Entertainment, Arts, and Sports Law Commons^™

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …

Reorganizing In The Wake Of Mission Prod. Holdings V. Tempnology: How To Address The Trademark And Bankruptcy Law Issues Created By The Supreme Court’S Recent Decision, Kayla N. Ghasemi

Loyola of Los Angeles Entertainment Law Review

Bankruptcy law seeks to provide a “fresh start” for debtors and an equitable distribution of funds to creditors. Trademark law, on the other hand, aims to ensure proper source identification and protect the public from deception. These policies converge when a trademark owner or licensor has licensed use of the mark to others and hopes to reject this licensing agreement in bankruptcy. Prior to the Supreme Court’s decision in Mission Prod. Holdings v. Tempnology, LLC, there was a circuit split regarding the licensee’s rights upon the bankruptcy of and rejection by the licensor. Some circuits held that the licensee’s rights …

Influencers: Not So Fluent In Disclosure Compliance, Keith Coop

Loyola of Los Angeles Entertainment Law Review

The Fyre Festival is one of the most infamous disasters in music festival history. Lesser known to the public is that the influencers involved in Fyre Festival’s influencer marketing campaign were required to disclose their payments for endorsing the event. These types of disclosures are regulated by the Federal Trade Commission (“FTC”) pursuant to its authority granted under the Federal Trade Commission Act (“FTC Act”). The disclosure requirement is set forth in the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”), which are nonbinding instructions that educate influencers on how to comply with Section 5 …

Twitter, Parody, And The First Amendment: A Contextual Approach To Twitter Parody Defamation, Emma Lux

Loyola of Los Angeles Entertainment Law Review

Twitter parody defamation cases raise novel questions about how to translate defamation law to Twitter’s interactive platform. What constitutes a “reasonable” reader on Twitter? What content is relevant to interpreting the meaning of a tweet from a parody account? The answers to these questions will have far-reaching effects for online speech. Parody authors are already vulnerable to defamation liability, particularly on Twitter where their statements often appear with very little context. Twitter parody accounts, which produce important political and social commentary, risk defamation lawsuits, as well as, in some states, criminal liability for online impersonation. This Note proposes a methodology …

Tobacco And The Small Screen: Why The Tvomb Should Restructure The Parental Guidelines, Courtney Leavitt

UC Law SF Communications and Entertainment Journal

This article summarizes the creation and workings of the TV Parental Guidelines and the Oversight Monitoring Board, potential First Amendment issues of a required rating system, and possible solutions to the problems of the current rating system. The TV Parental Guidelines and the Oversight Monitoring Board were created to fulfill requirements of the Telecommunications Act of 1996. The TV Parental Guidelines are meant to empower parents to control the content viewed by their children with useful ratings. However, the accuracy of ratings and understanding of the system are limited. Further, the complaint process is complex, with little authority to enforce …

Dysregulating The Media: Digital Redlining, Privacy Erosion, And The Unintentional Deregulation Of American Media, Jon M. Garon

Faculty Scholarship

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right to manage over-the-air broadcasting. As content producers shift away from broadcast and cable, much of the government’s regulatory control will end, resulting in new consequences for public policy and new challenges involving privacy, advertising, and antitrust law. Despite the technological change, there are compelling government interests in a healthy media environment. This article explores the …

The Last Prisoners Of War: How Nazi-Looted Art Is Displayed In U.S. Museums, Monica May Thompson

Geifman Prize in Holocaust Studies

How art museums approach NLA is important today because much of the public relies on museums for their education. NLA cases are especially controversial because they are not only legal battles, but ethical ones so museums have to be extra careful approaching them. Even if the museum has won the legal battle the public may not see them as winning the ethical one therefore they might want to avoid displaying this information to the public. However, as we can see with the previous websites, it actually looks worse for museums not to be open and honest about their NLA pieces …

Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson

Fordham Intellectual Property, Media and Entertainment Law Journal

The influence of social media in the 21st century has led to new social norms of behavior with individuals presenting themselves to others, whether physically or virtually, on various social media platforms. As a result, these new trends have led recent society to be characterized as a “presentational cultural regime” and a “specular economy.” In a Bakhtinian digital carnivalesque, internet memes present a feast of challenges to exceptions and limitations in copyright law. Memes encompass a wide range of expression about the human experience, while also existing as a playful mode of culturally permissible expression in online social communications rather …

Power To The Player: Freedom Of Speech, The Right To Protest, And Student-Athlete Claims Against The Ncaa, Tyler M. Horn

Marquette Sports Law Review

No abstract provided.

Combating Fake News With “Reasonable Standards”, Tawanna D. Lee

UC Law SF Communications and Entertainment Journal

Fake news is an intractable concern around the globe, sowing division and distrust in institutions, and undermining election integrity. This Article analyzes the spectrum of private and public regulation of “fake news” from comparative law and normative perspectives. In the United States, combating fake news shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip Internet media companies of the liability shield for third-party content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. This Article argues for a different tact—an amendment to the Communications Decency Act that addresses …

A Post For Change: Social Media And The Unethical Dissemination Of Nonconsensual Pornography, Cecilia Grimaldi

UC Law SF Communications and Entertainment Journal

No abstract provided.

Unfinished Business: The Continuing Struggle For Equal Opportunity In College Sports On The Eve Of Title Ix’S Fiftieth Anniversary, Brian L. Porto

Marquette Sports Law Review

No abstract provided.

Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland

UC Law SF Communications and Entertainment Journal

No abstract provided.

We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.

For An Anti-Discrimination Act For Cyberspace: Two-Sided Pricing, Walled Gardens, And The Depletion Of The Marketplace Of Ideas, Julien Mailland

UC Law SF Communications and Entertainment Journal

In the wake of renewed policy interest for the regulation of Internet gatekeepers, I argue that the U.S. Congress should pass a sweeping net neutrality regulation, an Anti-Discrimination Act for Cyberspace. Breaking with the tradition of siloed research which has seen similar proposals grounded in economics, computer science, history, political philosophy, and administrative and constitutional law, as separate matters, I offer a multi-disciplinary approach which combines these fields to draw new insights for Internet law and policy. I argue, with reference to leading Supreme Court cases, including Pruneyard Shopping Center v. Robins, that such a law would most likely pass …

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 …

From The Frying Pan To The Fire: Scotus’ Fsia Inaction As Further Permitting Executive Branch Intervention In “Takings Exception” Cases And Its Consequences In Forcing Holocaust Plaintiffs To Return To Europe, Richard H. Weisberg

Articles

The Supreme Court of the United States (“SCOTUS”) very recently punted and left wide a circuit split on a key question under the Foreign Sovereign Immunities Act (“FSIA”): Do plaintiff Holocaust victims need to return to the country that wronged them in order to proceed in a United States federal court that otherwise had jurisdiction over their claims? While sending down unresolved a conflict between the D.C. and Seventh Circuits, in a companion case also involving Holocaust victims, SCOTUS essentially ended an action against Germany by taking the strong suggestion of the Executive Branch through its Solicitor General that a …

Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson

Catholic University Journal of Law and Technology

The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.

Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha

Fordham Intellectual Property, Media and Entertainment Law Journal

Creative communities often rely on social norms to regulate the production of creative content. Yet while an emerging body of literature has focused on isolated accounts of social norms operating in discrete, small-scale creative industries, no research to date has explored the social norms that pervade the world’s largest content microcosm—the sprawling video game community.

Now a veritable global phenomenon, the video game industry has recently grown to eclipse the music and motion picture industries. But despite its meteoric rise, the video game industry has provoked little attention from copyright scholars. This Article is the first to explore the shifting …

Nfts And The Art World - What's Real, And What's Not, Michael D. Murray

Law Faculty Scholarly Articles

This Article explores the reality and mythology of NFTs in art law and in the art world by unpacking six myths, misconceptions, and poorly understood truths about NFTs that prevent persons, and particularly art law lawyers, from understanding the role NFTs are playing and could play in the art world and beyond. The Article discusses the legal and financial attributes and potentialities of NFTs for artists, galleries, dealers, investors, museums, and, most especially, for lawyers who advise the players in the art world. The six myths or misconceptions are:

-Myth 1: NFTs are artworks.

-Myth 2: NFTs create a false …

Who Killed The Radio Star? How Music Blanket Licensing Distorts The Production Of Creative Content In Radio, Ariel Katz, Eden Sarid

American University Law Review

According to popular and scholarly belief, video killed the radio star. The golden age of radio, culminating in the 1930s and 1940s, was gone with the rise of television in the 1950s and 1960s. In this Article, we advance the claim that television’s role in the “death” of the radio star has been more limited than commonly believed. A major culprit, we argue, is the common licensing practice of musical content for broadcasting, or more precisely, the blanket license issued by copyright collective management organizations (CMOs). By setting a zero marginal price for broadcasting additional songs from the CMO’s repertoire, …

Trademarks In Conversation: Assessing Genericism After Booking.Com, Laura A. Heymann

Cardozo Arts & Entertainment Law Journal

It is a fundamental principle of U.S. trademark law that to serve as a trademark, a word or phrase must "indicate the source" of the goods or services with which it is associated and, conversely, that a term that is understood to be the common name of a good or service is "generic" and cannot be protected as a trademark. Yet it still seems difficult to determine exactly what each concept means, particularly when the actual "source" of any goods or services might be opaque to consumers.

In part, this difficulty comes from the fact that status as a trademark …

Design Justice In Municipal Criminal Regulation, Amber Baylor

New Mexico Law Review

This article explores design justice as a framework for deeper inclusion in municipal criminal court reform. Section I provides a brief summary of a typical litigant’s path through modern municipal courts. Then, section I explores the historic role of municipal courts, the insider/outsider dichotomy of municipal criminal regulation, and the limitations of past reform efforts. Section II shifts into an overview of participatory design and discusses the new emergence of design justice. Within the discussion of design justice, the article focuses on three precepts of design justice: excavating the history and impact of the courts, creating tools for participation, and …

Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu

FIU Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

A Tribute To Henry "Hank" Aaron

Marquette Sports Law Review

No abstract provided.