Entertainment, Arts, and Sports Law Commons^™

Influencing Immigration: The Need For Immigration Reform In The Age Of Social Media Influencers, Sydney Wong

Loyola of Los Angeles Entertainment Law Review

The social media “influencer” has become a powerful marketing tool for American businesses to advertise their products and services. Foreign influencers have the ability to help American businesses reach international markets and are an effective solution to the marketing challenges that come with trying to break into these international markets. However, if a foreign influencer visits the United States and performs paid marketing work for an American business without a work visa, then the influencer will have violated U.S. immigration law. Indeed, even a seemingly harmless sponsored Instagram post may be a violation.

The clear solution to this problem would …

The Power Of The Modern Media On An “Impartial” Jury: A Deeper Look At The Kobe Bryant Wrongful Death Lawsuit, Tatum Lowe

Loyola of Los Angeles Entertainment Law Review

The impact of the modern media on jury impartiality has never been more prevalent than today. Whether in criminal or civil trials, courts are faced with adjudicating cases with constant media coverage. This is especially concerning when these issues gain nationwide coverage thus leaving very few people without some sort of preconceived notion or opinion on the case. Courts today are now faced with jury pools that come in with “knowledge” and preconceived opinions before any client has had a chance to make their case. Thus, it is not surprising that the defendant in the Kobe Bryant wrongful death suit …

Epic Games V. Apple: Tech-Tying And The Future Of Antitrust, Emma C. Smizer

Loyola of Los Angeles Entertainment Law Review

Antitrust and “Big Tech” firms are under renewed scrutiny, in part due to the dispute between Epic Games and Apple. This lawsuit strikes at the heart of the growing phenomenon of “tech-tying,” a form of vertical integration in digital aftermarkets where monopolistic tech firms condition the use of their operating systems on the added use of other complimentary software or services. Judicial attitude toward claims of tying has shifted considerably over recent decades, resulting in lax enforcement against vertical integration arrangements. This Comment argues that Apple’s conduct constitutes “tech-tying” and that competitors should be permitted to enter the aftermarkets of …

Privacy As A Collective Norm, John Shaeffer, Charlie Nelson Keever

Loyola of Los Angeles Entertainment Law Review

As the economic value of aggregating personal data has grown, so too have concerns over the economic power “owning” such data gives to those who collect it. Existing legal regimes governing data privacy have struggled to strike a balance between protecting personal privacy and preserving the economic efficiencies that can be gained by permitting the collection and exploitation of personal data. This Article proposes a collective re-conceptualization of one subset of personal data: information about what we do, say, and like. This data has little value in isolation—it only becomes valuable when combined with the information about what others do, …

Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum

Loyola of Los Angeles Law Review

No abstract provided.

Warner Bros. V. Nelson: A Prelude To The De Havilland Law, John M. Broderick

Loyola of Los Angeles Entertainment Law Review

In 1944, the California Court of Appeals handed down its landmark decision in De Haviland v. Warner Bros ending the practice of studios extending personal service contracts beyond the statutory limit of seven years by adding suspension periods incurred during the contract term. “Suspension/extension” could double the term of an actor’s contract. The De Haviland case has justly received much attention, but an earlier case, Warner Bros. v. Nelson, in which Bette Davis also challenged the practice of suspension/extension, merits more attention than it has received.

In Warner Bros. Nelson, Davis argued that her studio contract should not …

Flash Infringement 2.0: Protecting “Unique Performance” From Live Social Media Distribution As A Right Of Publicity, Michael M. Epstein

Loyola of Los Angeles Entertainment Law Review

This Article posits that state law right of publicity actions offer a potential remedy for non-musical performers who fall victim to the phenomenon of “flash infringement,” the instantaneous and unauthorized uploading and dissemination of performances by live event audiences. In 2021, comedians, actors and magicians, may be able to use the right of publicity to protect the value of their unique performances, since their non-musical acts are not covered by the Federal Anti-Bootlegging Statute. Moreover, under California law, secondary liability actions with respect to this unique performance right might allow performers to sue social media companies for providing a commercial …

Reimagining Content Moderation: Section 230 And The Path To Industry-Government Cooperation, Yeva Mikaelyan

Loyola of Los Angeles Entertainment Law Review

In February 2020, the Ninth Circuit held that YouTube, as a private entity, does not have to provide First Amendment protections to its content creators. The holding was not surprising or groundbreaking, but the case served as catalyst in the discussion of how platforms should moderate content. This was further amplified when over the summer, Twitter started to add warnings under some of President Donald Trump’s tweets. In response, the President called to “REVOKE 230.”

“230” refers to Section 230 of the Communications Decency Act. At a high level, Section 230 allows platforms to moderate content at their discretion without …

Reorganizing In The Wake Of Mission Prod. Holdings V. Tempnology: How To Address The Trademark And Bankruptcy Law Issues Created By The Supreme Court’S Recent Decision, Kayla N. Ghasemi

Loyola of Los Angeles Entertainment Law Review

Bankruptcy law seeks to provide a “fresh start” for debtors and an equitable distribution of funds to creditors. Trademark law, on the other hand, aims to ensure proper source identification and protect the public from deception. These policies converge when a trademark owner or licensor has licensed use of the mark to others and hopes to reject this licensing agreement in bankruptcy. Prior to the Supreme Court’s decision in Mission Prod. Holdings v. Tempnology, LLC, there was a circuit split regarding the licensee’s rights upon the bankruptcy of and rejection by the licensor. Some circuits held that the licensee’s rights …

Influencers: Not So Fluent In Disclosure Compliance, Keith Coop

Loyola of Los Angeles Entertainment Law Review

The Fyre Festival is one of the most infamous disasters in music festival history. Lesser known to the public is that the influencers involved in Fyre Festival’s influencer marketing campaign were required to disclose their payments for endorsing the event. These types of disclosures are regulated by the Federal Trade Commission (“FTC”) pursuant to its authority granted under the Federal Trade Commission Act (“FTC Act”). The disclosure requirement is set forth in the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”), which are nonbinding instructions that educate influencers on how to comply with Section 5 …

Twitter, Parody, And The First Amendment: A Contextual Approach To Twitter Parody Defamation, Emma Lux

Loyola of Los Angeles Entertainment Law Review

Twitter parody defamation cases raise novel questions about how to translate defamation law to Twitter’s interactive platform. What constitutes a “reasonable” reader on Twitter? What content is relevant to interpreting the meaning of a tweet from a parody account? The answers to these questions will have far-reaching effects for online speech. Parody authors are already vulnerable to defamation liability, particularly on Twitter where their statements often appear with very little context. Twitter parody accounts, which produce important political and social commentary, risk defamation lawsuits, as well as, in some states, criminal liability for online impersonation. This Note proposes a methodology …

All The News That's Fit To Hide: Sexual Assault And Silence In Hollywood And The Lawyers Who Let It Happen, Neil Fulton

Loyola of Los Angeles Entertainment Law Review

Hollywood stars and moguls, sexual misconduct and harassment, investigative journalism, espionage, and unethical lawyer conduct—all this and more is on display in Ronan Farrow’s Catch and Kill: Lies, Spies, and a Conspiracy to Protect Predators. Working for NBC News and then The New Yorker, Farrow investigated allegations of serial sexual assault by Harvey Weinstein. He readily found women who said they had been assaulted by Weinstein, but getting those stories to the public required navigating an obstacle course of non-disclosure agreements, corporate legal departments, unethical conduct by Weinstein’s legal team, and even being followed by spies. In the end, however, …

Bottom Of The Ninth Circuit: Senne V. Kansas City Royals Baseball Corporation, Kevin Togami

Loyola of Los Angeles Entertainment Law Review

Major League Baseball (“MLB”) is a multi-billion-dollar business. While MLB contracts can be worth well over $300 million, there are thousands of minor leaguers in the shadows of MLB making between $3000 to $7500 a year. These players survive in poor living conditions, receiving salaries far below federal minimum wage. They endure years of financial struggle for the marginally slim chance of playing in “The Show.”

In Senne v. Kansas City Royals Baseball Corporation, minor leaguers took a stand and voiced their frustration with this unfeasible lifestyle. They filed a class action lawsuit against MLB asserting claims under the Fair …

Workers Of The Gaming World, Unite! The Uncertain Future Of The Video Game Industry In The Aftermath Of Ab 5, Natalie Kalbakian

Loyola of Los Angeles Entertainment Law Review

The video game industry is a rapidly growing and lucrative entertainment market. It has played an immense role in shaping the consumption of media. However, the reality of working conditions for the industry labor force largely behind these innovations is much less impressive. This Note examines the video game industry as a case study for the potential impact of California Assembly Bill 5 (“AB 5”) on industries that heavily rely on independent contractors with specialized skill sets.

First, this Note advances the argument that the video game industry has engaged in regulatory arbitrage by capitalizing on the loopholes created as …

Sex Is Not A Three-Letter Word: The Effect Of Manipulating The Definition Of "Sex" On The Future Of Transgender Athletes, Emily Grubman

Loyola of Los Angeles Entertainment Law Review

Title IX makes it unlawful for educational institutions receiving federal funding to discriminate “on the basis of sex.” But in the context of high school and college athletics, and specific to transgender athletes, what should the meaning of “sex” be? The Obama administration believed that “on the basis of sex” in Title IX includes “gender” in the meaning of “sex.” However, the Trump administration has proposed revoking that understanding, limiting the term “sex” to mean male or female, defined at birth. In the com- ing year, the Supreme Court may decide in R.G. & G.R. Harris Funeral Homes, Inc. v. …

Scuffed Chucks: Converse's Scuffle, The Federal Circuit's Overstep, And The Court's Stance On Trademark Infringement, Angela Tam

Loyola of Los Angeles Entertainment Law Review

The multi-billion-dollar footwear industry accounts for an enormous portion of the United States economy. Among the top brands, an iconic pair of shoes is the Converse All-Star Chuck Taylor. The rubber shoe company generated a global revenue of nearly $2 billion in 2019 alone. The consistent popularity of the Chuck Taylors over the last decades has prompted many copycats to try to mimic the company’s leading look.

The Federal Circuit recently ruled in a trademark infringement case, Converse Inc. v. International Trade Commission. The case followed Converse’s complaint against various footwear products, including brands such as Sketchers and New Balance, …

California, Are You There? It's The Entertainment Industry Calling And We Need Net Neutrality, Olivia Young

Loyola of Los Angeles Entertainment Law Review

With online streaming rapidly replacing cable as the preferred method of media consumption for viewers, demand for online content is at an all-time high. Behind the scenes of the entertainment evolution is an open and neutral Internet that facilitates equal access to all online content. Until recently, the Federal Communications Commission (FCC) committed to preserving the neutral net by passing Net Neutrality regulations that prohibited Internet Service Providers (ISPs) from blocking, throttling, or prioritizing online content. That changed on December 14, 2017, when the FCC repealed Net Neutrality, lifting the restrictions that once prevented ISPs from differentially transmitting online content. …

Attempts Towards A Zero-Sum Game: A Recurring Imbalance Between Individual Privacy And The Fourth Amendment, Christopher Netniss

Loyola of Los Angeles Entertainment Law Review

The digital era we live in today allows society to work, shop, socialize, and even monitor one’s health without having to leave the confines of one’s home. In a recent landmark privacy case, Carpenter v. United States, the individual privacy implications of the Fourth Amendment were strengthened when the Supreme Court held that the government must generally obtain a warrant before collecting more than six days of historical cell-site location information from a third-party service provider, like Verizon. Cell-site location information could implicate numerous Fourth Amendment concepts, such as the third-party doctrine, mosaic theory, and public exposure doctrine. Refusing to …

Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney

Loyola of Los Angeles Entertainment Law Review

Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost?

Currently, there is no federal law that regulates the collection, use, and storage of biometric information in the private sector. On a local level, three states have enacted laws that specifically address biometrics. Of those, the Biometric Information Privacy Act (BIPA) in Illinois provides the strongest protections for consumers, who …

Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan

Loyola of Los Angeles Entertainment Law Review

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN) expanded top-level domains, such as .com, .net, and .org, to include a very wide variety of new terms. One of the new options is .sucks. This Article examines the potential for conflict when trademark holders seek to protect their mark in the context of the .sucks domain. There is a temptation to see this issue in terms of consumers’ free speech rights pitted against corporate interests. However, the recent privatization of ICANN does not bode well for promoting consumers’ First Amendment rights in domain name battles.

Be Honest With Me: How Federal Regulation Of Sports Gambling Must Protect The Integrity Of The Game, Grant Ellfeldt

Loyola of Los Angeles Entertainment Law Review

On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA). Before the Court’s decision, PASPA had entirely prohibited states from legalizing sports gambling. In light of their newfound liberty, states began to individually legalize and regulate sports gambling. The federal government did not wait long to introduce their own regulations. On December 19, 2018, Congress introduced the Sports Wagering Market Integrity Act (SWMIA). At its core, SWMIA is designed to protect the integrity of professional sports.

To protect the integrity of professional sports and prevent fraud, SWMIA must accomplish three things. First, because …

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …

An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista

Loyola of Los Angeles Entertainment Law Review

This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this …

How The Holding In Dent V. National Football League Tackles Collective Bargaining Agreements, Nairi Dulgarian

Loyola of Los Angeles Entertainment Law Review

In 2014, a group of retired professional football players sued the National Football League (“NFL”), claiming that the league distributed con- trolled substances and prescription drugs to them in violation of state and federal laws. The trial court ruled that the players’ state law claims are preempted by section301 of the Labor Management Relations Act (“LMRA”), and that the players should instead follow the arbitration procedures set out in the agreed upon collective bargaining agreement. However, the Ninth Circuit reversed the NFL’s motion to dismiss on the grounds that the players’ claims are not preempted by section 301. Ultimately, the …

Taxation In The Cyber Age: The Future Of Wayfair, Hasmik Hmayakyan

Loyola of Los Angeles Entertainment Law Review

This Comment aims to act as a guiding source for potential issues that will arise from South Dakota v. Wayfair, which was decided in August 2018. The Wayfair decision changed the long-held requirement that states can only collect sales taxes from sellers that have a physical presence within the state.

Under Complete Auto Transit, Inc. v. Brady, the Supreme Court put forth a test that states must meet if they wish to collect a sales tax from sellers. One of the prongs of this test allows a state to collect a sales tax from a seller if the seller has …

Towards A New California Revised Uniform Fiduciary Access To Digital Assets Act, Michael T. Yu

Loyola of Los Angeles Entertainment Law Review

California enacted the Revised Uniform Fiduciary Access to Digital Assets Act (the California RUFADAA) to govern the disclosure (or non-disclosure) of digital assets when a California resident dies. Digital assets include not just emails and social media accounts but may also include online files and assets, digital currencies, domain names, and blogs. The California RUFADAA ostensibly governs the disclosure of digital assets only when a California resident dies, and it, therefore, does not govern the scenario when a California resident becomes incapacitated and can no longer handle his or her digital assets. This scenario is likely to become more common …

Blurred Justice, Allen Madison, Paul Lombardi Ph.D

Loyola of Los Angeles Entertainment Law Review

This article discusses a recent controversial copyright case involving inspiration. Marvin Gaye’s family, who owns the copyright to “Got to Give It Up,” claimed that “Blurred Lines,” made famous by Robin Thicke, infringes on the family’s copyright. The Gaye family prevailed at trial. At summary judgment, the Federal District Court permitted the case to go to trial without determining whether there were elements to “Got to Give It Up” that were unprotected as unoriginal, commonplace musical ideas, or musical building blocks. Had the court made such a determination, it is doubtful the case would have gone to trial. The summary …

The Flsa And The Ncaa's Potential Terrible, Horrible, No Good, Very Bad Day, Sam Ehrlich

Loyola of Los Angeles Entertainment Law Review

The NCAA is at a crossroads with student-athlete compensation. Over the past few decades, the NCAA and its partners have faced lawsuits from several different angles with essentially one consistent argument: Student-athletes deserve to be compensated for what they provide to colleges and universities.

In two such lawsuits—Dawson v. NCAA and Livers v. NCAA—the plaintiffs have attempted a new strategy: arguing that revenue sport student- athletes are employees under the Fair Labor Standards Act (“FLSA”). These cases have gained some traction, and the distinctive protections granted to employees under the FLSA present unique challenges worth exploring.

This Article analyzes the …

Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.

Loyola of Los Angeles Law Review

No abstract provided.

When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei

Loyola of Los Angeles Entertainment Law Review

Even after the International Olympic Committee’s quick and harsh response to the “black power salute” in the 1968 Olympic Games— positing that the apolitical Olympic Games were not a suitable venue for domestic political statements—athletes continued using their platform to protest human rights violations. Should such conduct be allowed? Are athletes entitled to display their political opinions on the field? Or should athletic organizations be allowed to regulate their athletes’ protests and political speech in the arena? On the one hand, freedom of speech is a fundamental human right. On the other, sports have a long history of remaining apolitical—limiting …