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Articles 1 - 30 of 57
Full-Text Articles in Contracts
Some Respect Reserved? Survey Experiment Insights On The Perception Of Creative Commons And Copyright Infringement, Thomas H. Rousse
Some Respect Reserved? Survey Experiment Insights On The Perception Of Creative Commons And Copyright Infringement, Thomas H. Rousse
Cardozo Arts & Entertainment Law Journal
Since its inception, Creative Commons has introduced new ways for creators to grant licenses to the public without cost or the need for negotiation by breaking up rights provided by copyright and making a subset of those rights available to anyone willing to abide by the conditions of the license. Its widespread adoption has democratized open licensing for creators beyond the software context these licenses originated within. Although the success of Creative Commons as a community is plain, relatively little information is available about its perception by the general public. Aggressive litigation by Creative Commons licensors has put the organization …
Time For A Clean Finish? Analyzing A New Path To Collective Bargaining At The Wwe, Paige Green
Time For A Clean Finish? Analyzing A New Path To Collective Bargaining At The Wwe, Paige Green
Cardozo Arts & Entertainment Law Journal
The note argues that professional wrestlers in the WWE face significant challenges in achieving fair compensation and better working conditions due to their classification as independent contractors, which denies them protections under the National Labor Relations Act (NLRA). It proposes that leveraging antitrust law could provide an alternative and effective strategy for wrestlers to collectively bargain and improve their circumstances, drawing parallels to successful efforts by UFC fighters.
Introductory Remarks, Carly Rothstein
Introductory Remarks, Carly Rothstein
Cardozo Arts & Entertainment Law Journal
This introductory remark explores the implications of recent Supreme Court decisions in Bad Spaniels and Andy Warhol on intellectual property law, focusing on the evolving landscape of copyright and trademark protections. It highlights the challenges and opportunities these rulings present for balancing artistic expression, cultural norms, and legal frameworks. The symposium serves as a platform for scholars and practitioners to discuss these developments and their broader impact on IP law and policy.
Introductory Remarks, Ethan Bordman, Ira S. Dizengoff, Sophie Dizengoff
Introductory Remarks, Ethan Bordman, Ira S. Dizengoff, Sophie Dizengoff
Cardozo Arts & Entertainment Law Journal
The article discusses the legal implications and challenges surrounding college athletes' rights to profit from their name, image, and likeness (NIL), following the NCAA's 2021 decision to lift its ban on athletes cashing in on their fame. The symposium explores the evolving legal landscape, including regulatory frameworks, equity issues, and the role of collectives, highlighting the need for clearer guidelines to address the complexities arising from this change.
And A Second Opinion For All... And Anything Else? The Jack Eichel Saga And Issues Of Medical Autonomy, Seth Warshaw
And A Second Opinion For All... And Anything Else? The Jack Eichel Saga And Issues Of Medical Autonomy, Seth Warshaw
Cardozo Arts & Entertainment Law Journal
The note examines the legal and bioethical implications of the Jack Eichel Saga, focusing on the dispute between Eichel and the Buffalo Sabres regarding medical treatment under the NHL Collective Bargaining Agreement (CBA). It argues that the current CBA's "due consideration" standard for team physicians fails to adequately protect players' medical autonomy and informed consent rights. The analysis concludes that the Sabres would likely prevail in arbitration due to the narrow interpretation of the CBA's provisions, but the dispute highlights the need for reforms to align the CBA with ethical medical standards and enhance player autonomy.
Opening Remarks, Christopher J. Buccafusco, Matthew Vernace
Opening Remarks, Christopher J. Buccafusco, Matthew Vernace
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Opening Remarks, Anna Antonova, Michael Burstein
Opening Remarks, Anna Antonova, Michael Burstein
Cardozo Arts & Entertainment Law Journal
The article celebrates the 75th anniversary of the Lanham Act, reflecting on its enduring influence on trademark law while addressing its evolution in response to new legal and technological challenges. It highlights the symposium's exploration of the Act's history, its adaptation to modern issues such as internet-related disputes and First Amendment concerns, and its continued relevance in shaping intellectual property law. The piece also underscores the role of the Cardozo Arts & Entertainment Law Journal as a leading platform for scholarly discourse in intellectual property and related fields.
Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right, Zhao Zhao
Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right, Zhao Zhao
Cardozo Arts & Entertainment Law Journal
Visual artists in countries that do not recognize the artist's resale right are at an economic disadvantage, while some countries that recognize the right experience practical difficulties in identifying and tracking resales that are subject to royalty payments for artists. As blockchain technology becomes increasingly applied to the creative industries, the full extent of its potential in enforcing droit de suite by improving the traceability of physical artwork has yet to be realized. Blockchain can be an effective mechanism for enforcing the artist's resale right as an alternative to collective management organizations. Through an analysis of the ability of blockchain …
The Ordinary Authors Of The Bureau Of New Plays: Copyright And Reallocating Authority In The American Theatre (1936-1949), Brent Salter
The Ordinary Authors Of The Bureau Of New Plays: Copyright And Reallocating Authority In The American Theatre (1936-1949), Brent Salter
Cardozo Arts & Entertainment Law Journal
This Article examines the brief history of the Bureau of New Plays, a nonprofit enterprise funded in 1936 by seven major Hollywood film studios and administered by the Theatre Guild's Theresa Helburn, to identify and develop talented young American playwrights. A study of the Bureau of New Plays provides a window into the authority that playwrights, and particularly younger writers, exercised over the work they created. In one respect, the establishment of the Bureau of New Plays complemented American copyright's general trajectory toward the expansion of the rights of the individual author, and in the context of the theatre the …
An Estate Plan For Kanye West, Thomas E. Simmons
An Estate Plan For Kanye West, Thomas E. Simmons
Cardozo Arts & Entertainment Law Journal
One inventory item in megastar Kanye West's vast portfolio of assets merits a unique sort of care and safeguarding his right ofpublicity. The right ofpublicity is a property interest which represents the commercial value of a celebrity's name, image, and likeness. In some states, including California, the right survives the celebrity's death and is freely alienable and devisable. A protective arrangement, such as a trust, is often pursued to impose postmortem use and transferability restrictions on property that has particular importance to the testator. This Article proposes a noncharitable purpose trust as a means by which Kanye West's right of …
The Secrets Behind Reality Television Shows And Their Unconscionable Contracts, Stephanie Rimberg
The Secrets Behind Reality Television Shows And Their Unconscionable Contracts, Stephanie Rimberg
Cardozo Arts & Entertainment Law Journal
The note argues that reality television show contracts are often unconscionable due to the significant imbalance of power between producers and participants. These contracts frequently classify participants as independent contractors, despite their integral role in the show, and include provisions that are procedurally and substantively unfair, such as disclaimers of liability and arbitration clauses. The author contends that these contracts violate California contract law and public policy, advocating for participants to be reclassified as employees and for contracts to be amended to protect their rights.
The Blood Antiquities Convention As A Paradigm For Cultural Property Crime Reduction, Derek Fincham
The Blood Antiquities Convention As A Paradigm For Cultural Property Crime Reduction, Derek Fincham
Cardozo Arts & Entertainment Law Journal
In 2017, the Council of Europe opened for signature the first ever international treaty aimed at policing cultural property. As more attention has been paid to the damage done by the theft, looting, and illicit trafficking of cultural objects, the Council of Europe has met this challenge with an ambitious convention, which aims to fill gaps in the current criminal laws. These gaps have too often been exploited by individuals in the illicit antiquities trade. The author had an opportunity to present his analysis of a draft version of the Council of Europe's Convention at a meeting held in Lucca, …
The Limitations Of Information: Rethinking Soft Paternalistic Interventions In Copyright Law, Yifat Nahmias
The Limitations Of Information: Rethinking Soft Paternalistic Interventions In Copyright Law, Yifat Nahmias
Cardozo Arts & Entertainment Law Journal
Authors and intermediaries seldom enjoy equal bargaining power. This disparity-as well as information asymmetries-has been claimed to significantly undermine authors' ability to capture a fair share of the wealth generated from their creative efforts and contributions, thereby possibly reducing their incentive to create expressive works and compromising the myriad other benefits that copyright protection is meant to provide. To address this problem, legislatures have adopted soft paternalistic interventions designed to improve authors' choices without applying a hard-handed approach. Such interventions benevolently push the author away from risk or encourage her to make decisions that the legislator perceives to be in …
Introductions, Julia Spivak, Tonya M. Evans
Introductions, Julia Spivak, Tonya M. Evans
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel 1: Digital Art And Digital Collectibles, Ross Blum, Steve R. Schindler, Amy Whitaker, Elena Zavelev, Christopher Buccafusco
Panel 1: Digital Art And Digital Collectibles, Ross Blum, Steve R. Schindler, Amy Whitaker, Elena Zavelev, Christopher Buccafusco
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Exhaustion In The Service Of Progress, Ofer Tur-Sinai
Exhaustion In The Service Of Progress, Ofer Tur-Sinai
Cardozo Arts & Entertainment Law Journal
Under the doctrine of patent exhaustion, an authorized sale of a patented item exhausts the patentee's rights with respect to that item, leaving the purchaser and subsequent owners free to use or resell it without fear of an infringement lawsuit. In 2017, the U.S. Supreme Court issued its landmark decision in Impression Products v. Lexmark International, which strengthened the exhaustion doctrine in various significant ways. The Court held that an authorized sale of a patented item exhausts all patent rights with respect to that item, regardless of any restrictions on use or resale the patentee purports to impose. The Court …
Exploration Of The Nfl Franchise Tag Functioning As A Non-Compete Clause, David B. Borsack
Exploration Of The Nfl Franchise Tag Functioning As A Non-Compete Clause, David B. Borsack
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne Schroeder
Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne Schroeder
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Ride Oversharing: Privacy Regulation Within The Gig Economy, Casey Thomas
Ride Oversharing: Privacy Regulation Within The Gig Economy, Casey Thomas
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introductions, Melanie B. Leslie
Introductions, Melanie B. Leslie
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Authenticity Debacle: Why Art Authentication And Litigation Don't Mix, Andrea Sobolewski
The Authenticity Debacle: Why Art Authentication And Litigation Don't Mix, Andrea Sobolewski
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel 1: Perspectives On Transactions In Comic Books, David Gallaher, Larry Hama, Lillian Laserson, Matthew Tynan, Thomas Crowell
Panel 1: Perspectives On Transactions In Comic Books, David Gallaher, Larry Hama, Lillian Laserson, Matthew Tynan, Thomas Crowell
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel 2: Comic Book Jurisprudence With Q&A, Karen Berger, Lillian Laserson, Paul Levitz, Robert Sikoryak, Brett Frischmann
Panel 2: Comic Book Jurisprudence With Q&A, Karen Berger, Lillian Laserson, Paul Levitz, Robert Sikoryak, Brett Frischmann
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Scratching The Seven-Year Itch: A Call To Reform California Labor Code Section 2855(B), Alyssa Kaplun
Scratching The Seven-Year Itch: A Call To Reform California Labor Code Section 2855(B), Alyssa Kaplun
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introductions, Matthew Diller
Introductions, Matthew Diller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng
Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Fair Or Foul? Major League Baseball's Use Of A Tortious Interference Lawsuit As A Means Of Investigation, Michael S. Beck
Fair Or Foul? Major League Baseball's Use Of A Tortious Interference Lawsuit As A Means Of Investigation, Michael S. Beck
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts, Simon Bernstein
Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts, Simon Bernstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Cardozo Arts & Entertainment Law Journal
No abstract provided.