Entertainment, Arts, and Sports Law Commons^™

Framing And Blaming In The Culture Wars: Marketing Murder Or Selling Speech?, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article uses the Pahler legal battle as a case study to examine the current culture wars that have placed the Hollywood recording and entertainment industries in the legal crosshairs of both legislative and judicial efforts to redefine popular teen culture. The first section demonstrates how the theories at issue in Pahler mirror the tactics used in the recent war against tobacco industry advertising that also allegedly targeted minors. Next, the Article situates Pahler within the context of Congressional hearings in the fall of 2000 that focused attention on the alleged Hollywood marketing of products featuring violent content to minors. …

For Entertainment Purposes Or Ad Majorem Dei Gloriam: Televangelism In The Marketplace Of Ideas, Juan G. Villasenor

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses the proposed legal responses to the problem of fraud by televangelists. Finding the solutions constitutionally deficient, politically unsound, or practically ineffective as deterrents, it then explores the possibility of a content-based restriction on televangelists' speech. The Note concludes that such a deliberate restriction on speech cannot withstand First Amendment scrutiny, regardless of the dishonesty or disingenuousness one may find in televangelists' tactics. Accordingly, despite the great potential for deception, televangelists' activities are, and should be, absolutely protected by the First Amendment. Any proposed remedy to deal with televangelism must occur in the marketplace of ideas, which is …

Chillin' Effect Of Section 506: The Battle Over Digital Sampling In Rap Music, Ronald Gaither

Vanderbilt Journal of Entertainment & Technology Law

Digital samples are to rap music as precedent is to the practice of law. Lawyers, mindful of the principle of stare decisis, mine court opinions for arguments to support legal theories. Similarly, rappers use the lyrics and musical arrangements found in previously recorded works to spin out new and creative pieces. But where-as no one worries when a lawyer quotes pieces of old case law to fashion her arguments in a novel case, rappers' heavy reliance on digital sampling routinely puts their community front and center in a debate over copyright infringement...

Considering the severity of most criminal penalties for …

Digital Performance Royalties: Should Radio Pay?, Bruce H. Phillips, Carl R. Moore

Vanderbilt Journal of Entertainment & Technology Law

We must acknowledge that some questions remain unanswered. Have we entered an era in which record labels, recording artists, record producers, and musicians will finally earn royalties for the public performance of their creations? Will the recent Copyright Office action be a watershed development in United States copyright law? Or will the broadcasters and their well-funded and powerful lobbying arm, the NAB, prevail in the end--if not in the courts, then in Congress? The only clear answer is simply this: not if the RIAA, the record labels' own well-funded and powerful lobbying arm, has anything to do with it. It …

Flag On The Play: 25 To Life For The Offense Of Murder, Sean Bukowski

Vanderbilt Journal of Entertainment & Technology Law

This Note will consider the extent to which the "professional athletic" community should add its own sanctions to those imposed by public law. First, it asks whether athletes are getting into more trouble than in the past, as it is possible that athletes are just following a trend of society, and thus are no more prone to violence than anyone else. Nevertheless, violent crime, especially that committed by role models like athletes, is especially damaging to society. Therefore, the Note then addresses why the sports leagues should care whether their athletes are committing such offenses.

It will then examine how …

Truckin' In Style Along The Avenue: How The Grateful Dead Turned Alternative Business And Legal Strategies Into A Great American Success Story, Brian C. Drobnik

Vanderbilt Journal of Entertainment & Technology Law

That the Grateful Dead were "different" undoubtedly is true on a broad social level. But it is not so easy to ascertain how they were different in the business and legal aspects of their enterprise. The ephemeral nature of their approach stems from the fact that they conducted their affairs within and alongside the world of statutes and contracts and yet provided themselves with a great degree of independence from that world. This Note will comment on the Dead's perspective on and their ultimate rejection of many of the business and legal strategies traditionally ascribed to in the industry. After …

How The Grateful Dead Turned Alternative Business And Legal Strategies Into A Great American Success Story, Brian C. Drobnik

Vanderbilt Law Review

That the Grateful Dead were "different" undoubtedly is true on a broad social level. But it is not so easy to ascertain how they were different in the business and legal aspects of their enterprise. The ephemeral nature of their approach stems from the fact that they conducted their affairs within and alongside the world of statutes and contracts and yet provided themselves with a great degree of independence from that world. This Note will comment on the Dead's perspective on and their ultimate rejection of many of the business and legal strategies traditionally ascribed to in the industry. After …

The Hollywood Shuffle: Protecting Film Investors, Mark Litwak

Vanderbilt Journal of Entertainment & Technology Law

In Los Angeles, the city of a thousand stories, many tales are told by financiers who complain they have been cheated by producers or distributors. As would be expected in any industry grossing about seven billion dollars annually at the domestic box office, the movie business attracts more than its fair share of disreputable characters. The glamour of the business ensures a steady stream of star-struck investors motivated by non-financial concerns. This combination of the unsavory and inexperienced often produces hand-shake deals made without the proper investigation and due diligence. Consequently, experienced investors often refuse to even consider film-related investments. …

The Changing Role Of Agents In Professional Basketball, Bappa Mukherji

Vanderbilt Journal of Entertainment & Technology Law

This Article will discuss the status of agents for NBA players after the adoption of the new collective bargaining agreement (the "1999 Agreement"). First, this Article will summarize the relevant provisions of the prior collective bargaining agreement (the "1996 Agreement") and illustrate how application of these provisions led the owners to declare a lockout. Next, it will review key provisions of the 1999 Agreement. It will conclude by discussing how the new CBA and the recent consolidation in the sports representation business will affect agents.

From The Editor, Steven Lopez - Editor

Vanderbilt Journal of Entertainment & Technology Law

Welcome to the second issue of The Vanderbilt Journal of Entertainment Law & Practice. As always, we have blended legal scholarship, readable style, and engaging design to create a publication that we hope is as informative as it is entertaining. In the areas of Music, Internet, Film/TV, and Sports, you'll hear from scholars, practitioners, students, and even a United States Congressman on issues that are timely, compelling, and relevant, to life and practice. We'd like to thank the professional and student writers whose sleep- less nights and deadline-driven efforts made this publication possible. We also owe a great debt of …

Don't Sell Out, Sell Bonds: The Pullman Group's Securitization Of The Music Industry, Hewson Chen

Vanderbilt Journal of Entertainment & Technology Law

Securitization is the selling of debt to investors. In general, securitization converts future income streams like credit card receivables or auto loan payments to present in-pocket cash. Notably, this transformation from future income to current wealth gives the issuer of the security immediate access to cash at less cost than other financing methods such as bank loans. In the 1970s, this technique was applied to the housing industry, and since then, securitization has evolved into greater varieties of income streams, including medical insurance, typhoon insurance, and unused airline tickets. The application of securitization in the entertainment industry, however, remains largely …

Concerts: Rated Or Raided? First Amendment Implications Of Concert-Rating, Deborah Cazan

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the constitutionality as well as practicality of two different concert-rating statutes. San Antonio ordinance 61,850, the first attempt at concert-rating, has never been challenged constitutionally. This Note asserts that if the ordinance were challenged, the Court would find it constitutionally valid on its face, despite the possibility of unconstitutional applications. However, some unconstitutional consequences remain. The second statute examined is one recently proposed by Senator Shugars in the Michigan state legislature. Like the San Antonio ordinance, this Note concludes that Senate Bill 239 would also withstand a constitutional challenge.

This Note examines the history and structure of …

A Journey Through Olympic Drug Testing Rules: A Practitioner's Guide To Understanding, Jill Pilgrim, Kim Betz

Vanderbilt Journal of Entertainment & Technology Law

While many top U.S. Olympic-caliber athletes have been drug tested throughout their careers, few truly understand the drug testing process. The ever-changing rules and regulations, as well as the increase in the number of doping control programs have proven to be confusing and sometimes inconsistent, despite appearing to assist in the fight against doping in sport. Many organizations cannot interpret their own rules, nor do they fully understand the jurisdictional issues that arise with respect to every sample taken, until they are caught in a crisis. This Article attempts to untangle the web of rules and regulations and provide athletes, …

Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory

Vanderbilt Journal of Entertainment & Technology Law

In clear cases of sexual harassment, it is easy and appropriate to punish improper, predatory behavior. In such cases, the victim will be compelled to report the abuse, and the school will be compelled to respond. But the athletic environment occupies the blurry periphery of conduct that violates personhood. Here, in the sports context, intimate contact is routine, whether in heated moments on the field or in the forced companionship on the road. There is an increased risk of sexual harassment because the very environment is characterized by close physical and emotional relationships as well as unequal power relations. Physical …

Music, Money, And The Middleman: The Relationship Between The Songwriter And The Publisher, Cornelius Cowles

Vanderbilt Journal of Entertainment & Technology Law

Money, along with creative drive and the chance to work in an exciting industry, push the publisher and songwriter both. This article seeks to help the songwriter under-stand the role of the music publisher, an indispensable and unavoidable part of the country music industry. It examines the songwriter-publisher relationship from the perspective of those people active in the industry and examines criticism of the publisher's role. It further analyzes the typically thorny legal and contractual issues faced by the songwriter in negotiating an exclusive songwriting agreement with the publisher. Finally, recognizing the special role of songwriters in Nashville, it addresses …

United We Stand: The Anti-Competitive Implications Of Media Ownership Of Athletic Teams In Great Britain, Jonathan E. Bush

Vanderbilt Journal of Transnational Law

This Note analyzes the increasing integration of the sports and broadcasting industries and the British framework for evaluating the permissibility of transactions furthering such integration. In the context of the recent attempted takeover of British football club Manchester United by Rupert Murdoch's British Sky Broadcasting, the Note examines how the Monopolies and Mergers Commission (MMC) was uniquely poised to fully consider the ramifications of this developing nexus of sports and media and evaluates the significance of the MMC's decision on the future of both industries.

A diverse array of domestic, international, political, and economic issues and implications face any court …

What Hath Ovitz Wrouqht: Agents V. Managers Revisited, Donald E. Biederman

Vanderbilt Journal of Entertainment & Technology Law

For more than 60 years, a feud has raged between artists' managers and talent agents. In part, this has to do with philosophical differences concerning the role which each plays in the development and furtherance of their clients' careers, and in part it concerns the levels of compensation each can receive. As a general rule of thumb, the job of an agent is to find work for his/her clients, whereas the job of a manager is to guide and develop the client's career. Of equal importance is the manner in which they are regarded by prevailing law. Agents have been …

Phoenix Rising: Inside The Owner's Box With Counsel To Jerry Colangelo, J. S. Ruffner

Vanderbilt Journal of Entertainment & Technology Law

In late spring of 1987, I received a telephone call that changed my law practice. Jerry Colangelo, General Manager of the Suns since its arrival in Phoenix as an expansion NBA franchise in 1969, called me to discuss representing a group of investors he was putting together for the purchase of the franchise. At the time, the Suns franchise was the only major professional sports team in Arizona and had been very successful. Unfortunately, the reputation of the team, carefully nurtured from its arrival, recently had been tarnished by allegations and investigations concerning drugs. Jerry explained that the Tucson and …

Art Speech, Marci A. Hamilton

Vanderbilt Law Review

Although many scholars have been in favor of providing first amendment protection for art, no one has offered a justification for its constitutional protection suited to art's singular capacities. Rather, commentators and courts have been inclined to place art under the rubric of general speech, which limits protection to ideas and content. Professor Hamilton argues that art offers significantly more than its content and deserves first amendment protection tailored to its particular potential. Art enables individuals to experience unfamiliar worlds and thereby to gain new perspectives on the prevailing status quo, including the government's. It performs this function without exposing …

Poetic Law: A Statement On Intent, Maxwell L. Stearns

Vanderbilt Law Review

In poetry, allegiance to the verse

Lends power to the message in the text

.it Shakespeare's consistency gave his words force

In Hamlet, in King Lear, and in Macbeth

. And yet upon us, free form's presence reigns

- Defenders claim, expands the poet's choice

Removing from the poet meter's chains,

Is likened to providing the mute, voice.

. . .

Stuck Between Interlocking Rings: Efforts To Resolve The Conflicting Demands Placed On Olympic National Governing Bodies, Marcia B. Nelson

Vanderbilt Journal of Transnational Law

As the monetary stakes in amateur athletics have increased so have the conflicts between athletes and the organizations that govern them. Caught in the middle of these conflicts are the Olympic National Governing Bodies as they try to implement the rulings of the International Olympic Committee and of the courts in their states. This Note surveys the Olympic organizational structure and the ability of United States athletes to seek relief in United States courts. Also, this Note examines the benefits and detriments of using arbitration to resolve disputes between amateur athletes and governing bodies. This Note concludes that the current …

The National Endowment For The Humanities: Control Of Funding Versus Academic Freedom, Alvaro I. Anillo

Vanderbilt Law Review

In 1989 government funding for the arts through the National Endowment for the Arts (NEA)' came under fire. Conservative groups vigorously attacked two controversial exhibits that received funding from the NEA. As a remedy for this supposedly inappropriate funding, conservative groups lobbied Congress strenuously either to dismantle the NEA or to limit its funding on the basis of content. The arts community responded with a vigorous campaign decrying such limits as an affront to artistic freedom and First Amendment rights. Congress placed the NEA, its funding procedures, and its record under close scrutiny when the agency applied in 1989 for …

Aesthetic Regulation Under The Police Power: The New General Welfare And The Presumption Of Constitutionality, Beverly A. Rowlett

Vanderbilt Law Review

This Article will examine the existing methods of analysis employed by courts in reviewing primarily aesthetic regulations, as well as the way in which those methods have been affected by the courts' continually evolving interpretation of the concept of general welfare. The Article argues that in many cases in which regulations based solely or primarily on aesthetic considerations have been upheld, the essential constitutional inquiries have been misdirected. This is because "nonaesthetic" justifications are asserted that either are wholly derived from aesthetic benefits, or have no basis in fact--and need none because of the presumption of constitutionality. Because the more …