Entertainment, Arts, and Sports Law Commons^™

House Rules: Arbitrating Nil In College Athletics, Kristen M. Blankley

Marquette Sports Law Review

No abstract provided.

Court Of Arbitration For Sport Under Scrutiny: Institutional Compromise Or Sports Justice?, Farqaleet Khokhar

Marquette Sports Law Review

No abstract provided.

Loper Bright Enterprises V. Raimondo's Effect On The Authority Of The National Labor Relations Board To Designate College Student-Athletes As Employees, Sophie E. Butler

Marquette Sports Law Review

No abstract provided.

The Price Of Secularism: Marginalization Of French Athletes And International Human Rights In Olympic Participation, Elizabeth M. Murphy

Marquette Sports Law Review

No abstract provided.

With Great Power Comes Great Vulnerability: The Impact Student-Athlete Employment Status Has On College Head Coaches' Nlra Coverage, Matt R. Gearheart

Marquette Sports Law Review

No abstract provided.

Could Nbcuniversal's Peacock Streaming Of Nfl Games Be Heading Towards Antitrust Violations Like Those Facing Live Nation And Ticketmaster?, Pamela B. Urlacher

Marquette Sports Law Review

No abstract provided.

Survey, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

Index, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

Ai Can't Adlib: Theorizing An Improvisation Carveout In The Work For Hire Doctrine, Audrey Pope

IP Theory

AI-generated actors and digital replicas are an increasingly pressing concern in the filmmaking industry. While this technology is only one of the myriad ways that generative AI is set to change Hollywood, debates about its use reflect a throughline in debates about AI generally: Can this technology do a convincing, much less desirable, job of what humans have done before? This Article argues that, at least in one particular context, the answer is no. It focuses on the art of adlibbing. It explains the unique position of improvisation within copyright law and proposes one mechanism—a carveout in the work for …

Beyond Sports: Recognizing College-Athletes As Employees In The Pursuit Of Fairness, Hannah Cohen

Cardozo Journal of Equal Rights & Social Justice

The note argues that student-athletes should be legally classified as employees under the Fair Labor Standards Act (FLSA) because the traditional amateurism model no longer reflects the economic realities of modern collegiate sports. By applying established legal tests, the analysis asserts that recognizing this employment status is essential to ensuring social justice, fundamental fairness, and basic workplace protections for athletes.

Should I Have Held Your Hand Or Can You Hold Your Own?: The Growing Confusion Over The Copyright Powers Songwriters Maintain Over Their Works, Mark Galinovsky

Cardozo Law Review de•novo

As online streaming and digital downloads continue to dominate the music business, songwriters are increasingly left to fight each other for tiny cuts of the profits. Additionally, a lack of consistent judicial rules and standards when adjudicating copyright infringement claims make litigation results uncertain, causing even potentially victorious defendants to agree to expensive settlements and frivolous grants of songwriting credits. This Note argues that in order to protect the future creative output of the music industry, judges and legislators should prioritize the dwindling power songwriters have over control of their original works of authorship.

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 44 (2026)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 44, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Dancing On The Edge Of Copyright: Why Copyright Law Should Protect Short Dance Routines, Tianai Song

Cardozo Arts & Entertainment Law Journal

The note argues that the Copyright Act should be amended to extend legal protection to short dance routines, regardless of their complexity or duration. This expansion aims to prevent the unauthorized appropriation of distinctive movements and ensure that creators, particularly those from Black and marginalized communities, are fairly recognized and compensated.

Beyond The Rings: Housing Inequalities In Olympic Host Cities, Audrey Hansen

Cardozo Arts & Entertainment Law Journal

The note argues that hosting the Olympic Games consistently leads host cities to violate their citizens' right to adequate housing through displacement, gentrification, and the criminalization of homelessness. By analyzing historical patterns and current preparations for the 2028 Los Angeles Games, the analysis contends that the traditional single-city hosting model is unsustainable and harmful.

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. …

Designed Lands©Apes—Ar©Hitecture, Sculpture, Visual Art, Shape, Pi©Torial Work, Or . . . Nothing At All?, Richard H. Chused

Articles & Chapters

This article arises from the saga of the construction and eventual destruction of a landmark landscape architectural work by the well-known artist Mary Miss that was constructed adjacent to the Des Moines Art Center called Greenwood Pond: Double Site. The project’s demise is emblematic of the remarkably ambiguous copyright problems that surround such artistic creations. They do not neatly fit into any category of copyrightable works. Though they may contain sculptural works, their overall designs are rarely totally sculptural. While architects typically draw plans and “sculpt” a landscaped space, the results usually are not “buildings,’ as required by the definition …

Virtual Influencers, Real Liability: Strategies For Companies To Ensure Consumer Protection When Using Ai Influencers, Sherri Hufstedler

UC Law SF Communications and Entertainment Journal

No abstract provided.

When You Wish Upon A Clause, Hannah Lee

UC Law SF Communications and Entertainment Journal

No abstract provided.

Fair Use Or Foul Play? Copyright Law’S Battle Over Using Sound Recordings In Ai Training, Matthew Schurz

UC Law SF Communications and Entertainment Journal

No abstract provided.

How Slow Legislative Reform Allows For Fake News, The Remedies And Solutions To Modernize The Law, Christopher Kidwell

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Myths And Legal Implications Of Cancel Culture, Yekun Zhou

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Mansion That Disney Built: Revitalizing Antitrust Enforcement In The Film Industry, Drew Chandler

BYU Law Review

The Paramount Decrees, for over sixty years, barred the major film studios from anticompetitive practices like vertical integration and block-booking. The Department of Justice’s decision to sunset the Decrees in 2020 came prematurely, with the movie industry today rocked by major mergers, the advent of streaming, the pandemic, lessened output due to industry strikes, and changing consumer tastes. True, the industry has changed since 1948, but those very changes call for regulatory intervention to avoid repeating the problems of the past.

For example, Disney’s recent merger and acquisition activity, together with the dominance of its in-house streaming service Disney+, is …

"Diss," That, And The Other: The Legal Implications Of 'Diss Tracks', Roy S. Gutterman

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Finding Our Harmonies: Why And How Music Should Be Licensed For Use As Ai Training Material, Samantha Dietrich

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Did Anderson V. Tiktok Get It Right? Holding Social Media Providers Accountable For Harm To Adolescents, Allison Mitton

BYU Law Review

When dangerous social media challenges go viral and cause harm to adolescents and young children, should the platform be held liable for pushing that content? As it currently stands, Section 230 of the Communications Decency Act of 1934 prevents this from happening. However, Anderson v. TikTok—a recent suit brought on behalf of a ten-year-old girl who died after asphyxiating herself while participating in the viral “Blackout Challenge”—seeks to change that.

The Third Circuit court in Anderson held that social media algorithms should be considered first-party speech, or the platform’s own expressive activity, rather than third-party speech, displaying its users’ expressive …

The Impact Of Name, Image And Likeness On The Decision Making Process Of Student-Athletes, Joey Shulam

Student Scholar Symposium

This research project examines the impact of Name, Image, and Likeness (NIL) policies on the college decision-making process of student-athletes. With the NCAA’s 2021 update on the restrictions to NIL compensation, student-athletes now factor financial opportunities into their college choices alongside other considerations such as athletic success, academics, and location. Using both qualitative and quantitative methods, this research includes interviews with Division 1 student-athletes across football, basketball, and baseball, as well as an analysis of transfer data and NIL market trends. The findings indicate that NIL has become a major factor in both recruiting and the transfer portal, influencing student-athletes’ …

The Samsung Succession And Art Donations: The Necessity Of Tax Incentives In Preserving And Expanding The Cultural Heritage Of South Korea, Sophia Do

University of Miami International and Comparative Law Review

Until recently, South Korea’s laws did not allow the donation of art as a form of inheritance tax payment. In fact, there has been a general lack of tax benefits on art donations in the country. Experts often attribute this deficiency to two reasons: the lack of a national and widespread art appraisal system and the traditional view that such tax laws benefit only the rich. The tide, however, turned in 2020. Two national events provided the impetus for tax law reform that allows the donation of art as a form of inheritance tax payment: the Samsung succession and the …

These Boots Were Made For Copyrighting: A Comparative Analysis Of Copyright Protection For The Shoe Industry In The European Union And United States And How It Is Impacting The “Dupe” Market, Annalee Gunderson

University of Miami International and Comparative Law Review

Copyright protection for fashion designs has always been slim, especially when it comes to shoes. Times seem to be changing as calls for increased protection in the industry have generated a new focus on changing the nature of copyright laws to better protect designs and designers. Two of the world’s fashion meccas, the United States and European Union, have their own different approaches to this issue. In the last decade, each territory’s most influential court, the United States Supreme Court in Star Athletica v. Varsity Brands and the Court of Justice in the European Union in Cofemel v. G–Star Raw, …