Memorandums, Ryan W. Miller

Fordham Law Review

The Freedom of Information Act (FOIA) creates a judicially enforceable right to access almost any record that a federal agency creates or obtains. Its crafters aimed to strike a careful balance in promoting disclosure of government records to increase transparency while still protecting the confidentiality of certain information. Although any person can request an agency record, FOIA’s nine exemptions allow agencies to withhold records if certain conditions are met. 5 U.S.C. § 552(b)(5) permits agencies to withhold “inter-agency or intra-agency memorandums or letters” that would normally be privileged in civil discovery. Through this exemption, Congress sought to prevent FOIA from …

The Case For Ncaa Liability For Spectator Racial Harassment Of Athletes, Julia Steggerda-Corey

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Kennedy V. Bremerton School District: A Touchdown And A Victory For Establishment Clause Jurisprudence, Aislinn Comiskey

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Where You Lead, I Will Follow: Professional Athletes' Ability To Influence Loyal Fans' Cryptocurrency Investments And The Broader Need For Cryptocurrency Regulation, Anna D'Eramo

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Missing The Mark: How Legislative Adjustments To The Disparagement Clause Could Promote The Revocation Of Trademarks For Professional Sporting Teams Referencing Native American Culture, Laura Ospina

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Fixing The Old Boys Club: Comparing The Handling Of Workplace Misconduct By The Nfl And Nwsl For Change, Maranda Phillips

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Barriers At The Border: The Impact Of United States Immigration Policy On Multi-Host Sporting Events, Phoebe Cooper

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Likes, Camera, Action: Safeguarding "Child Influencers" Through Expanded Coogan Protections And Increased Regulation Of Social Media, Dana D. Joss

William & Mary Business Law Review

As a result of the increased popularity of influencer marketing, various “child influencers” have risen to stardom on popular social media platforms such as YouTube, TikTok, and Instagram. To date, these children have no protections under the law to safeguard them from the dangers of the influencer industry. Namely, there are no safeguards from financial exploitation by parents and guardians; children hold no guarantee that they can retain their earnings from social media. Further, there are no regulations in place regarding the number of hours child influencers may work and such children sometimes maintain little control over the extent of …

The Underwater: Using Art To Engage Communities Around Climate Action, Xavier Cortada

University of Miami Law Review

This Article delves into the intersection of art and environmental activism, with a focus on the impact of climate change. Cortada, both an artist and trained attorney, re-counts his three-decade journey leveraging art to inspire community engagement and address social and environmental challenges. He explains how Antarctic researchers made him aware of South Florida's vulnerability to sea level rise, leading to the development of interactive art projects that foster civic engagement and climate advocacy. The Article also addresses the challenges posed by climate denial and misinformation, emphasizing the need for creative strategies to combat these issues.

Cortada introduces specific participatory …

Robots As Pirates, Henry H. Perritt Jr.

Catholic University Law Review

Generative AI has created much excitement over its potential to create new works of authorship in the literary and graphical realms. Its underling machine-learning technology works by analyzing the relations among elements of preexisting material in enormous databases assembled from publicly available and licensed sources. Its algorithms “learn” to predict “what comes next” in different types of expression. A complete system thus can become glib in creating new factual summaries, essays, fictional stories and images.

A number of authors of the raw material used by Generative AI engines claim that the machine learning process infringes their copyrights. Careful evaluation of …

Give Or Take—Is The Droit De Suite A Taking Without Just Compensation?, Jeremy Cohen

Pepperdine Law Review

The Constitution mandates Congress to protect the arts and sciences directly by creating an exclusive right called copyright. However, visual artists such as painters, sculptors, and photographers in the United States still cannot participate in the significant profits from the secondary sales of their copyrighted works at public and private auctions. In over eighty countries worldwide, the droit de suite, also known as the Artist Resale Royalty (ARR), grants visual artists such royalties. Unfortunately, the United States currently lacks such a royalty, despite multiple unsuccessful attempts by Congress to pass federal legislation. Although California enacted its own version of the …

College Athlete Employment Model: An “Amateur” Attempt To Resolve The Exploitation Created By The Ncaa, Ryan Brida

University of Miami Business Law Review

The college sports industry is deeply rooted within the culture of the United States. Its popularity has only grown, which has led to business opportunities and vast economic wealth for many within the National Collegiate Athletic Association (“NCAA”). This wealth is mainly distributed among, but not limited to, NCAA executives, conference commissioners, university presidents, coaches, and athletic directors. The individuals actually taking part in the athletic contests, the college athletes, are excluded from this list. Specifically, looking at Division I college athletes, the harsh reality is that these young men and women are participating in a billion-dollar industry and not …

Privacy’S Next Act, Erik Lampmann-Shaver

Washington Journal of Law, Technology & Arts

This Article identifies and describes three data privacy policy developments from recent legislative sessions that may seem unrelated, but which I contend together offer clues about privacy law’s future over the short-to-medium term.

The first is the proliferation, worldwide and in U.S. states, of legislative proposals and statutes referred to as “age-appropriate design codes.” Originating in the United Kingdom, age-appropriate design codes typically apply to online services “directed to children” and subject such services to transparency, default settings, and other requirements. Chief among them is an implied obligation to conduct ongoing assessments of whether a service could be deemed “directed …

Limits Of Algorithmic Fair Use, Jacob Alhadeff, Cooper Cuene, Max Del Real

Washington Journal of Law, Technology & Arts

In this article, we apply historical copyright principles to the evolving state of text-to-image generation and explore the implications of emerging technological constructs for copyright’s fair use doctrine. Artificial intelligence (“AI”) is frequently trained on copyrighted works, which usually involves extensive copying without owners’ authorization. Such copying could constitute prima facie copyright infringement, but existing guidance suggests fair use should apply to most machine learning contexts. Mark Lemley and Bryan Casey argue that training machine learning (“ML”) models on copyrighted material should generally be permitted under fair use when the model’s outputs transcends the purpose of its inputs. Their arguments …