Entertainment, Arts, and Sports Law Commons^™

100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott

Cardozo Arts & Entertainment Law Journal

The article reflects on the past 100 years of international intellectual property (IP) law, highlighting its evolution from regional agreements to global systems like the TRIPS Agreement. It emphasizes that IP rights are shaped by human policies and societal needs, not inherent qualities, making them adaptable. Current challenges include balancing IP protection with public access, addressing cybercrime, and grappling with AI-generated works.

The Past And Future In International Patent Law, Rochelle C. Dreyfuss

Cardozo Arts & Entertainment Law Journal

The organizers of the 2022 International Law Weekend asked us to consider how our fields have changed in the last century and to offer our thoughts about the future. For intellectual property, the changes have been formidable. The Industrial Revolution gave way to an Information Revolution. As a result, knowledge products now constitute a significant share of global wealth. And as the world increasingly endures crises like the recent pandemic, climate change, and food and energy insecurity, technological information will become even more important-indeed, crucial to the survival of the planet.

My own field is international patent law, where there …

The Next 100 Years Of International Intellectual Property: Integrating Human Rights And Corporate Social Responsibility, Julia Janewa Osei-Tutu

Cardozo Arts & Entertainment Law Journal

The article predicts that international intellectual property (IP) law will increasingly integrate human rights and corporate social responsibility (CSR) into its framework over the next century. This shift reflects a broader trend of balancing IP protection with societal concerns, such as public health, cultural heritage, and human development. The author argues that while the TRIPS Agreement established minimum IP standards, future agreements will prioritize equitable access to knowledge, medicines, and traditional knowledge, aligning IP law with global sustainability and human rights goals.

Advances In Patent Rights Acquisition In International Patent Law, Sarah R. Wasserman Rajec

Cardozo Arts & Entertainment Law Journal

The article examines the significant developments in international patent law over the past century, focusing on how procedural changes facilitated by treaties like the Paris Convention and the Patent Cooperation Treaty (PCT) have led to substantive shifts in domestic patent laws. It argues that while these procedural streamlinings aim to enhance efficiency, they have also influenced substantive legal changes, such as the U.S. transition from a first-to-invent to a first-to-file patent system. The author highlights the need to recognize how procedural harmonization can shape substantive patent law and policy.

Three Megatrends In The International Intellectual Property Regime, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

The international intellectual property (IP) regime has undergone significant transformation over the past century, shaped by three key megatrends: the rise of emerging countries, the increasing complexity of the regime, and spatial transformation driven by new technologies. These trends have reshaped the regime's standards, policies, and challenges, with profound implications for global economic and social welfare. The article critiques the regime's historical bias toward developed nations and its overemphasis on trade interests, advocating for a balanced approach that integrates public welfare and human rights considerations. It concludes that the regime's growing complexity necessitates new institutional frameworks and vocabularies to address …

Nine Copyright Things Every Library And Archive Should Know In 2023, Elizabeth Townsend Gard

Cardozo Arts & Entertainment Law Journal

The article argues that libraries are currently experiencing a "golden age" of protection from copyright liability, despite ongoing challenges. It highlights recent legal developments, such as the expansion of the public domain, updates to Section 108 of the Copyright Act, and the implementation of the Marrakesh Treaty, which collectively enhance libraries' ability to serve the public. However, the article also acknowledges significant legal setbacks, including adverse court rulings on controlled digital lending and state e-book laws, which complicate the landscape for libraries seeking to balance copyright compliance with public access.

Re-Striping: Predatory Trademarks And Common Signs, Lior Zemer, Or Morag, Yochai Rosner

Cardozo Arts & Entertainment Law Journal

Trademark laws were traditionally designed based on the belief that there was an infinite supply of eligible registrable signs. However, current studies show that trademark supply is finite, and that we are close to exhausting it. While trademark protection allows proprietors to distinguish between their goods or services from others, and allowing the public to do the same, the extent of such protection requires constant legal attention and reconsideration which, as contemporary trademark policies show, does not take place in the expected frequency.

One of the immediate consequences from this lack of attention is the rapid growth in strength of …

Should The Ncaa Be Subject To Title Ix?, Sarah Allen

Cardozo Arts & Entertainment Law Journal

The note argues that the National Collegiate Athletic Association (NCAA) should be held accountable under Title IX of the Education Amendments of 1972, despite its current exemption, due to its significant role in college athletics and the persistent gender disparities in treatment of male and female athletes. It advocates for overturning the Supreme Court's decision in NCAA v. Smith to bring the NCAA under Title IX purview.

Net Positive: Imposing A Duty To Warn On Baseball Stadium Operators, Eric Rothman

Cardozo Arts & Entertainment Law Journal

The note argues that the Baseball Rule, which shields stadium operators from liability for foul ball injuries if they provide minimal protections, is outdated and inadequate given modern conditions. It proposes modifying the rule to include a duty to warn spectators of each foul ball as it is hit, drawing on Japan's successful implementation of a real-time warning system. This approach balances spectator safety with the preservation of baseball's unique fan experience.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel 1: Race, Gender & Equity, Len Elmore, Jo Potuto, Kassandra Ramsey, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution of Name, Image, and Likeness (NIL) rights in college athletics, focusing on the challenges these rights present for race, gender, and equity. It highlights the need for legal and regulatory reforms to address disparities in NIL opportunities and ensure equitable treatment of student-athletes.

Why And What Federal Nil Rights Legislation Is Needed, Matthew J. Mitten

Cardozo Arts & Entertainment Law Journal

The article argues that federal Name, Image, and Likeness (NIL) rights legislation is essential to maintain the amateur/educational model of intercollegiate sports, preserve the distinction between college and professional athletics, and ensure competitive balance. It emphasizes the need for national uniformity to prevent conflicting state laws and address antitrust concerns.

Nil Collectives - Title Ix's Latest Challenge, Kassandra Ramsey

Cardozo Arts & Entertainment Law Journal

The article explores the intersection of Name, Image, and Likeness (NIL) Collectives and Title IX, arguing that while NIL Collectives are not directly subject to Title IX, colleges and universities must ensure these organizations comply with Title IX to maintain gender equity. Schools are responsible due to their federal funding and their promotion of these collectives, necessitating guidelines, education, and audits to prevent disparities in opportunities for male and female athletes.

The Supreme Court's Decision In Ncaa V. Board Of Regents: Did The Ncaa Really Misread It So Badly?, John Wolohan

Cardozo Arts & Entertainment Law Journal

Today, college athletes like LSU gymnast Olivia Dunne and Alabama quarterback Bryce Young can earn hundreds of thousands of dollars a year from social media and product endorsements. However; it was only a couple of years ago that the National Collegiate Athletic Association (NCAA) declared University of Central Florida football player Donald De La Haye ineligible to play because he refused to stop monetizing his videos on YouTube, thereby losing his scholarship. The purpose of this paper is to examine the impact the Supreme Court's 1984 decision in NCAA v. Board of Regents has had in the NCAA, going from …

The Nil Revolution: What's Next?, Andrew Zimbalist

Cardozo Arts & Entertainment Law Journal

The article examines the transformative impact of the NIL (Name, Image, and Likeness) revolution on college athletics, highlighting its legal, economic, and educational implications. It traces the evolution from historical amateurism to recent legal challenges, such as White v. NCAA and O'Bannon v. NCAA, which have reshaped compensation rules for student-athletes. The NIL revolution has introduced a new market where athletes can earn money, but it also raises concerns about equity, financial sustainability for colleges, and the educational welfare of athletes. The author argues that while the NCAA has struggled to lead reforms effectively, Congressional intervention may be necessary …

Ambushing Nil Restrictions: How Nil "Conflict Language" Policies Conflict With The First Amendment, Sam C. Ehrlich, Neal C. Ternes

Cardozo Arts & Entertainment Law Journal

The article argues that state NIL (Name, Image, and Likeness) laws and institutional policies restricting college athletes from signing sponsorship deals conflicting with school sponsors infringe upon athletes' First Amendment rights. These restrictions, often broad and imprecise, fail to meet constitutional standards, particularly under the Central Hudson test for commercial speech, and risk being struck down as unconstitutional prior restraints.

The Abandonment Of International College Athletes By Nil Policy, Victoria J. Haneman, David P. Weber

Scholarly Works

A new era in college sports dawned on July 1, 2021, when the National Collegiate Athletic Association announced that college athletes were (subject to various limitations and restrictions) entitled to earn money based upon their name, image, and likeness ("NIL"). NIL is now a billion-dollar industry. The more than 450,000 college athletes across the United States are now able to leverage NIL to make paid appearances, endorse products or services on social media, receive compensation for autograph signings, and promote local and national businesses. Excluded from most NIL opportunities, however, are the 12 percent of athletes recruited from outside of …

Trademarks In An Algorithmic World, Christine Farley

Scholarly Articles in Law Reviews & Journals

According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. The marketplace, however, is in the midst of a fundamental change. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI. Predictive analytics are changing how consumers shop. Search costs theory no longer accurately describes the function of trademarks in this marketplace. Consumers now have numerous digital alternatives to trademarks that more efficiently provide them with increasingly accurate product information. Just as store shelves are disappearing from consumers’ retail experience, so are trademarks disappearing from their …

Investment Bankers And Inclusive Corporate Leadership, Afra Afsharipour

Seattle University Law Review

Few major deals happen without the engagement and advice of investment bankers. Whether a company is undertaking an initial public offering or engaging in a large merger or acquisition deal, investment bankers play a central role in advising corporate executives. Successful investment bankers are devoted to cultivating relationships with executives. And these relationships place bankers in a position to earn tens of millions in fees for their advisory and service roles in connection with corporate dealmaking. Investment bankers’ constant endeavors to nurture relationships with executives, while also maximizing their own ability to enhance fees, commonly leads to allegations of double-dealing, …

Selective Patronage, Omari Scott Simmons

Seattle University Law Review

Contemporary academic corporate governance narratives have a blind spot. They focus on institutions, rules, regulations, processes, procedures, intermediaries, and market forces. Yet, missing in this narrative, is the impact of corporate leadership. Ignoring the “black box” of corporate leadership, particularly individual actors, renders an incomplete descriptive assessment as well as potential miscalculations. The examination of key historical figures and their corporate activism provides an important lens through which to identify potential challenges and opportunities related to the contemporary ESG movement.

Generally, this essay examines corporate leadership’s potential to address socio-political issues through the prism of Civil Rights Movement activism. Specifically, …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

#Metoo And The Corporation In Popular Culture, Brenda Cossman

Seattle University Law Review

#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …