Entertainment, Arts, and Sports Law Commons^™

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus …

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay

Pace Intellectual Property, Sports & Entertainment Law Forum

Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?

To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go in …

Beating The Trap: Immigration And Extradition Policies Effecting The Nba's Enes Kanter And His Status As A Tukish Political Target, Michael Horvath

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Swelling Tide Of Commercialized Amateur Athletics: How Growing Revenues Have Called Public Attention To The Ncaa And Its Member Universities' Tax- Exempt Status, Benjamin Kurrass

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

It Is Not Working: Examining An Employment Law Model For Determining Institutional Liability In Cases Of Sexual Assault By Student-Athletes, Margaret Nolan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Justices Answer Coach Kennedy's Prayer With Play In The Joints Audible: Kennedy V. Bremerton School District And Public-School Sports Prayer Post- The American Legion V. American Humanist Association, Samuel England

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Leveling The Playing Field-U.S. Court Jurisdiction Over Disputes Between American Professional Athletes And Foreign Sports Teams, Kenneth A. Jacobsen, Noah J. Goodman, Travis W. Watson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Creative Destruction: Copyright's Fair Use Doctrine And The Moral Right Of Integrity, Cathay Y. N. Smith

Pepperdine Law Review

This Paper explores the role of copyright’s fair use doctrine as a limit on the moral right of integrity. The moral right of integrity gives an author the right to prevent any distortion, modification, or mutilation of their work that prejudices their honor or reputation. Actions that have been found to violate an author’s moral right of integrity include, for instance, altering a mural by painting clothing over nude figures, selling separated panels of a single work of art, and displaying sculptures with holiday ribbons. At the same time, copyright’s fair use doctrine allows follow-on creators to transform original works …

Through The Wire Act, John T. Holden

Washington Law Review

Legalized sports gambling has become one of the hottest topics in state legislatures ever since the United States Supreme Court’s 2018 decision in Murphy v. National Collegiate Athletic Ass’n1 allowed states to begin legalizing the activity. As states began to offer sports wagering, gambling became front and center in the news and the Trump administration’s Justice Department took the opportunity to rewrite a 2011 Office of Legal Counsel opinion, expanding the scope of the most prominent federal anti-gambling statute. The re-interpretation of the scope of the Wire Act reversed the Department of Justice’s position that the statute only applied to …

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

Real You Meets Virtual You: It Is Time For Consumers To Regain Power Online, Neeka Hodaie

Seattle Journal for Social Justice

No abstract provided.

Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel

Washington Journal of Law, Technology & Arts

In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out …

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.

U.S.-U.K. Executive Agreement: Case Study Of Incidental Collection Of Data Under The Cloud Act, Eddie B. Kim

Washington Journal of Law, Technology & Arts

In March 2018, Congress passed the Clarifying Lawful Overseas Use of Data Act, also known as the CLOUD Act, in order to expedite the process of cross-border data transfers for the purposes of criminal investigations. The U.S. government entered into its first Executive Agreement, the main tool to achieve the goals of the statute, with the United Kingdom in October 2019. While the CLOUD Act requires the U.S. Attorney General to consider whether the foreign government counterpart has a certain level of robust data privacy laws, the relevant laws of the United Kingdom have generally been questioned numerous times for …

Protecting The Individual Rights Of Nfl Players As Private Sector Employees, Derick Vranizan

Seattle Journal for Social Justice

No abstract provided.

Classical Batik Tradition And The Rifa'iyah Women, Adlien Fadlia

International Review of Humanities Studies

This research is a qualitative research using the phenomenological method. The research sample is women – therefore called the Rifa’iyah women – who make batik in Rifa’iyah community in the district of Batang, Central Java. Data collection techniques are applied by conducting interviews and observation guidelines. Data analysis techniques are used by using descriptive analysis. Women in the Rifa’iyah community have a prominent role to play in the productivity of batik. The Rifa’iyah people place batik not only as an economic commodity but also as a place for women in the public sphere, no longer only in the domestic area. …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

All The News That's Fit To Hide: Sexual Assault And Silence In Hollywood And The Lawyers Who Let It Happen, Neil Fulton

Loyola of Los Angeles Entertainment Law Review

Hollywood stars and moguls, sexual misconduct and harassment, investigative journalism, espionage, and unethical lawyer conduct—all this and more is on display in Ronan Farrow’s Catch and Kill: Lies, Spies, and a Conspiracy to Protect Predators. Working for NBC News and then The New Yorker, Farrow investigated allegations of serial sexual assault by Harvey Weinstein. He readily found women who said they had been assaulted by Weinstein, but getting those stories to the public required navigating an obstacle course of non-disclosure agreements, corporate legal departments, unethical conduct by Weinstein’s legal team, and even being followed by spies. In the end, however, …

Bottom Of The Ninth Circuit: Senne V. Kansas City Royals Baseball Corporation, Kevin Togami

Loyola of Los Angeles Entertainment Law Review

Major League Baseball (“MLB”) is a multi-billion-dollar business. While MLB contracts can be worth well over $300 million, there are thousands of minor leaguers in the shadows of MLB making between $3000 to $7500 a year. These players survive in poor living conditions, receiving salaries far below federal minimum wage. They endure years of financial struggle for the marginally slim chance of playing in “The Show.”

In Senne v. Kansas City Royals Baseball Corporation, minor leaguers took a stand and voiced their frustration with this unfeasible lifestyle. They filed a class action lawsuit against MLB asserting claims under the Fair …

Workers Of The Gaming World, Unite! The Uncertain Future Of The Video Game Industry In The Aftermath Of Ab 5, Natalie Kalbakian

Loyola of Los Angeles Entertainment Law Review

The video game industry is a rapidly growing and lucrative entertainment market. It has played an immense role in shaping the consumption of media. However, the reality of working conditions for the industry labor force largely behind these innovations is much less impressive. This Note examines the video game industry as a case study for the potential impact of California Assembly Bill 5 (“AB 5”) on industries that heavily rely on independent contractors with specialized skill sets.

First, this Note advances the argument that the video game industry has engaged in regulatory arbitrage by capitalizing on the loopholes created as …

The New Gold Standard For Sports Psls: The Provisions That Allow The Golden State Warriors To Overpower A Bankruptcy Estate, Michael Medved

The Journal of Business, Entrepreneurship & the Law

This comment will focus on how this second key difference implemented in the Warriors’ PSL would affect an eventual bankruptcy proceeding of a purchaser into their “membership program.” In the event of a purchaser filing for bankruptcy liquidation under chapter seven of the bankruptcy code, the PSL will join the rest of the bankrupt’s assets in becoming property of the now-bankrupt purchaser’s creditors estate. Purchasers into the Warriors’ offering can be either individuals or corporations. This comment will provide an analysis of how the debtor, estate, and team will likely fare in terms of recouping the value of the PSL …

Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee

The Journal of Business, Entrepreneurship & the Law

This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.

Insights From Snowboard Pedagogy For The Legal Studies Instructor, Jennifer S. Anderson, David W. Read, Konrad S. Lee, John Linford

DePaul Journal of Sports Law

This paper intends to inform and avail instructors of pedagogical approaches proven effective in winter sports environments, specifically in the sport of snowboarding, that we suggest may be particularly effective in teaching business law to non-law students in undergraduate business programs. We join other scholars in examining the approach to teaching business law to non-law students in an effort to develop the knowledge and skills necessary to manage the “dynamic and untidy” legal issues that business professionals deal with, while mitigating the difficult and confusing subject matter and pedagogy associated with business law courses. Broadly speaking, teaching requires the acquisition …

The Emergence Of Wearable Technology And The Legal Implications For Athletes, Teams, Leagues And Other Sports Organizations Across Amateur And Professional Athletics, Anthony Studnicka

DePaul Journal of Sports Law

The year was 1998. The Chicago Bulls were playing in Game 6 of the NBA Finals against the Utah Jazz. Michael Jordan was wearing his iconic, bright, red number 23 Bulls jersey. Jordan had led the Bulls to their third consecutive finals appearance, pursuing their sixth NBA Championship title of the decade. However, this was not his fight alone, as his teammates were fighting merely to get on the court. Ron Harper was playing while sick, and Toni Kukoc was battling fatigue. Another teammate and future Hall of Famer Scottie Pippen was playing through an injury. The extent of the …

Convergence And Divergence In Stadium Ownership Structures, Robert Sroka

DePaul Journal of Sports Law

In the broader business law literature, much has been written on the supposed convergence trend of corporate governance practices. Yet this academic discussion has barely extended to the professional sports context and in the instances where professional sports governance has been at issue, stadiums and stadium ownership have not been the subject of analysis. With stadium construction and renovation projects regularly running into the hundreds of millions or billions of dollars, and ongoing stadium operations and debt repayments on such facilities often exceeding tens of millions each year, stadium governance is a significant aspect of business and corporate governance worth …

The Prehistoric Baseball Rule: Outdated For Today's Game, Kyle Tanzer

DePaul Journal of Sports Law

No abstract provided.

The Larry Nassar Nightmare: Athletic Organizational Failures To Address Sexual Assault Allegations And A Call For Corrective Action, Heather Udowitch

DePaul Journal of Sports Law

Lawrence (Larry) Nassar, a once credible, respected physician – who treated thousands of premiere athletes – is now known as a one of the most infamous individuals in American sports history. While building his professorial career as a doctor with USA Gymnastics (USAG), Michigan State University (MSU), and the United States Olympic Committee (USOC), Nassar was actually sexually assaulting hundreds of individuals under the guise of medical treatment. USAG, MSU, and the USOC all contributed to the flawed system that refused to listen to the athletes who reported Nassar in addition to help him maintain his status. Through the silence …

The Importance Of Ncaa Student-Athletes' Financial Literacy And Mental Health In Anticipation Of The Historic Fair Pay To Play Act, R.J. Curington

DePaul Journal of Sports Law

Sports fans praise athletic abilities and sensational games, especially during championship play. However, extreme criticism and judgment arises when athletes fall into financial and/or mental pitfalls after college. We all have heard horror stories of student-athletes being exploited by outside influences that result in suspensions to the student-athlete and even penalties on their athletic program. The exploitation of the nation’s top student-athletes can even begin in the early stages of high-school. These young student-athletes, who may not have the financial resources or the proper guidance, are often misled by self-interested outside sources. Dreams of financial stability are thought to be …

Klawing For Protection: Kawhi Leonard's Battle With Nike Over Intellectual Property Rights, Gaetano Urgo

DePaul Journal of Sports Law

No abstract provided.