Entertainment, Arts, and Sports Law Commons^™

Jazz V. Law: An Overview Of Copyright Law For Jazz Musicians, Trevor Thompson

University Honors Theses

The United States copyright system has become increasingly complicated and has developed a bias toward written, notated mediums over performance mediums. This bias can be traced from the Statute of Anne through the modern system under the Copyright Act of 1976, and it directly affects jazz musicians' ability to comply with copyright laws and properly receive royalties for their work. This study traces the evolution of copyright law from 1710 to the present, noting important cases such as White-Smith Music Pub. Co. v. Apollo Co., McIntyre v. Double-A Music Corporation, and Tempo Music, Inc. v. Famous Music Corp. …

Rewriting The Podium: An Evaluation Of The Court Of Arbitration For Sport’S Efficacy Through Olympic Medal Disputes, Sarah E. Smith

Senior Theses

International sport holds unique power and opportunity to unite the global population around a common entity. Large-scale international sporting events such as the Olympic Games and the World Cup maintain influence and importance across cultures and societies, and offer the world the opportunity to celebrate the tenacity, hard work and willpower of their fellow citizens. At the same time, they also provide the space for all of the world’s nations to engage with one another peacefully and constructively to build relations that extend far beyond the boundaries of a single competition. Therefore, an area of society which holds such clear …

The End Of Amateurism: Title Ix Challenges In The New Ere Of College Athletics, Georgia G. Kemmett

Honors Theses

This thesis examines whether emerging revenue-sharing models in intercollegiate athletics following the House v. NCAA settlement can be reconciled with Title IX’s mandate of sex-based equity. While antitrust law has accelerated the collapse of NCAA amateurism by dismantling restrictions on athlete compensation, the resulting revenue-sharing framework risks concentrating financial benefits in male-dominated sports, particularly football and men’s basketball, thereby raising significant legal and policy concerns under federal civil rights law.

Through analysis of Title IX doctrine, antitrust jurisprudence, OCR guidance, NIL regulation, congressional reform proposals, and emerging litigation involving gender identity and athlete eligibility, this thesis argues that commercialization and …

A New Playbook: The Procedural Resilience Of Oregon’S Rooney Rule In The Wake Of Students For Fair Admissions V. Harvard, Jada I. Cook

CMC Senior Theses

This article evaluates the constitutionality of Oregon’s codified Rooney Rule considering the Supreme Court’s decision to end affirmative action in Students for Fair Admissions (SFFA) v. Harvard. Passed in 2009, the Oregon mandate requires public universities to include at least one minority applicant in the interview process for all head coaching vacancies. By analyzing the architectural origins of the Rooney Rule within the National Football League (NFL) and the systemic racial exclusion it sought to dismantle, this research explores whether interview-stage mandates, that are applied at the state level, can survive the rigorous application of the strict scrutiny standard. …

Right To Work Laws – The Effects On Unionization With A Theatrical Emphasis, Jade A. Randle

Political Science Undergraduate Honors Theses

A look at the impacts that right to work laws may have on theatrical unions.

Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson

Political Science Theses and Capstones

In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …

Anchoring Athlete Safety: A Case Study Of The Minor Athlete Abuse Prevention Policies Of Usa Gymnastics, Daniel Ray Raney

Experience Industry Management

In response to the unprecedented scrutiny following the Larry Nassar case, USA Gymnastics initiated comprehensive policy reforms aimed at strengthening the safeguarding framework for its minor athletes. The purpose of this study was to examine the organization's current minor athlete abuse prevention policies and evaluate their effectiveness. A case study was conducted on USA Gymnastics through a tool created by the researcher with data collected from USA Gymnastics Safe Sport Policy, the US Center for Safe Sport, and USA Gymnastics governing structure. While USA Gymnastics has created a formidable policy to protect its minor athletes, significant gaps still remain. The …

An Ethical Analysis Of Sports Specialization And The Harms It Poses To Youth Athletes, Caleb Bohannon

Honors Theses

Whereas youth sports in the United States were once commonly funded by local or state park and recreation commissions, current commercialization trends within the industry have caused youth sports to become increasingly commodified. Now, youth sports use private pay-to-play, or “competitive” sports models. Attempting to maintain a competitive advantage over their peers and further their athletic pursuits in this context, more youth now seek to specialize in their respective sports. When youth specialize, they focus their participation on a single sport for most of the year, which interferes with their participation in other sports and activities. This thesis explores neglected …

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …

Opportunity And Oversight: The Nil And College Football Through The Lens Of Ole Miss, Emma Harrington

Honors Theses

Since 2021, student-athletes have been reaping financial benefits of the commercialized use of their name, image, and likenesses (NIL). In addition to engaging in direct endorsement contracts with third party businesses, student-athletes are likewise working with NIL collectives to secure novel forms of funding opportunities. In this thesis, the current system of Name, Image, and Likeness (NIL) utilized in collegiate athletics will be examined. While NIL can be a beneficial source of income and exposure to student athletes across the country, the set of rules, or lack thereof, in effect is not substantial enough to maintain a safe and healthy …

The Rise And Fall Of A Video Game Dynasty And Its Road Back To Glory, Kade Rogerson

Marketing Undergraduate Honors Theses

For years the EA Sports NCAA Football series had been a long-standing success story in the world of sports video games. Combining the unique feel of collegiate athletics with the realistic nature of the game that its technology provides led the series to be a major source of revenue for Electronic Arts, Inc. in the extremely competitive and profitable industries of video games and sports merchandising.

However, the series came to an abrupt halt in 2013. Spearheaded by the O’Bannon v. NCAA lawsuit, EA was forced to discontinue the series after legal action was taken regarding the game’s unauthorized use …

Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante

Honors Undergraduate Theses

This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …

Evaluating Copyright Protection In The Data-Driven Era: Centering On Motion Picture's Past And Future, Chieh-Li Pai

Maurer Theses and Dissertations

Since the 1910s, Hollywood has measured audience preferences with rough industry-created methods. In the 1940s, scientific audience research led by George Gallup started to conduct film audience surveys with traditional statistical and psychological methods. However, the quantity, quality, and speed were limited. Things dramatically changed in the internet age. The prevalence of digital data increases the instantaneousness, convenience, width, and depth of collecting audience and content data. Advanced data and AI technologies have also allowed machines to provide filmmakers with ideas or even make human-like expressions. This brings new copyright challenges in the data-driven era.

Massive amounts of text and …

Fighting For The Right To Dance In Nyc’S Public Parks, Caithlin Peña

Capstones

Kanami Kusajima is an ink dancer and street performer who dances and creates art at Washington Square Park. She’s also been clashing with the Park Enforcement Patrol officers, who patrol the area. Her attempts to create a safer space for her fellow performers brings to light the complicated rules and regulations as well as the obstacles street performers face on the daily. Link to capstone project: https://medium.com/@caithlin.pena53/fighting-for-the-right-to-dance-in-nycs-public-parks-2cab922d1a1c

The Future Of Name, Image, And Likeness In Advertising, Olivia E. Nuss

LSU Master's Theses

This study explores the unique intersection of the law and the theories of communication related to a student athlete’s ability to receive compensation based off their name, image, and likeness (NIL). The purpose of this study is to understand the future of NIL legislation application as it relates to emerging media and student-athletes’ privacy interests in order to better understand influencer marketing and the impact new legislation will have on student-athlete brand deals. Through a series of semi-structured, in-depth interviews, I explored industry trends in NIL as it relates to brand partnerships and advertising, focusing on key players, methods, and …

The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism, Terek J. Kirsch

Senior Honors Projects, 2020-current

This paper examines the progression of the intercollegiate athletic space, from a small regatta in 1852 to the massive athletic environment we know now in contemporary society. It finds the National Collegiate Athletic Association snared in a trap of circular logic that has been closing in on it since its conception, as it has defined collegiate athletes as amateurs and then proceeded to argue for amateur status for those athletes because of the definition that it wrote. This paper concludes in its final two chapters, after analyzing the recent Supreme Court case NCAA v. Alston, and the Name, Image, and …

The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts, Sarah Tonos

Honors Theses

In the age of social media influencers turning social media platforms into jobs– monetizing pictures of their cats, dancing for dollars, or even making a mockery of themselves for fame and money, the question of whom to trust or distrust has become increasingly important among consumers. As more brands are starting to collaborate with influencers, it is essential to acknowledge the current relationship among all parties involved, including the Federal Trade Commission. There is currently a blurred line among trust, distrust, authenticity, and reliability during sponsorships. The common question among consumers is whether social media influencers believe in the brand …

The Durability Of Authenticity: An Examination Of The Art Conservator’S Role In Preserving Authenticity, Emily Crozier

MA Theses

This thesis will focus on the conservation of privately owned paintings by deceased artists to determine the durability of authenticity. The concept of authenticity is fragile and illusive. However, there are certain theories and attributes which help to determine whether a painting is authentic. It is generally agreed that the authenticity of a painting can be maintained or lost through conservation. It is therefore presumed that the conservator is ethically driven to preserve the authenticity of a painting as its cultural value is of paramount importance in the conservation process. However, conservation is not a purely ethical issue as it …

Using Canadian Law To Prevent, Respond To And Remedy Maltreatment In Sport: Listening To And Learning From Athletes, Wendy Macgregor

LLM Theses

This thesis addresses maltreatment of athletes in Canada, in the post-Nassar era, by considering applicable law, policy, academic literature and a qualitative study. Athlete maltreatment may include: psychological, physical and sexual maltreatment, and neglect. Prevalence and impacts of maltreatment are examined. Legal and administrative options available to complainants are discussed, as well as applicable international human rights and child rights conventions, Canadian legislation, legal principles, and jurisprudence. An academic literature review provides maltreatment definitions in order to lay the groundwork for the discussion. Academic perspectives and proposals for redress are considered. A qualitative athlete study produced four key themes which …

Buffer Zones And The Recreational Golf Sector: A Negligence Case Content Analysis, Natalie Bird

Graduate Theses and Dissertations

Buffer zones are a risk management method used within sport and recreation to protect participants and spectators from avoidable injury. Within the recreational golf sector, buffer zone standards do not exist. This poses a problem as golf courses in the recreational sector serve a wide range of customers in terms of age, skill level, and experience. A legal case content analysis of 1,561 golf negligence lawsuits aimed to answer research questions related to locations of incidents, circumstances that led to injury, and injuries or damages that were the result of errant golf shots. A Westlaw search provided the data for …

The Canadian Anti-Doping Program And The Charter Of Rights And Freedoms, Kate Scallion

LLM Theses

This thesis examines the relationship between the Canadian Anti-Doping Program (CADP) and the Charter of Rights and Freedoms. First, the CADP is explored in depth, including the origins of anti-doping in Canada generally, how Canada's anti-doping regime aligns with international anti-doping regimes, and how the CADP functions in practice. Next, whether or not the Charter applies to the CADP is analyzed, looking at whether the administrator of the CADP, the Canadian Centre for Ethics in Sports (CCES), meets the criteria of a "government actor," as well as determining if the CADP itself would be considered a government action and thus …

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …

Adapt Or Die! The Social And Economic Dynamics Of Japan’S Animation Industry, You Pan

Master's Projects and Capstones

This research explored and discussed about Japanese animation industry, past, present, and possibilities to a better future. While there is existing literature on Japanese animation, this research will focus on a case study that will discover the bright side of Japanese animation market, while addressing the existing problems within the animation industry or potential issues at present times. By illustrating the existing and potential issues as well as the bright side, the objective of this research is to help the Japanese animation industry to survive under the depressive economic environment. My research will identify reasons for low productivity of high …

Moral Rights: The Economic Ramifications Of Moral Rights Under Vara In The U.S., Akilah Chandler

MA Theses

When balancing the interests of the art market gatekeepers including patrons, dealers, and auction house intermediaries, with the interest of artists, artists have always bared the shorter end of the stick. It has been almost 30 years since the U.S. legal system acknowledged moral rights and a lifetime that artist have had to defend those rights. However, the question remains— how has the art market balanced these conflicting interests and at what expense? This paper will explore the effects moral rights have on an artist’s market and with that, the overall art market. This paper will also cover the ramifications …

Protest Of Controversial Art In New York City Museums In 2017-2018: Reactions, Responses, And Legal/Ethical Obligations Of Museums In The Age Of #Metoo, #Blacklivesmatter, And Activism On The Internet., Isabel Telonis

MA Theses

Over the last two years, museums in New York City have experienced a rise in protest and backlash against the display of works of art, particularly those that are perceived as offensive, controversial, and relevant to current sociopolitical issues.

This thesis explores three case studies of controversy at the Metropolitan Museum of Art, the Whitney Museum of American Art, and the Solomon R. Guggenheim Museum, all of which faced protest and public criticism over particular works of art and responded in a unique way to their respective scandal. This study is comprised of an introduction, four chapters, and a conclusion. …

College Students And Corporate Social Responsibility: An Examination Of Corporate-Social Responsible Behavior In College Athletics From The Students’ Perspective, R. Jacob Gilbert

Theses and Dissertations

Much research has been done on corporate social responsibility in the business world. Additionally, while there are major gaps in research on the sports side of corporate social responsibility, there has been very little - if any - research done into corporate social responsibility in college athletics. With approximately 130 major Division I football programs with operating budgets rivaling major corporations, in addition to a plethora of other revenue sports, the actions of these institutions also need to be studied. Thus, in an effort to understand the socially responsible actions of these institutions, this paper dives into the student perspective …

Baseball And The U.S.-Cuban Diplomatic Relationship: Why Did Baseball Serve As An Ineffective Diplomatic Tool For The United States And Cuba?, Abbygale Sarah Martinen

Honors Theses and Capstones

No abstract provided.

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks …

The Resounding Impact Of Napster, Inc. An Analysis Of A & M Records, Inc. V. Napster, Inc., Isabella Kelly

CMC Senior Theses

When Napster was first launched on the Internet in August of 1999 by young programmer, Shawn Fanning, the intension was that the platform would easily link Internet users with the free MP3 downloads they sought out on the web. By the time an injunction against the platform was granted and upheld by a state then federal court, Napster had made a far bigger impact than simply linking music listeners with free downloads.

The proceedings of A & M Records, Inc. v. Napster, Inc. through the District Court Northern District of California then the United States Court of Appeals for the …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …