Entertainment, Arts, and Sports Law Commons^™

Addressing Human Trafficking In The Context Of Major League Baseball And The Cuban Baseball Federation, Sarah Hanlon

DePaul Journal of Sports Law

In 2018, Major League Baseball (“MLB”) and the Cuban Baseball Federation (Federación Cubana de Béisbol, “FCB”) reached a historic agreement. The agreement sought to protect Cuban baseball players wishing to play in the United States. Under the agreement, Cuban players would no longer have to denounce their allegiance to Cuba or find alternative and often risky and dangerous ways to enter the United States. The agreement was symbolic of an easing of tensions between the United States and Cuba. Unfortunately, the agreement was short-lived after the Trump administration began reinvigorating stricter policies from the past with Cuba. This Note reviews …

Athlete Biometric Data In Soccer: Athlete Protection Or Athlete Exploitation?, Adam Garlewicz

DePaul Journal of Sports Law

This article is divided into three parts. Part I gives a synopsis of the current law in the United States dealing with the collection of biometric data. Part II provides an overview of how soccer is organized and regulated on an international level. Part III discusses the technology used in soccer to collect soccer players’ biometric data and the legal issues that arise from the collection of biometric data.

Table Of Contents, Depaul Sports Law

DePaul Journal of Sports Law

No abstract provided.

Breaking Up Melodic Monopolies: A New Approach To Originality, Substantial Similarity, And Fair Use For Melodies In Pop Music, Johannes Hoffman

Journal of Law and Policy

Progress in the arts—the fundamental goal of copyright law in the United States—requires a balance between granting creators exclusive rights over their works and allowing others the room to create new works. This is particularly crucial in pop music, where melodies are composed within narrow musical structures out of a limited set of notes. Recent verdicts, however, have shown that courts are becoming more willing to find copyright infringement based on relatively simple melodies in pop music, even where such melodies do not constitute the “hook” or most memorable part of the allegedly infringing work. This Note posits that, in …

The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman

Seattle Journal of Technology, Environmental, & Innovation Law

In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of …

When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr

Michigan Technology Law Review

If a virtual-world-game character is cast upon real-world property without the consent of the landowner, inducing or encouraging players to trespass, is the virtual-world creator liable for damages? The United States Supreme Court has recognized that digital technology presents novel issues, the resolution of which must anticipate its further rapid development. It is beyond dispute that protective legislation will be unable to keep up with rapidly evolving technology. The burden of anticipating and addressing issues presented by emerging technologies will ultimately fall upon the businesses responsible for generating them. This duty was most notably adopted by the creators of Pokémon …

The Canadian Anti-Doping Program And The Charter Of Rights And Freedoms, Kate Scallion

LLM Theses

This thesis examines the relationship between the Canadian Anti-Doping Program (CADP) and the Charter of Rights and Freedoms. First, the CADP is explored in depth, including the origins of anti-doping in Canada generally, how Canada's anti-doping regime aligns with international anti-doping regimes, and how the CADP functions in practice. Next, whether or not the Charter applies to the CADP is analyzed, looking at whether the administrator of the CADP, the Canadian Centre for Ethics in Sports (CCES), meets the criteria of a "government actor," as well as determining if the CADP itself would be considered a government action and thus …

Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron

Michigan Law Review

Review of Nick Drnaso's Sabrina.

Bargaining Over Biometrics: How Player Unions Should Protect Athletes In The Age Of Wearable Technology, Skyler R. Berman

Brooklyn Law Review

From governments to businesses and entertainment-like professional sports, society is slow to adjust to rapid technological change. State and federal governments are similarly tepid to regulate emerging technologies, and many industries fail to promptly alter their strategies to account for such changes. This note focuses on how the major sports leagues have yet to adequately address biometric data derived from wearable technology in their respective collective bargaining agreements. This lack of clarity presents a multitude of issues spanning from data ownership, privacy and publicity rights to labor and employment protections. Consequently, professional athletes have, at best, limited rights to their …

Sex Is Not A Three-Letter Word: The Effect Of Manipulating The Definition Of "Sex" On The Future Of Transgender Athletes, Emily Grubman

Loyola of Los Angeles Entertainment Law Review

Title IX makes it unlawful for educational institutions receiving federal funding to discriminate “on the basis of sex.” But in the context of high school and college athletics, and specific to transgender athletes, what should the meaning of “sex” be? The Obama administration believed that “on the basis of sex” in Title IX includes “gender” in the meaning of “sex.” However, the Trump administration has proposed revoking that understanding, limiting the term “sex” to mean male or female, defined at birth. In the com- ing year, the Supreme Court may decide in R.G. & G.R. Harris Funeral Homes, Inc. v. …

Scuffed Chucks: Converse's Scuffle, The Federal Circuit's Overstep, And The Court's Stance On Trademark Infringement, Angela Tam

Loyola of Los Angeles Entertainment Law Review

The multi-billion-dollar footwear industry accounts for an enormous portion of the United States economy. Among the top brands, an iconic pair of shoes is the Converse All-Star Chuck Taylor. The rubber shoe company generated a global revenue of nearly $2 billion in 2019 alone. The consistent popularity of the Chuck Taylors over the last decades has prompted many copycats to try to mimic the company’s leading look.

The Federal Circuit recently ruled in a trademark infringement case, Converse Inc. v. International Trade Commission. The case followed Converse’s complaint against various footwear products, including brands such as Sketchers and New Balance, …

California, Are You There? It's The Entertainment Industry Calling And We Need Net Neutrality, Olivia Young

Loyola of Los Angeles Entertainment Law Review

With online streaming rapidly replacing cable as the preferred method of media consumption for viewers, demand for online content is at an all-time high. Behind the scenes of the entertainment evolution is an open and neutral Internet that facilitates equal access to all online content. Until recently, the Federal Communications Commission (FCC) committed to preserving the neutral net by passing Net Neutrality regulations that prohibited Internet Service Providers (ISPs) from blocking, throttling, or prioritizing online content. That changed on December 14, 2017, when the FCC repealed Net Neutrality, lifting the restrictions that once prevented ISPs from differentially transmitting online content. …

Pills And Picasso: Evaluating The Proposed Liquidation Of The Detroit Institute Of Arts During The Detroit Bankruptcy, Kevin Deutsch

Michigan Business & Entrepreneurial Law Review

Part I of this Note provides background information that is helpful for understanding the Detroit bankruptcy, the role of the DIA in the bankruptcy, and municipal bankruptcies in general. Part II evaluates equitable arguments against a sale of the DIA’s collection. Part III provides a rationale for a partial sale of the DIA’s collection.

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …

Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann

Washington Journal of Law, Technology & Arts

The video game industry has blossomed from a niche hobby into a mainstream cultural industry, outpacing global box office sales in annual revenue. Yet the price of a video game has barely increased since the industry’s inception, and the current standard price point of sixty dollars has survived for over a decade. Competitive market forces drive companies to invest ever more time and money into creating increasingly complex software in order to remain on the cutting edge of graphics and design, while simultaneously increasing revenue. Thus, video game developers and publishers have developed a multitude of alternative money- making services …

The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe

Michigan Law Review

The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the potential effects of concussions, the organization has done little to reduce the occurrence of concussions or to alleviate the potential effects that stem from repeated hits to the head. This Note argues for recognizing a special relationship between the NCAA …

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Contract's Revenge: The Waiver Society And The Death Of Tort, Ryan Martins, Shannon Price, John Fabian Witt

Cardozo Law Review

No abstract provided.

Let The Kids Play: How College Athletes Can Use California's Prohibition On Noncompete Clauses To Circumvent The Ncaa's Year-In Residence Rule, Matt Stauser

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

We Are Guilty Of Falling Victim To A Hierarchy Reporting System: The Prosecution Of Sideline Players In The Pennsylvania State University Football Sexual Assault Scandal, Caroline Fitzgerald

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Transgender Athletes And Title Ix: An Uncertain Future, Julie Tamerler

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

At What Cost? Analyzing The Standing Element Of The Racketeer Influenced And Corruption Organizations Act (Rico) In Response To Evans V. Arizona Cardinals Football Club, Catherine Desilvester

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A Slam Dunk For States' Rights: The Impact On Constitutional Federalism And Federal Regulations Following The Supreme Court In Murphy V. Ncaa, Christopher Bret Alexander

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Safest Bet: A Comprehensive Review Of The Fall Of Paspa And The Rise Of Sports Betting, Daniel Boswell

University of Miami Business Law Review

In May of 2018, the United States Supreme Court held in Murphy v. National Collegiate Athletic Association that a federal prohibition on sports gambling was in violation of the anti-commandeering doctrine of the Tenth Amendment. In the wake of the decision, many commentators have opined that the opinion, authored by Justice Alito, may have serious implications on contentious political issues ranging from marijuana legalization to sanctuary cities. While the decision left state legislatures with the authority to permit sports gambling, it did not affirmatively close the door on federal oversight—a topic of much recent debate. This note will explore potential …

Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein

Student Scholarship

The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low. An …

When To Walk Away And When To Risk It All, W. Kip Viscusi, Scott Deangelis --

Vanderbilt Law School Faculty Publications

While one might expect athletes to be strongly averse to extending their career too long when there is a chance of losing everything due to a concussion or a catastrophic injury, experimental subjects consistently played longer than the optimal amount for risk-neutral decisions. A commitment to the length of play in advance, as in the case of long-term contracts, led to a greater chance of staying beyond the expected payoff-maximizing point. If the decision frame is altered so that decisions are made in each period rather than through an upfront commitment, the magnitude of potential losses is more evident.

The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza

Seattle University Law Review

Copyright law, specifically music licensing, has long been outdated due to changes in the way people listen to music. With the proliferation of technology, listeners can now enjoy music via channels that did not exist just a few decades ago. As a consequence, music creators have faced years of economic inequality. Songwriters, artists, and musicians have fought a long, and often fruitless, battle for justice—legislation that would change music law for the better has continuously been struck down. However, in 2018, the Music Modernization Act (MMA) was signed into law, representing a battle won for music creators. This Comment will …

The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real

Pepperdine Dispute Resolution Law Journal

This article will propose that Major League Soccer adopt a salary arbitration system similar to that used in both Major League Baseball and the National Hockey League. MLS should emulate those strategies of other professional leagues that have resulted in growth. The salary arbitration model is one such advantageous strategy. Part II of this article will provide a summary of the current salary structures and mechanisms of MLS. Part II will also discuss the problems and the origins of the problems associated with MLS's current salary structures and mechanisms. Part III will summarize how salary arbitration is utilized in MLB. …

Securing The Best Odds: Why Congress Should Regulate Sports Gambling Based On Securities-Style Mandatory Disclosure, Ryan Grandeau

Cardozo Law Review

No abstract provided.

Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel

Duke Law & Technology Review

No abstract provided.