Entertainment, Arts, and Sports Law Commons^™

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …

Disentangling The Right Of Publicity, Eric E. Johnson

Northwestern University Law Review

Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person’s name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is.

This Article explains how, in the absence of a clear enunciation of its …

The Future Of College Athlete Players Unions: Lessons Learned From Northwestern University And Potential Next Steps In The College Athletes' Rights Movement, Marc Edelman

Cardozo Law Review

On January 28, 2014, the Northwestern University football players filed a petition with the National Labor Relations Board (NLRB) seeking to become the first group of college athletes to form a union. Although the NLRB'S Thirteenth Region concluded that Northwestern University grant-in-aid college football players constituted "employees" under the National Labor Relations Act, the NLRB Board Members nevertheless declined to assert jurisdiction because they believed the proposed bargaining unit would not "promote stability in labor relations."

This Article explores the future prospects for organizing Football Bowl Subdivision football players and Division I men's basketball players after the NLRB's decision in …

Not Throwing In The Towel: Challenging Exclusive Interscholastic Transgender Athletic Policies Under Title Ix, Thomas R. Smith

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Sports, Media & Millennials: Evolving Landscape Of Consumer Demand, Andrew Brandt, Mark Jackson, Oliver Luck, Mike Nardi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Draft Protection Insurance: Elite Athlete Loss-Of-Value Policies And The Emerging Wave Of Coverage Litigation, Daniel J. Kain, C. Scott Toomey, Robert L. Joyce

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Legality Of Daily Fantasy Sports Is In Gamble In Some States: A Closer Look At New York And Delaware's Response To This New(Ish) Trend, Roni Mathew

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Class Is In Session: Putative Class Action Could Forever Alter The "Grant-In-Aid" Compensation Of College Athletes, Michael D. Ford

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell

Duke Law & Technology Review

Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This is most unfortunate, for there, a vicious cycle has taken hold: high litigation costs discourage many market participants from taking cases to trial or summary judgment in order to vindicate their legal rights, even when they have strong cases. Thus, parties settle almost every case, which in turn prevents resolution of longstanding precedential questions in critical areas of copyright law. The legal uncertainty resulting …

If You Build It, Will They Come? How Baseball’S Antitrust Exemption Impacts Franchise Relocation, Christopher O'Shea

DePaul Journal of Sports Law

No abstract provided.

Collegiate Athletes As Employees: An Analysis Of The Northwestern Football Challenge And Its Relation To The Columbia Nlrb Ruling, Jared Fattore

DePaul Journal of Sports Law

No abstract provided.

The Gray Problem: Should Athletes Be Punished For Their Social Media Posts?, Garry A. Gabison

DePaul Journal of Sports Law

No abstract provided.

Whatever Happened To The International Convention Against Doping In Sport: The United States Ratified It, But Then What?, Genevieve F.E. Birren Esq., Dr. Robyn Lubisco

DePaul Journal of Sports Law

No abstract provided.

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

University of Richmond Law Review

No abstract provided.

Modifying Amateurism: A Performance-Based Solution To Compensating Student–Athletes For Licensing Their Names, Images, And Likenesses, Chaz Gross

Chicago-Kent Journal of Intellectual Property

Amateurism is evolving and the NCAA is paying for it. With the NCAA’s focus set on preserving amateurism, it prohibited student–athlete compensation for any activity related to sports. However, college athletics are a lucrative business that generates its primary revenue from licensing Division I men’s basketball and FBS football players’ names, images, and likenesses. After years of criticism for its rules and regulations, the NCAA faced antitrust scrutiny from both former and current student–athletes. In 2015, the U.S. Court of Appeals for the Ninth Circuit held that the NCAA’s restrictions on student–athlete compensation violated the Sherman Antitrust Act. While the …

Ecological Economics And Sport Stadium Public Financing, Christopher M. Mcleod, John T. Holden

William & Mary Environmental Law and Policy Review

Given the recent importance that sport organizations, academics, and the public have placed on environmental sustainability this Article introduces the study of ecological economics—founded upon Nicholas Georgescu-Roegen’s application of thermodynamics to economics—to legal perspectives on public financing. The authors argue that the economic growth limits implied by thermodynamic principles should be incorporated in the public financing of sport stadiums. More specifically, municipalities can require facilities receiving public financing to produce environmental cost accounting reports and to make them publically available.

Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer

Georgia Journal of Law & Technology

No abstract provided.

The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro

Seton Hall Circuit Review

No abstract provided.

Sidelining Big Business In Intercollegiate Athletics: How The Ncaa Can De-Escalate The Arms Race By Implementing A Budgetary Allocation For Athletic Departments, Lora Weurdeman

North Carolina Central Law Review

No abstract provided.

Agency Motivations In Exercising Discretion, David L. Markell

Scholarly Publications

No abstract provided.

Leveling (Up) The Playing Field: A Policy-Based Case For Legalizing And Regulating Esports Gambling, Matthew Dobill

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Comment: Equal Access Requires Full Captioning Of Music And Song Lyrics For The Deaf And Hard Of Hearing, Frances Choi

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Comment: Ray V. Espn, Inc. And The Need For Further Development In Copyright Preemption Analysis Of The Right Of Publicity In Professional Sports, Thomas Hwang

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Equitable Resale Royalties, Brian L. Frye

Law Faculty Scholarly Articles

A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held …

Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.

Comment: United States V. Nosal Ii, Futoshi Dean Takatsuki

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Stop The 'Nazzi': Why The United States Needs A Full Ban On Paparazzi Photographs Of Children Of Celebrities, Dayna Berkowitz

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

A Square Peg In A Round Hole: The Current State Of The Video Privacy Protection Act For Videos On The Internet And The Need For Updated Legislation, Schooner Sonntag

Loyola of Los Angeles Entertainment Law Review

No abstract provided.