Entertainment, Arts, and Sports Law Commons^™

The Unfairness Of Fairness: Legal Architecture For Polarized Media, Alim Ulbashev

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Artificial Intelligence And Facial Recognition Technology Are Rewriting The Olympic Playbook's Security Infrastructure: An Examination Of The Paris Games And The Prospective Los Angeles Games, Ani Tarakchyan

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Take It To The Court: The Legal Tightrope Of The Nba’S Promise Of Players, Madeline M. Law

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Unprotected: The Lack Of Legal Safeguards For Child Entertainers, Paul Simpson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Myths And Legal Implications Of Cancel Culture, Yekun Zhou

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

"Diss," That, And The Other: The Legal Implications Of 'Diss Tracks', Roy S. Gutterman

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Finding Our Harmonies: Why And How Music Should Be Licensed For Use As Ai Training Material, Samantha Dietrich

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Problems Facing The Concert Ticketing Industry: Examining Foreign Laws And What The Us Can Learn From Them, Samuel Baker

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Your Spotify Wrapped Year In Review – Data Privacy Edition, Saba Amid

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Entertainers Vs Ai: A Comparative Analysis Of The Unionized And Non-Unionized Entertainers' Approaches To Ai, Nicole Askar

Loyola of Los Angeles Entertainment Law Review

While the implementation of artificial intelligence (“AI”) could revolutionize the efficiency of the workforce, workers remain hesitant to embrace AI as it could minimize their role in the economy. During the summer of 2023, the Writers Guild of America (“WGA”) and the Screen Actors Guild (“SAG-AFTRA”) striked against the Alliance of Motion Picture and Television Producers (“AMPTP”), citing disagreements about AI policies as a primary concern. Both the WGA and SAG-AFTRA enacted policies that emphasize the need for consent. The Recording Academy and streaming services diligently monitored the influx of AI into the music industry. While unionized groups took hardline …

Game On: Navigating The Trademark Arena - Risks, Registrations, And Statutory Interpretations, Angelika Avagian

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Title Vii & The First Amendment: Perpetuating The Lack Of Asian American Representation In The Entertainment Industry, Mandri Randeniya

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Publicity Rights And Copyright Law: Conjoined Authorship As A Red Herring, Mira Moldawer

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Ncaa Enactment Of A Disciplinary Policy: Uniformity To Regain Institutional Legitimacy, Matteson Landau

Loyola of Los Angeles Entertainment Law Review

This article examines issues surrounding decentralized disciplinary systems and inconsistent enforcement against student-athletes who engage in criminal misconduct across the National Collegiate Athletic Association (“NCAA”). The NCAA recognizes the inherent conflicts of interest that arise when institutions are left to regulate their own recruiting practices. To negate these conflicts, the NCAA has established a robust disciplinary system, the NCAA Committee on Infractions, which oversees investigations into violations of NCAA Bylaws, reviews materials provided by the athlete and/or institution, and issues binding rulings which may include suspensions and fines. Yet the NCAA fails to see how the same conflict issues arise …

Why The Protect Working Musicians Act's Proposed Antitrust Exemption Needs To Be Enacted, Olivia Finlayson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Proof Is In The Data: How Ethereum And Efficient Audits Can Reduce Litigation In The Streaming Era, Keri Ogden

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Getting A Handle On The Taxation Of Sports Betting, Samuel Craig

Loyola of Los Angeles Entertainment Law Review

Sports betting is not merely a 21st century novelty; however, recent legislative and societal changes have allowed sports betting to bloom into a widespread phenomenon in America. The rapid emergence of sports betting in American life has caused states to react with legislation ranging from full-stop bans to partnerships with sportsbooks to capitalize on this lucrative and newly legal activity. While plenty of discussion can be found regarding the social and political considerations of legalizing gambling and related activities, no comprehensive legal scholarship has focused specifically on the taxation of sports betting. Sports betting exists in a relatively unique position …

E.T. Phone Home: Can Hollywood's Big Break Include Fixing Environmental Carnage And Human Rights Violations From Co-Productions, Haley N. Carson

Loyola of Los Angeles Entertainment Law Review

With the continuous rise of globalization and the interconnectivity of nations, co-productions are becoming the new “hit” for movies and shows. When two or more foreign nations come together for entertainment purposes, co-productions are formed. How do these nations join forces for “movie magic?” Big brother film commissions, such as the Association of Film Commissioners International and the European Convention on Cinematographic Co-Production, aid in the facilitation of co-productions.

While consumers are unaware of the details and fine-print behind these co-productions, watchers might be surprised to learn that more than one-third of Hollywood’s productions are being produced abroad. Although these …

Cassandra's Curse Or Cassandra's Triumph: Three Tales Of Intellectual Property Revised, Mira Moldawer

Loyola of Los Angeles Entertainment Law Review

Cassandra’s curse, which assured that her prophesies will come true, but that no one would ever believe her, evokes three major predictions in regard to Intellectual Property in the information era. First, the information era requires no “Law of the Horse”, as phrased by Judge Easterbrook, as a sound law of intellectual property be applicable to digital technologies as well, instead of creating new law for every new step in technology’s evolution. Secondly, Lessig’s seminal “code is law” reframed this dilemma, in reference to private conglomerates versus legislative authority. Thirdly, John Perry Barlow, in his ʻDeclaration of the Independence of …

Explicit Lyrics: The First Amendment Free Speech Rulings That Have Protected Against Music Censorship In The United States, Eric T. Kasper

Loyola of Los Angeles Entertainment Law Review

As noted by the U.S. Supreme Court in Ward v. Rock Against Racism (1989), calls for music censorship are at least as old as Plato’s Republic. Attempts to punish artists for their music continue across the globe to the present day. In the United States, these attempts have been thwarted by key Court precedents on incitement (Brandenburg v. Ohio, 1969), true threats (Watts v. United States, 1969), profanity (Cohen v. California, 1971), and obscenity (Miller v. California, 1973). None of these precedents dealt with music, but after Southeastern Promotions, Ltd. v. …

The Digital Dilemma: Counterfeit Culture And Brand Protection Reform In The E-Commerce Era, Ani Khachatryan

Loyola of Los Angeles Entertainment Law Review

In recent decades, the Internet’s growth has revolutionized the modern shopping experience. With the rise of e-commerce platforms, consumers can now instantly access thousands of products. Unfortunately, the ease of online shopping has also supported the development of counterfeit culture and fueled a coinciding increase in trademark infringement. Furthermore, given the expected expansion of e-commerce, brand identity conveys substantial value in online marketplaces. This backdrop, coupled with a surge in trademark litigation since Tiffany v. eBay, demonstrates the importance of trademark reform. The current framework for assessing trademark infringement in e-commerce settings disproportionately burdens small businesses, and this Comment …

Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels

Loyola of Los Angeles Entertainment Law Review

As emphasized by the European Commission Vice President for the Digital Single Market, “the way people enjoy culture and entertainment has completely changed- and this is good. But it is important that we don’t leave creators in the cold.” In response to pleas from songwriters, publishers and performing rights organizations (“PROs”) to allow free-market bargaining for public performance licenses of the PROs’ members’ musical compositions, the unanimously passed Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA”) was signed into law on October 11, 2018. Title I of the MMA, the Musical Works Modernization Act (“MWMA”), strives to alleviate several concerns …

Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine

Loyola of Los Angeles Entertainment Law Review

The Second Circuit and the Ninth Circuit are currently divided on the issue of how far back a copyright owning plaintiff in a copyright infringement can collect in damages against a continuing infringer. The Second Circuit states that the Copyright Act’s three-year statute of limitations and the discovery rule only permit plaintiffs to collect damages three years back from the date they bring their infringement action. However, the Ninth Circuit states that the three-year statute of limitations is only concerned with the timing in which a plaintiff brings her infringement action, and that she can recover all of the damages …

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …

One Too Many Sticks For The Trademark Bundle? The Unintended Consequences Of Luxury Brands’ Push For A Post-First Sale Authentication Right, Betina A. Baumgarten

Loyola of Los Angeles Entertainment Law Review

The unprecedented and exponential growth of resale is both a rose and a thorn to the luxury market. Some fashion brands construe resale as an opportunity to diversify and expand their client base; while others, who firmly subscribe to a luxury philosophy grounded in exclusivity, believe resale threatens everything from their brand allure to their very existence. Indeed, when Chanel declared that “[o]nly Chanel itself can know what is genuine Chanel,” it opened Pandora’s box by providing far more than a peek into its litigation strategy. Chanel’s declaration all but declared war on the secondary resale market in not only …

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 …