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Some Respect Reserved? Survey Experiment Insights On The Perception Of Creative Commons And Copyright Infringement, Thomas H. Rousse Jan 2026

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 Jan 2025

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 Jan 2024

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 Jan 2023

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 Jan 2023

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 Jan 2022

Opening Remarks, Christopher J. Buccafusco, Matthew Vernace

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Opening Remarks, Anna Antonova, Michael Burstein Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2018

Ride Oversharing: Privacy Regulation Within The Gig Economy, Casey Thomas

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Introductions, Melanie B. Leslie Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2016

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 Jan 2016

Introductions, Matthew Diller

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng Jan 2016

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 Jan 2014

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 Jan 2011

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 Jan 2010

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 Jan 2010

Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa

Cardozo Arts & Entertainment Law Journal

No abstract provided.