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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 30 of 57
Full-Text Articles in Entertainment, Arts, and Sports Law
Balancing A Circular Economy With Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing, Olivia Dinkins
Balancing A Circular Economy With Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing, Olivia Dinkins
Brooklyn Journal of Corporate, Financial & Commercial Law
The growing demand for sustainable fashion, particularly among younger consumers, has led to a surge in upcycling practices that repurpose pre-existing materials, often featuring luxury brand trademarks. While upcycling may support a circular economy and artistic innovation, it poses complex legal challenges for trademark owners, especially concerning consumer confusion, dilution, and the use of counterfeit materials. This Note explores the intersection of trademark law and sustainability in the luxury fashion sector, highlighting the tension between environmental responsibility and intellectual property protection. This Note first analyzes the way various courts have confronted these issues and the limitations of doctrines like first …
More Than Medals: Protecting The Olympic Brand, Olivia M. Zykoff
More Than Medals: Protecting The Olympic Brand, Olivia M. Zykoff
Brooklyn Journal of International Law
The enforcement of intellectual property rights is critical for brand protection. When a country is given the power to host an event as grand as the Olympic Games, it takes on immense responsibility to protect all aspects of the Games ahead. Importantly, as an international event that travels to a new host country every two years, the Olympic brand requires centralized protection, to be overseen by a leading body, the International Olympic Committee (IOC). This Note reviews the foundational protections given to the Olympic brand by the IOC and examines the country-specific treatment and protections granted to Olympic properties at …
Frankenstein Sinatra: The Argument For A Federal Postmortem Right Of Publicity In The Ai-Era, Ian Samide
Frankenstein Sinatra: The Argument For A Federal Postmortem Right Of Publicity In The Ai-Era, Ian Samide
Brooklyn Journal of Corporate, Financial & Commercial Law
Artificial Intelligence has fundamentally revolutionized the way media is generated and presents new and unique threats to the right of publicity. By enabling users to create high-quality, realistic deep fakes of individuals’ voices, images, or likenesses, Artificial Intelligence has created novel risks to the right of publicity. Additionally, right of publicity is currently governed by state law. This system is proving to be flawed in the internet age, as content is rarely confined to a single jurisdiction, resulting in unpredictability and juridical disputes. This note argues that a federal right of publicity is necessary to regulate Artificial Intelligence effectively and …
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Brooklyn Journal of Corporate, Financial & Commercial Law
Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …
Redefining The Scope Of Anti-Discrimination Law: Illuminating Colorism As A Basis For Discrimination Claims By Black Entertainers, Tolulope F. Odunsi-Nelson
Redefining The Scope Of Anti-Discrimination Law: Illuminating Colorism As A Basis For Discrimination Claims By Black Entertainers, Tolulope F. Odunsi-Nelson
Brooklyn Law Review
This Article critically examines the pervasive issue of colorism within the entertainment industry and its profound impact on dark-skinned Black entertainers. Anti-Black colorism is discrimination against Black people with darker skin tones and Afrocentric features (i.e. darker eye color, kinkier hair, broader nose, fuller lips). Tracing the historical roots of colorism from the colonial era to contemporary times, the Article emphasizes how societal preferences for Eurocentric features and anti-Black racism have created and perpetuated a hierarchy that disadvantages darker-skinned individuals. It analyzes the underrepresentation and pay disparities faced by dark-skinned Black actors and actresses. It details the industry’s preference for …
Conduits For Crime: How The Us Art Industry Has Become A Market Ripe For Financial Crime, Sage Espindola
Conduits For Crime: How The Us Art Industry Has Become A Market Ripe For Financial Crime, Sage Espindola
Brooklyn Law Review
The US art market is the largest in the world, with an estimated total worth of $67.8 billion. In the last decade, art market transactions have skyrocketed in value, with works like Leonardo da Vinci’s Salvator Mundi selling at auction for $450 million, making it the most expensive individual work to ever be sold. However, unlike other markets that handle similarly high-value assets and commodities, the US art market is largely unregulated. The lack of adequate formal regulation, coupled with a culture of anonymity, has allowed for the US art market to become a hotbed for financial crime, such as …
Human Rights Forum Shopping In Transnational Sport Disputes, Ilias Bantekas
Human Rights Forum Shopping In Transnational Sport Disputes, Ilias Bantekas
Brooklyn Journal of International Law
Professional athletes must adhere to the dispute resolution mechanisms contained in their agreements with sport governing bodies (SGBs). These typically provide for SGB institutional arbitration with appeals against such awards to CAS, although in some instances direct recourse to CAS is also possible. These mechanisms do not cater for attendant human rights claims arising from the underlying dispute. This article suggests that a variety of sui generis forum shopping possibilities are available to address this deficit. Applicants may approach national courts with a sufficient jurisdictional link to the SGB in question by raising constitutional (and by extension human rights) and …
Does The Loss Of Chance Doctrine Have A Chance In International Sport Arbitration?, Dmitry A. Pentsov
Does The Loss Of Chance Doctrine Have A Chance In International Sport Arbitration?, Dmitry A. Pentsov
Brooklyn Journal of International Law
The Article analyzes whether and, if so, how, the loss of chance doctrine providing the basis for claims against person who deprived victims of a chance of occurrence of a certain result or decreased this chance could be used in international sport arbitration at the Court of Arbitration for Sport (CAS). It provides a comparative analysis of applicability of this doctrine under English law, French law, and the law of the State of New York to sport competitions and outlines potential problems of utilizing this doctrine in the CAS arbitration through domestic law based on choice-of-law rules. The Article argues …
Sliding Into Safety: Why Formal United Nations Or United States Sanctions Or Action Would Help Major League Baseball Curb Human Smuggling And Trafficking Issues, Maxwell Russ
Brooklyn Journal of International Law
Every year when the baseball season ends and the offseason begins, professional teams’ front offices go searching for the best available players. Often, incredibly talented baseball players can be found across the world and today, Major League Baseball (MLB) players come from across the globe. Yet, despite the global outreach of MLB, the process by which teams are allowed to search for, recruit, and sign foreign-born players remains largely unregulated by the league itself. For years, stories of players from foreign countries being subjected to shady and unethical practices have begun to surface. This dark side of baseball was even …
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the world of sports has been disrupted by foreign nations engaging in human rights violations, masking their wrongdoings through sport-related investments. This practice, referred to as “sportswashing,” has negative impacts on both the sports industry at large and the individual victims whose suffering is perpetuated. Currently, there is no direct legislation preventing foreign investors from taking over sports franchises in the United States. However, the Committee on Foreign Investment in the United States, the United Nations, and sports leagues’ private regulations, each provide means to resist sportswashing. This Note analyzes the problem of sportswashing, the existing framework …
Nil: How Third-Party Businesses Exploit Collegiate Student-Athletes With Impunity, Matthew Glogower
Nil: How Third-Party Businesses Exploit Collegiate Student-Athletes With Impunity, Matthew Glogower
Brooklyn Journal of Corporate, Financial & Commercial Law
While there are numerous state NIL (name, image, and likeness) laws protecting student-athletes from economic exploitation, there is no federal law which offers universal protection, nationwide, to student-athletes. State NIL laws offer some protections for student-athletes from exploitation by colleges, universities, and boosters, but there is no protection for student-athletes who sign NIL deals with for-profit third-party businesses. These NIL deals, between the student-athlete and third-party businesses, make up the majority of NIL agreements. Section 6 of the proposed College Athlete Economic Freedom Act (“CAEFA”), titled “Enforcement Provisions,” aims to codify federal protection for student-athletes against colleges, universities, and boosters, …
After Further Review: Are Ncaa Conferences Now Subject To Antitrust Liability?, Madison Huberman
After Further Review: Are Ncaa Conferences Now Subject To Antitrust Liability?, Madison Huberman
Brooklyn Journal of Corporate, Financial & Commercial Law
Following the Alston decision, the landscape of college athletics has undergone significant transformation. Although the Supreme Court in Alston previously determined that individual conferences lacked power over the relevant market, this is no longer true for all conferences. This note explores the potential antitrust liability facing individual NCAA conferences in the post-Alston era. It reviews the NCAA’s historical context, its member institutions, and the variations in membership across Divisions and sports. The analysis then shifts to the current state of college athletics, including NIL policies, conference realignment, and media rights deals. The note further assesses whether certain conferences are susceptible …
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
Journal of Law and Policy
In 2016, the United States Women’s National Team began a lengthy fight for equal pay by filing a complaint with the Equal Employment Opportunity Commission. In 2019, the fight continued when the team sued the United States Soccer Federation for gender discrimination. When the court granted summary judgment to the U.S. Soccer Federation on their Equal Pay Act claim, it closed the door for the team to achieve equal pay through a public law remedy. The tedious fight came to an end with a settlement which guaranteed that the U.S. Men’s and Women’s National Teams would be paid equally. Although …
Ai Fanfare & Fanfiction: Do Fanfiction Writers Have Protections Against Artificial Intelligence?, Sinbay Tan
Ai Fanfare & Fanfiction: Do Fanfiction Writers Have Protections Against Artificial Intelligence?, Sinbay Tan
Brooklyn Law Review
As artificial intelligence (AI) becomes a familiar topic in everyday conversation and now increasingly in courts, there is a conflict between its use in creative and artistic spaces. While authors and artists enjoy copyright protections that might shield their works from being misused, there are millions of fanfiction writers who have no such protections. After all, the essence of fanfiction is rooted in writing about the characters, settings, and stories made by someone else. After decades of writing online, these fanfiction authors face the threat of having their works scraped up and fed into AI algorithms to be used in …
False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam
False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam
Faculty Scholarship
No abstract provided.
Baseball's Antitrust Exemption Still Looms Large For Minor Leaguers Despite Their Recent Unionization & Collective Bargaining Agreement, Rodney William Cannon
Baseball's Antitrust Exemption Still Looms Large For Minor Leaguers Despite Their Recent Unionization & Collective Bargaining Agreement, Rodney William Cannon
Brooklyn Journal of Corporate, Financial & Commercial Law
Over a hundred years ago, the Supreme Court of the United States granted Major League Baseball (MLB) an antitrust exemption, allowing the organization to engage in anticompetitive practices that antitrust laws are designed to prevent. Today, MLB remains the only sports league with an antitrust exemption, despite legal challenges and inquiries, especially regarding its impact on the recently unionized Minor League Baseball players in 2022. Issues related to the exemption arise from the history of poor conditions for Minor League Baseball players in relation to their wages, living conditions, and transportation, among others. Despite recent improvements resulting from unionization and …
Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco
Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco
Brooklyn Journal of Corporate, Financial & Commercial Law
Online Fitness Platforms, like Peloton, have become ubiquitous in a modern post-Covid world. Fitness classes are catered to the musical interests of their users, increasing user satisfaction. Although technology has advanced to accommodate the remote fitness industry, the legal structures in place for synchronization licenses have not. Such platforms have a unique need to clear music on a quick and consistent basis that does not break the bank. Downtown Music Publishing LLC v. Peloton Interactive, Inc., highlights the necessity for a federal statutory scheme similar to those used for other music licenses. A solution that protects competition but does not …
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo
Brooklyn Law Review
Collective bargaining is the mechanism by which major sports leagues and their players unions have negotiated the terms and conditions of employment for many decades. One standard provision of these collective bargaining agreements is a draft eligibility rule governing the conditions by which prospective athletes are eligible for the league’s entry draft. These collective bargaining agreements exists at the intersection of two somewhat discordant areas of law: antitrust and labor law. Under antitrust law, Congress enacted a policy favoring competition and prohibiting unreasonable restraints on trade. On the other hand, under labor law, Congress enacted a policy favoring collective bargaining. …
Copyrighting Compositions: How Inconsistencies Within The Circumstancial Evidence Analysis Affects Musical Composition Copyright Infringement Plaintiffs, Stephanie Stern
Copyrighting Compositions: How Inconsistencies Within The Circumstancial Evidence Analysis Affects Musical Composition Copyright Infringement Plaintiffs, Stephanie Stern
Brooklyn Journal of Corporate, Financial & Commercial Law
To resolve a musical composition copyright infringement case, courts employ the circumstantial evidence analysis. This analysis involves assessing whether the two works are substantially similar and whether the defendant had access to the plaintiff’s copyright-protected work. Despite efforts to keep pace with the rapidly changing world of music creation, these tests have fallen behind: circuits are split with respect to the way they determine substantial similarity, and courts have failed to update the access requirement in the age of the internet. Additionally, courts must adhere to the rules of either the 1909 Copyright Act or the 1976 Copyright Act, depending …
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Brooklyn Journal of International Law
The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.
Navigating Name, Image, And Likeness Policy In College Athletics – Issues And Solutions, Daniel Erber
Navigating Name, Image, And Likeness Policy In College Athletics – Issues And Solutions, Daniel Erber
Brooklyn Journal of Corporate, Financial & Commercial Law
College athletics, specifically the NCAA, has faced legal challenges throughout its history. In the wake of Alston and other Supreme Court decisions regarding antitrust violations tied to student-athlete benefits, many states proposed and passed laws explicitly allowing student-athletes at NCAA institutions to utilize their names, images, and likenesses for commercial purposes. With the state laws in direct conflict with NCAA rules, college sports entered an era of extreme uncertainty. While the NCAA attempts to maintain its grip on the commercial endeavors of student-athletes and member institutions, states and society are pushing a free market agenda geared towards liberalizing the economic …
Frustrating Morals: Is There An Implied Reverse Morals Clause In Publishing Agreements?, Matthew L. Fulton
Frustrating Morals: Is There An Implied Reverse Morals Clause In Publishing Agreements?, Matthew L. Fulton
Brooklyn Journal of Corporate, Financial & Commercial Law
In response to the #MeToo movement and the widespread condemnation of public figures for misconduct, book publishers adopted a standard contract provision used in other entertainment industries called a morals clause. Morals clauses allow a publisher to terminate the agreement if the author is subject to public condemnation. Although these provisions provide robust protection for publishers, these one-sided clauses provide no such protection for authors if publishers are subject to similar condemnation. Although authors may not have the leverage to negotiate reciprocal morals clauses, some authors may have an implied reverse morals clause through the frustration of purpose defense to …
Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa
Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa
Brooklyn Journal of International Law
There is a current movement by indigenous weavers in Guatemala to protect their textile designs due to the harm caused by the absence of the weavers’ intellectual property ownership over the designs and patterns. The exploitation and appropriation of their designs by domestic and international companies has hurt weavers’ livelihoods and has led to culturally inappropriate and insensitive uses of religious and traditional patterns. Conventional intellectual property law (copyright, trademark, and patent law) fails to protect indigenous peoples’ intellectual property rights. A key weakness within conventional intellectual property law is the emphasis and focus on individuality of the creation process. …
Regulatory Outlook For Derivatives Based On Sports Outcomes, Benjamin Augugliaro
Regulatory Outlook For Derivatives Based On Sports Outcomes, Benjamin Augugliaro
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note dives into the intersection between two distinct areas: sports gambling and derivatives. ErisX had the keen idea to use sports-based futures contracts for hedging purposes, and thought that because of these hedging purposes, it would not be rubbing up against any sports gambling laws. However, the Commodity Futures Trading Commission (CFTC), in charge of regulating the trading of futures contracts, still presented a problem for ErisX. The CFTC prohibits futures contracts involving “gaming,” and while the purpose of these contracts are not speculative, they still involve sports. Therefore, a new CFTC body equipped to deal with sports-based contracts …
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, the pornography industry has been the target of countless attempts to delegitimize sex work, but it still endures as a legal industry. Nevertheless, financial service providers such as banks and third-party payment processors have circumvented providing the industry fair access to their services, under vague pretexts such as reputational risk. While porn is not the only marginalized industry affected by unfair treatment from financial service providers, it is among the most targeted. This note gives context to this issue and provides that access to the global marketplace should not be limited by financial institutions functioning as de facto legislators, …
Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry, Andrew Ramstad
Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry, Andrew Ramstad
Brooklyn Journal of International Law
Despite humble beginnings, the advent of the modern internet has seen the explosion of e-sports into an industry commanding hundreds of millions of annual viewers and nearly a billion dollars in annual advertising revenue. Facilitating this expansion has been a shift from independently run competitive e-sports leagues to leagues created and operated by the developers of the league’s underlying game. This vertical integration by developers increases e-sports accessibility to viewers, but at the cost of decreased player bargaining power and professional flexibility. The integration further incentivizes ever-increasing working hours and self-destructive or rule-breaking behavior by players to stay competitive. This …
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
Brooklyn Journal of International Law
Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Brooklyn Journal of International Law
Social media is a pervasive and ever-present aspect of many peoples’ lives. Its use permeates nearly every aspect of our existence – there truly is an app for everything. Most notably, social media operates internationally both in scope and usage allowing for the creation of an astounding global society that shares cultures and perspectives in a way unprecedented in human history. Never before have societies been as interconnected as they are now. Unfortunately, such interconnectedness comes with the issue of globalizing enforcement of copyright laws. Infringement runs rampant online and forces creators to struggle against a seemingly faceless foe in …
The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano
The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano
Brooklyn Journal of International Law
In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …
An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher
An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher
Brooklyn Law Review
Despite winning numerous World Cup championships and securing the title as the number one female soccer team in the world, the United States Women’s National Team (USWNT) has taken the silver medal to its male counterpart, the United States Men’s National Team (USMNT), in one specific area: compensation. In an effort to level the playing field, the USWNT recently filed a lawsuit under the Equal Pay Act (EPA) against its single common employer, United States Soccer Federation (USSF), which owns both the USWNT and the USMNT. At first blush, it might be hard to reconcile this phenomenon. However, upon closer …