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Articles 61 - 67 of 67
Full-Text Articles in Entertainment, Arts, and Sports Law
Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann
Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann
Washington Journal of Law, Technology & Arts
The video game industry has blossomed from a niche hobby into a mainstream cultural industry, outpacing global box office sales in annual revenue. Yet the price of a video game has barely increased since the industry’s inception, and the current standard price point of sixty dollars has survived for over a decade. Competitive market forces drive companies to invest ever more time and money into creating increasingly complex software in order to remain on the cutting edge of graphics and design, while simultaneously increasing revenue. Thus, video game developers and publishers have developed a multitude of alternative money- making services …
Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison
Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison
Washington Journal of Law, Technology & Arts
A group of former and current football and men’s basketball players, led by ex-UCLA basketball star Edward O’Bannon, brought an antitrust suit against the NCAA in the U.S. District Court for the Northern District of California. Their goal was to obtain an injunction ending the NCAA’s rules preventing players from being paid for the use of their names, images, or likenesses. Relying in large part on a 1984 Supreme Court case, NCAA v. Board of Regents of the University of Oklahoma, the NCAA claimed that there are specific procompetitive justifications for the restrictions, namely, amateurism and competitive balance. The …
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Washington Journal of Law, Technology & Arts
Technological advancements have created an emergent challenge for organizations attempting to monetize real-time information. Real-time data as a commodity is especially relevant in the sports industry. Sports leagues increasingly seek to control the dissemination of real-time data in conjunction with lucrative distribution agreements. We analyze the legal status of real-time sports data under both intellectual property law and the First Amendment, with our case-by-case analysis extending to spectators, gamblers, journalists, and non-gambling entrepreneurs. Although we conclude that the First Amendment protections are broad across all four categories, particularly when the underlying sporting event takes place on public land, we find …
Graffitti And The Visual Artists Rights Act, Amy Wang
Graffitti And The Visual Artists Rights Act, Amy Wang
Washington Journal of Law, Technology & Arts
Common adornments on the sides of freight trains, highway underpasses, and dark alleyways, aerosol paint designs now also boast recent appearances on high-fashion runways, in Top 40 music videos, and even at sophisticated art auctions. Graffiti, by any other name, is still generally associated with gang activity. However, the acceptance of street art by pop culture has legitimized spray painting as another expression of modern art and aerosol artists have proven they deserve recognition. Nonetheless, while intellectual property law extends protection to benefit other artists, its application is limited as a recourse for graffiti artists. Why? Because the irony of …
Consignment Catastrophes: Lessons From New York's Art Gallery Fraud, Megan Haslach
Consignment Catastrophes: Lessons From New York's Art Gallery Fraud, Megan Haslach
Washington Journal of Law, Technology & Arts
The 2007 collapse of Salander O’Reilly Gallery in New York City caught the attention of New York’s state lawmakers after artists and their heirs lost nearly $120 million in gallery owner Lawrence Salander’s schemes. This scandal ultimately led lawmakers to enact major changes in the state’s art consignment statute. The changes bolstered existing protections while adding additional safeguards for artists who choose to consign their works through galleries rather than selling them wholesale. This Article will examine the relationship between consignors and consignees, highlighting major vulnerabilities that current consignment statutes create for artist consignors. In Section I, this Article will …
Forced Turnovers: Using Eminent Domain To Build Professional Sports Venues, Peter Montine
Forced Turnovers: Using Eminent Domain To Build Professional Sports Venues, Peter Montine
Washington Journal of Law, Technology & Arts
If a city wants to keep a professional sports team within its borders, can that city use the power of eminent domain to do so? Although cities have not been able to successfully condemn the actual sports franchises within their respective cities, they have been successful in condemning land for the development of new sports venues intended to entice their teams to stay. In 2005, the City of Arlington, Texas invoked the power of eminent domain to condemn and destroy houses to make room for the Dallas Cowboys’ new stadium. In 2006, New York City used eminent domain on land …
Standardizing Warhol: Antitrust Liability For Denying The Authenticity Of Artwork, Gareth S. Lacy
Standardizing Warhol: Antitrust Liability For Denying The Authenticity Of Artwork, Gareth S. Lacy
Washington Journal of Law, Technology & Arts
Art authentication boards are powerful; their determinations of authenticity can render artwork worthless or add millions of dollars to market value. In the past, boards that denied authenticity of artwork typically risked tort liability for disparagement, defamation, or fraud. In Simon-Whelan v. Andy Warhol Foundation for the Visual Arts, Inc., however, an art collector alleged monopolization and market restraint after an authentication board denied the authenticity of his Andy Warhol painting by stamping “DENIED” on the back of it. The case is the first antitrust lawsuit against an authentication board to survive the defendant’s motion to dismiss. The decision …