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Articles 1 - 30 of 130
Full-Text Articles in Entertainment, Arts, and Sports Law
Copyright, Incentives, And Popular Music Composition, Glynn S. Lunney Jr.
Copyright, Incentives, And Popular Music Composition, Glynn S. Lunney Jr.
Faculty Scholarship
The rise of file sharing and the subsequent collapse in sales of recorded music offer a rare glimpse into a counterfactual world where copyright, for a time, was weakened. Comparing creative output before and after this exogenous shock allows us to test empirically whether incentives to copyright owners were correlated with creative output. In this article, I extend previous work on this issue from recording artists to songwriters and search for a correlation between incentives and popular music composition. In particular, I test three hypotheses. First, I test whether more incentives were associated with more or better popular musical compositions. …
Taxes And Tournaments, Alex Raskolnikov
Taxes And Tournaments, Alex Raskolnikov
Faculty Scholarship
What is the best way to reduce economic inequality? Economists, lawyers, political philosophers, and politicians have pondered this question for decades. Yet there is another group of savvy and highly motivated individuals who have been thinking about redistribution for just as long. Commissioners of the National Football League, the National Basketball Association, the National Hockey League, and Major League Baseball, together with team owners and player unions, have been inventing and reinventing ways to redistribute resources, and they continue to do so today. The same is true of the President of National Collegiate Athletic Association, along with the heads of …
The Sports Parent's Predicament, Katharine B. Silbaugh
The Sports Parent's Predicament, Katharine B. Silbaugh
Faculty Scholarship
Youth sport enjoys a favored status in American culture, encouraged by policymakers and local communities, pursued by parents, and remembered through rose-colored lenses by adults. Most lawyers are familiar with Justice Harry Blackmun’s ode to the magical qualities of baseball in Flood v. Kuhn, in which he took the liberty of running through his own memories of scores of baseball legends.1 Congress and presidents want children to continue in sport.2 Many in the health field argue that sport is important because exercise is important, and sport is treated as the natural manifestation of exercise.3 An enormous number—perhaps …
Fútbol Profesional, Derecho De La Competencia Y 'Fair Play', Stephen Ross
Fútbol Profesional, Derecho De La Competencia Y 'Fair Play', Stephen Ross
Faculty Scholarship
El presente ensayo examina la relación entre el derecho de la competencia y la noción de «Fair Play» en el ámbito del fútbol profesional. El autor comienza analizando el significado lingüístico y filosófico del término «Fair Play» y valorando cómo las diferentes interpretaciones de esta noción pueden influir en la percepción de lo que se entiende por justicia en el deporte. A continuación, compara la aplicación del derecho de la competencia en EE.UU. y Europa, destacando que, aunque hay diferencias, no existe un verdadero conflicto entre la noción de «Fair Play» y la normativa en materia de competencia. Finalmente, defiende …
Redefining The Scope Of Anti-Discrimination Law: Illuminating Colorism As A Basis For Discrimination Claims By Black Entertainers, Tolulope Odunsi-Nelson
Redefining The Scope Of Anti-Discrimination Law: Illuminating Colorism As A Basis For Discrimination Claims By Black Entertainers, Tolulope Odunsi-Nelson
Faculty Scholarship
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 …
How Theories Of Art Can Inform Debates About Ai, Jessica Silbey
How Theories Of Art Can Inform Debates About Ai, Jessica Silbey
Faculty Scholarship
Debates about artificial intelligence (AI) tend to swing between the optimistic and the apocalyptic. I propose a less binary approach that frames conversations about AI from the perspectives of theories of art and creativity. Whether we agree that AI is artificial or intelligent, whether it should be constrained or liberated, we cannot deny its influence on literary, artistic, and innovative production. AI may be described as simply a new tool to produce art and science, like the camera or the microscope, or it may transform art and science, the way the internet transformed global communication. Either way, these debates about …
What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik
What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik
Faculty Scholarship
In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …
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.
Would Jackie Robinson Play Baseball Today? How Baseball Owners Conspire To Restrain Trade And Foster Unequal Opportunities For Player Development, Stephen Ross
Faculty Scholarship
No abstract provided.
The Ncaa's Challenge In Determining Nil Market Value, Meg Penrose
The Ncaa's Challenge In Determining Nil Market Value, Meg Penrose
Faculty Scholarship
This Article proceeds in three parts. Part II discusses the changes that NIL has wrought in college athletics. It briefly explains collectives and their impact on NIL. Part III discusses the impossibility of limiting athletes’ “fair market value” given market value depends on what the market is willing to pay. Congress has failed to pass national legislation. Yet the mosaic of state laws is simply unfit to stand in for national legislation. And, following multiple litigation losses, the NCAA cannot be trusted to “value” the athletes themselves. Market value, if one is to be established, must be uniform and assessed …
Utility, Copyright, And Fair Use After Warhol, Keith N. Hylton
Utility, Copyright, And Fair Use After Warhol, Keith N. Hylton
Faculty Scholarship
This paper is a reaction to AWF v. Goldsmith (Warhol), which finds that Warhol’s adaptation of a photograph of Prince, taken by photographer Lynn Goldsmith, is not protected from copyright liability by the fair use defense. The Warhol dissent accuses the majority of being overly concerned with the commercial character of Warhol’s use, while the dissent emphasizes the artistically transformative quality of Warhol’s adaptation. These different approaches provide strong evidence that the theory of fair use remains unclear to the Court. There is a need for a simple positive theory of the fair use doctrine. That need was largely …
Foreword, Jessica Silbey
Foreword, Jessica Silbey
Faculty Scholarship
Most of us think we are familiar with graffiti – lettering on trains or graphic images on walls that follow us as we walk by. But Enrico Bonadio’s new book on graffiti and street art opens a door to more complex and nuanced worlds of artists and their communities. The focus is on everyday creators of graffiti and street art. Built from nearly 100 interviews and hundreds of hours of observation, the book is filled with the voices of artists and vivid details of their plein air studios and interactions. Also present in the book is the author, who weaves …
Promoting Female Sporting Opportunities Without Title Ix: The Spanish Experience, Stephen Ross, Maria Josefa Garcia Cirac
Promoting Female Sporting Opportunities Without Title Ix: The Spanish Experience, Stephen Ross, Maria Josefa Garcia Cirac
Faculty Scholarship
This article compares the American approach to improving sporting opportunities for females – Title IX – with approaches taken by Spain. Because of the singular American dedication to elite interscholastic and intercollegiate sports, Title IX’s requirement of equal treatment requires that elite female athletes have equivalent opportunities to elite male athletes. The Spanish approach looks instead on the social benefits of athletics participation for boys, men, girls, and women.
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Faculty Scholarship
In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.
At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …
The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi
The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi
Faculty Scholarship
In the first quarter of 2021, the sales of art in the form of Non-Fungible Tokens (“NFTs”) reached over $200 billion dollars. The arrival of NFTs in the mainstream art market has profoundly shaped the way artists exploit their works. This sensational boom has attracted some of the world's biggest names across pop culture and sports, including celebrities such as Snoop Dogg, Paris Hilton, Post Malone, Tom Brady and Rob Gronkowski, to create their own NFT art. Director Quentin Tarantino has also capitalized on this craze through the creation of an NFT collection based on the film Pulp Fiction. However, …
When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa
When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa
Faculty Scholarship
Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …
Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon M. Garon
Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon M. Garon
Faculty Scholarship
Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right to manage over-the-air broadcasting. As content producers shift away from broadcast and cable, much of the government’s regulatory control will end, resulting in new consequences for public policy and new challenges involving privacy, advertising, and antitrust law. Despite the technological change, there are compelling government interests in a healthy media environment. This article explores the …
Let's Get Serious - The Clear Case For Compensating The Student Athlete - By The Numbers - A University Of Michigan Athletic Program Case Study, Neal Newman
Faculty Scholarship
Should college athletes be compensated for their play and if so, how? The first question has been a debate for some time now. But the second question—the “how”—not so much. This writing addresses both questions in depth. With the Ed O’Bannon case that was decided back in August of 2014 and the palaver the Northwestern football team raised in their efforts to unionize, it is acknowledged that the discussions on this issue may have reached its crescendo years ago. That is until now. On September 27, 2019, Gavin Newsom, the Governor of California, signed into law Senate Bill 206. Senate …
Criminalizing Match-Fixing As America Legalized Sports Gambling, Jodi Balsam
Criminalizing Match-Fixing As America Legalized Sports Gambling, Jodi Balsam
Faculty Scholarship
No abstract provided.
Abram I. Elkus: The New York Yankees’ First Lawyer, Robert Jarvis
Abram I. Elkus: The New York Yankees’ First Lawyer, Robert Jarvis
Faculty Scholarship
No abstract provided.
The Precarious Position Of The Fourth Estate In Trumptopia: The Role Of Popular Culture And The Law In Protecting Media Freedom, Taylor Simpson-Wood
The Precarious Position Of The Fourth Estate In Trumptopia: The Role Of Popular Culture And The Law In Protecting Media Freedom, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood
As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Minimum And Maximum Protection Under International Copyright Treaties, Jane C. Ginsburg
Minimum And Maximum Protection Under International Copyright Treaties, Jane C. Ginsburg
Faculty Scholarship
This Comment addresses minimum and maximum substantive international protections set out in the Berne Convention and subsequent multilateral copyright accords. While much scholarship has addressed Berne minima, the maxima have generally received less attention. It first discusses the general structure of the Berne Convention, TRIPS, and the WCT regarding these contours, and then analyzes their application to the recent “press publishers’ right” promulgated in the 2019 EU Digital Single Market Directive.
Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey
Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey
Faculty Scholarship
This symposium essay is adapted from my forthcoming book Against Progress: Intellectual Property and Fundamental Values in the Internet Age (Stanford University Press 2021 forthcoming). The book’s primary argument is that, with the rise of digital technology and the ubiquity of the internet, intellectual property law is becoming a mainstream part of law and culture. This mainstreaming of IP has particular effects, one of which is the surfacing of on-going debates about “progress of science and the useful arts,” which is the constitutional purpose of intellectual property rights.
In brief, Against Progress describes how in the 20th century intellectual property …
Michael Vick, Robert Byrd, And The Case For Redemption, Vinay Harpalani
Michael Vick, Robert Byrd, And The Case For Redemption, Vinay Harpalani
Faculty Scholarship
At the 2020 Pro Bowl, former NFL quarterback Michael Vick will be honored as one of the legends captains. Vick’s selection has sparked controversy, because in 2007, he was convicted of operating a dog fighting ring. Vick has served his prison sentence, and beyond that, he has sought redemption. We should extend forgiveness and let the NFL honor Michael Vick.
The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh
The Legal Design For Parenting Concussion Risk, Katharine B. Silbaugh
Faculty Scholarship
This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the “Lystedt” youth concussion legislation in all fifty states, and yet the extensive legal literature about that legislation contains no discussion of parents as legal actors and makes no effort to situate their statutory role into the larger legal framework of parental authority. This Article considers the …
The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen
The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen
Faculty Scholarship
This article will explore on the portrayal of lawyers and the legal system in Daredevil comic books, particularly issues published in the Twenty-First Century. Because the Daredevil movie and the first two seasons of the Netflix television series have already been examined from various legal perspectives in past articles, this piece will highlight legal storylines from the comics themselves. This exploration is important because writers of future Netflix seasons will surely draw story elements from the comics discussed here and will very likely adapt these exact stories, encouraging the larger television audience to seek out and read the original comics. …
The Ncaa And The Irs: Life At The Intersection Of College Sports And The Federal Income Tax, Richard L. Schmalbeck, Lawrence A. Zelenak
The Ncaa And The Irs: Life At The Intersection Of College Sports And The Federal Income Tax, Richard L. Schmalbeck, Lawrence A. Zelenak
Faculty Scholarship
Few organizational acronyms are more familiar to Americans than those of the National Collegiate Athletic Association (NCAA) and the Internal Revenue Service (IRS). Although neither organization is particularly popular, both loom large in American life and popular culture. Because there is a tax aspect to just about everything, it should come as no surprise that the domains of the NCAA and the IRS overlap in a number of ways. For many decades, the strong tendency in those areas has been for college athletics to enjoy unreasonably generous tax treatment-sometimes because of the failure of the IRS to enforce the tax …
Semenya And Asa V Iaaf: Affirming The Lawfulness Of A Sex-Based Eligibility Rule For The Women’S Category In Elite Sport, Doriane Lambelet Coleman
Semenya And Asa V Iaaf: Affirming The Lawfulness Of A Sex-Based Eligibility Rule For The Women’S Category In Elite Sport, Doriane Lambelet Coleman
Faculty Scholarship
No abstract provided.
Sports In The Courts: The Ncaa And The Future Of Intercollegiate Revenue Sports, Paul H. Haagen
Sports In The Courts: The Ncaa And The Future Of Intercollegiate Revenue Sports, Paul H. Haagen
Faculty Scholarship
No abstract provided.