Entertainment, Arts, and Sports Law Commons^™

Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson

Loyola of Los Angeles Entertainment Law Review

The Fourth Circuit’s recent decision in Class v. Towson University threatens the rights guaranteed to disabled persons under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (“Rehab Act”). The Acts demand that disabled persons not be excluded from activities based on unsubstantiated paternalistic concerns, and, where exclusion occurs, the Acts entrust courts to evaluate whether exclusion was warranted in light of the best available objective evidence. This Comment argues that by deferring to the speculative fears and subjective judgment of Towson University—the very entity accused of violating the ADA and Rehab Act in Class …

Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith

Loyola of Los Angeles Entertainment Law Review

Self-driving vehicles have the potential to revolutionize transportation for all Americans and will be especially beneficial for the more than fifty-seven million Americans with a disability. This Note offers a primer on a rapidly-developing area of law and policy that will permanently alter how Americans interact with transportation. While public availability of autonomous vehicles is anticipated as early as next year, widespread use of these vehicles is likely at least a decade away. The lag between current-day prototypes and future widespread public availability provides lawmakers, self-driving vehicle manufacturers, and the disability community an important opportunity to work together to shape …

Santopietro V. Howell's Misstep And The Need To Correct The Preventable Adverse Impact Of Vendor Licensing Laws On Street Performers' Expressive Conduct, Stephen Touchton

Loyola of Los Angeles Entertainment Law Review

Street performers and artists who engage in expressive activity in traditional public fora are often adversely impacted by the enforcement of vendor licensing laws. Cited, arrested, or negatively impacted in other ways for selling their goods or services, street performers and artists have brought First Amendment challenges to the enforcement of these laws against them. The Ninth Circuit’s recent opinion in Santopietro v. Howelland the Second Circuit’s opinion in Bery v. City of New York demonstrate how courts’ varied approaches to these challenges have led to inconsistent results.

This Comment first discusses why and how local governments should directly address …

Filter Wars: The Fight To Determine Filtering Rights Under The Family Movie Act And The Digital Millennium Copyright Act, Amanda Garcia

Loyola of Los Angeles Entertainment Law Review

The development of filtering and streaming technology over the last twenty years has put in to question the purpose and intent of legislation meant to encompass those technologies. This Comment considers the exclusive rights of copyright owners in their protected works, and the circumvention of the encryptions placed on DVD and Blu-Ray discs to prevent the unauthorized decryption, filtering, and streaming of those works. This Comment will weigh the rights of creators of expressive works, such as films and television shows, against the rights of the purchasers to filter the works. A new defense to circumvention liability will be raised …

Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan

Loyola of Los Angeles Entertainment Law Review

Gender-based wage discrimination in professional sports is wide-spread. Female athletes, competing individually or as part of a team, are consistently paid substantially less than their male counterparts. To combat such discrimination and eliminate the gender pay gap, Congress passed the Equal Pay Act (“Act”) in 1963. While born of good intentions, the Act falls drastically short of its intended goal. Its restrictive language—specifically, its “same establishment” requirement—excludes separately owned teams. As most men’s and women’s professional sports teams are separately owned, their players are effectively barred from bringing wage-discrimination claims. This Note proposes two ways of addressing that issue: (1) …

Judge, Jury, And Executioner: Roger Goodell And The Power To Punish, Ursula Petersen

Loyola of Los Angeles Entertainment Law Review

This Note examines the unbridled disciplinary powers granted to NFL Commissioner Roger Goodell. These powers, granted by the NFL’s Collective Bargaining Agreement, allow Goodell to indiscriminately punish NFL players for violent, off-field behavior. The increased media coverage of domestic violence and sexual assault—perpetrated by NFL players—has damaged the NFL’s public persona and resulted in loss of sponsorship. In response, Goodell has pledged to deter violent behavior and punish player indiscretions by crafting and implementing harsher Personal Conduct Policies.

This Note explores the history of NFL disciplinary policies and the legal challenges to Goodell’s disciplinary powers. Additionally, this Note looks at …

The First Amendment And Content Restrictions In State Film Incentive Programs, Dr. Joel Timmer

Loyola of Los Angeles Entertainment Law Review

In recent years, many states have offered incentive programs to lure film production and its associated economic benefits—increased jobs, spending, and tourism—to their states. Several of these programs have restrictions that deny incentives based on a film’s content. For example, Texas denies film incentives to projects that have “inappropriate content” or portray “Texas or Texans in a negative way.” This article concludes that these restrictions do not violate the First Amendment. Two key considerations factor into this conclusion: First, in granting subsidies, the government may apply criteria that would be impermissible in a regulatory context. Second, the denial of a …

Capitol Records V. Vimeo: How The Digital Millennium Copyright Act Is Outdated And In Need Of Revision, Dustin Johnson

Loyola of Los Angeles Entertainment Law Review

This Comment analyzes the Second Circuit Court of Appeals’ interpretation of the Digital Millennium Copyright Act (DMCA) in Capitol Records, LLC v. Vimeo, LLC, 826 F.3d 78 (2d Cir. 2016). Beginning with a brief overview of the DMCA’s history, this Comment acknowledges the Second Circuit’s holding in Viacom Int’l Inc. v. YouTube, Inc., 676 F.3d 19 (2d Cir. 2012). In Viacom, the Second Circuit set precedent with its interpretation of the knowledge requirements for safe harbor under section 512(c) of the DMCA.

In Capitol Records, the Second Circuit confirmed its holding in Viacom but missed an …

Battle Of The Band: Exploring The Unconstitutionality Of Section 2(A) Of The Lanham Act And The Fate Of Disparaging, Scandalous, And Immoral Trademarks In A Consumer-Driven Market, Tanya Behnam

Loyola of Los Angeles Entertainment Law Review

In the 2016-2017 term, the Supreme Court issued its opinion in Matal v. Tam, holding that the Lanham Act’s section 2(a) ban on disparaging trademarks—which prevents registration of any trademarks that the PTO deems to be disparaging to any groups or institutions—is unconstitutional. Although meant to only apply to section 2(a)’s ban on disparaging trademarks, the Court’s decision increases the likelihood that section 2(a)’s still-standing ban on scandalous and immoral marks are unconstitutional as well.

This Comment first reviews the basic principles of trademark law and the Lanham Act, summarizes Simon Tam’s legal battles, and briefly presents the conflicting …

Leveling (Up) The Playing Field: A Policy-Based Case For Legalizing And Regulating Esports Gambling, Matthew Dobill

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Comment: Equal Access Requires Full Captioning Of Music And Song Lyrics For The Deaf And Hard Of Hearing, Frances Choi

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Comment: Ray V. Espn, Inc. And The Need For Further Development In Copyright Preemption Analysis Of The Right Of Publicity In Professional Sports, Thomas Hwang

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Comment: United States V. Nosal Ii, Futoshi Dean Takatsuki

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Stop The 'Nazzi': Why The United States Needs A Full Ban On Paparazzi Photographs Of Children Of Celebrities, Dayna Berkowitz

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

A Square Peg In A Round Hole: The Current State Of The Video Privacy Protection Act For Videos On The Internet And The Need For Updated Legislation, Schooner Sonntag

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Deflategate: Tom Brady's Battle Against The Nfl And Arbitration, David Berger

Loyola of Los Angeles Law Review

No abstract provided.

Playing Around Hart And Keller's Full-Court Press: Designing A Federal Compulsory Licensing Regime For Rights Of Publicity That Enables Developers And Compensates Rights Holders, Will Bucher

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Twelfth Round: Will Boxing Save Itself?, Katherine Figueroa

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Online Gaming And The Pay-To-Win Problem: Legal Deterrence Or Industry Self-Regulation?, Simone Darakjian

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Stripping Down A Victory For Adult Entertainment: Showtime Entertainment, Llc V. Town Of Mendon, Ethan Bond

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

You'll Never Work In This Town Again: Employment, Economics, And Unpaid Internships In The Entertainment And Media Industries, Mark R. Swiech

Loyola of Los Angeles Law Review

No abstract provided.

By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller

Loyola of Los Angeles Entertainment Law Review

This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …

Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.

Loyola of Los Angeles Law Review

This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors …

Adapt Or Die: Aereo, Ivi, And The Right Of Control In An Evolving Digital Age, Johanna R. Alves-Parks

Loyola of Los Angeles Entertainment Law Review

The advent of the Internet has had a great effect on the production, distribution, and consumption of television programming. The Supreme Court granted certiorari to ABC, Inc. v. Aereo, Inc. and will now review the issue of unlicensed digital distribution of copyrighted programming in its Spring 2014 term. This Comment will first briefly examine the origins and interconnection between television and digital media, culminating in a discussion of the repercussions of allowing unlicensed over-the-top retransmissions of network broadcast programming to continue to stream over the Internet. It will then examine the decisions in WPIX v. IVI, Inc., ABC, Inc. v. …

Unringing The Bell: Publicly Funded Art And The Government Speech Doctrine, John Barlow

Loyola of Los Angeles Entertainment Law Review

This Article advances the novel argument that within the domain of removing publicly funded art from public display, the application of the Government Speech Doctrine is improper because of the current scope and policy considerations of the Doctrine, the mutable nature of art speech, and artist moral rights. As an alternative, this Article proposes a model statute legislatures should adopt that outlines an appropriate analytical framework for removing public art from public display that takes into consideration individual free speech rights, the government’s right to control its own messages, the nature of art speech, and artist moral rights.