Entertainment, Arts, and Sports Law Commons^™

All-American Discrimination: North Carolina And Transgender Student-Athletes, Jessica Rosen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fair Use & Fair Play: Olympic Marketing In The Information Age, Alex Locke

Cardozo International & Comparative Law Review

The note critiques the overreach of intellectual property protections surrounding the Olympics, which have led to hyperlitigation, stifled public engagement, and disproportionately harmed smaller entities while benefiting large corporations. It proposes reforming the Ted Stevens Olympic and Amateur Sports Act by incorporating a fair use framework, modeled after the Copyright Royalty Board, to balance intellectual property enforcement with public participation and transparency. This approach aims to address the challenges posed by ambush marketing and sponsorship protection in the modern media landscape while ensuring equitable opportunities for all stakeholders.

The Journalism Licensing Program: A Solution To Combat The Selective Exposure Theory In Our Contemporary Media Landscape, Matthew Lobello

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Ride Oversharing: Privacy Regulation Within The Gig Economy, Casey Thomas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 36, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The 'Blurred Lines' Of Marvin Gaye's 'Here, My Dear': Music As A Tortious Act, Divorce Narrative And First Amendment Totem, Bryan Adamson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Matal V. Tam-A Victory For The Slants, A Touchdown For The Redskins, But An Ambiguous Journey For The First Amendment And Trademark Law, Mark Conrad

Cardozo Arts & Entertainment Law Journal

Since 1946, Section 2(a) of the Lanham Act, the law governing trademarks, prohibited the registration of trademarks deemed "immoral, deceptive, or scandalous; " or those which may "disparage" individuals. This provision was the subject of a challenge by an Asian-American dance-rock band named "The Slants" after the trademark examiner refused to register the mark because it was deemed "disparaging" to Asians. Tam, a member of the group, challenged the decision, primarily on First Amendment grounds, and the Supreme Court, in several opinions which produced a unanimous result, concluded that the provision unconstitutionally barred the registration. What was a major victory …

The Trope Of Parity, Michael Del Priore

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Incentivizing Cybersecurity Compliance In The New Digital Age: Prevalence Of Security Breaches Should Prompt Action By Congress And The Supreme Court, Cristiana Modesti

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Creating A More Permissive Patentability Standard Under Language From The Tpp, Ryan Thorne

Cardozo Arts & Entertainment Law Journal

No abstract provided.

To Filter Or Not To Filter? That Is The Question In Eu Copyright Reform, Giancarlo Frosio

Cardozo Arts & Entertainment Law Journal

This article discusses the proposed introduction in EU law of an obligation for hosting providers to conclude licencing agreements with copyright holders and ensure they are taking effective technological measures, such as Content ID technologies, to prevent copyright infringement on online platforms. This proposal is included in Article 13 and accompanying Recitals of the European Commission's Draft Directive on Copyright in the Digital Single Market of September 14, 2016, which forms an important part of the ongoing EU copyright reform. This article highlights the shortcomings of this proposed reform, which may fall short in terms of clarity, consistency with the …

Progress Or Profit: Reconsidering The Shortened Statutory Period Scheme, Max Stul Oppenheimer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why The Bridgeport Rule For Infringement Of Sound Recordings Is No Longer 'Vogue', Jessica Mauceri

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 36, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right Of Publicity: Privacy Reimagined For New York?, Jennifer Rothman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Digital Publishing: Three Futures (And How To Get There), Stephen M. Maurer

Cardozo Arts & Entertainment Law Journal

The usual assumption that copyright rewards creativity is afiction. In practice, most authors earn very little compared to their publishers. This article asks what services, if any, publishers supply to justify these payments. We argue that the only reasonable candidate is search, i.e. finding worthwhile titles among the million or so books written each year.

For most of the 20th Century, there was just one search technology: Human judgment. This led to a complex ecosystem of editors, bookstore owners, reviewers and other middlemen. The difference in the 21s' Century is the emergence of a second technology- "Big Data"-that could make …

Critical Race Ip, Anjali Vats, Deidré A. Keller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Musical Innovation's Sworn Enemy: The Infringer, Stuart Anello

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …

Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, Richard H. Chused

Articles & Chapters

No abstract provided.

Intellectual Property In Experience, Madhavi Sunder

Michigan Law Review

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that give fantasy owners …

A Twenty-First-Century Olympic And Amateur Sports Act, Dionne L. Koller

All Faculty Scholarship

Recent scandals involving national governing bodies for sport and allegations of athlete abuse have captured media attention. The most recent, focusing on the actions of USA Gymnastics, prompted Congress to propose legislation to require better protections for Olympic Movement athletes. Signed into law on February 14, 2018, the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 designates the United States Center for SafeSport (SafeSport) as the independent organization charged with exercising jurisdiction over the United States Olympic Committee (USOC) and sport national governing bodies to safeguard amateur athletes against all forms of abuse. Congress’s instincts …

College Students And Corporate Social Responsibility: An Examination Of Corporate-Social Responsible Behavior In College Athletics From The Students’ Perspective, R. Jacob Gilbert

Theses and Dissertations

Much research has been done on corporate social responsibility in the business world. Additionally, while there are major gaps in research on the sports side of corporate social responsibility, there has been very little - if any - research done into corporate social responsibility in college athletics. With approximately 130 major Division I football programs with operating budgets rivaling major corporations, in addition to a plethora of other revenue sports, the actions of these institutions also need to be studied. Thus, in an effort to understand the socially responsible actions of these institutions, this paper dives into the student perspective …

Striking Gold - The Case Of The Shropshire Piano, Geoffrey Bennett

Journal Articles

In the more than twenty years since the [Great Britain] Treasure Act 1996 entered into force, there have been many dramatic discoveries of treasure. The media frequently reports the results of remarkable finds, usually made by metal detectorists in infields and open spaces. A unique, not to say bizarre, example, however, is the discovery of a cache of gold coins found concealed in a piano in Shropshire in 2016. It makes the point that the old law of treasure trove still has a twilight existence in circumstances that are prone to recur.

Intellectual Property As Seen By Barbie And Mickey: The Reciprocal Relationship Of Copyright And Trademark Law, Jane C. Ginsburg

Faculty Scholarship

Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks could have led one to conclude that the law had no sense of humor. Over time, however, courts in the US and elsewhere began to leaven likelihood of confusion analyses with healthy skepticism regarding consumers’ alleged inability to perceive a joke. These decisions did not always expressly cite the copyright fair use defense, but the considerations underlying the copyright doctrine seemed to inform trademark analysis as well. The spillover effect may indeed have been inevitable, as several of the cases in which the fair use defense …

All Quiet In The Western (European Football) Front: Regulation Of Football In The European Continent, Petros C. Mavroidis

Faculty Scholarship

Regulation of football in Europe is, absent some piecemeal interventions (like sharing of TV rights) largely non-existent. This is the case, because the de facto regulator (UEFA, Union Européenne of Football Associations) has no mandate to comprehensively address on its own competitive balance, the focal point of football, and, in more general terms, sports regulation. Various aspects of competitive balance are part and parcel of antitrust law. European Union (EU) law thus, comes into the frame, since this is the body of law regulating antitrust in the European continent. The European Union, nevertheless, has no mandate to regulate football comprehensively, …

Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge

Brooklyn Journal of Corporate, Financial & Commercial Law

The Video Privacy Protection Act of 1988 (VPPA) creates a private cause of action for any consumer whose personally identifiable information has been disclosed by a video tape service provider to a third party. The rapid growth of media companies that provide free internet-based video-streaming services, and the technologically-advanced advertising methods employed to fund this business model, have created uncertainty regarding the specific consumer segments the VPPA is designed to protect. The extensive role that third-party providers play in the collection, analysis, and segmentation of user data in the personalized advertising process raises justifiable privacy concerns for consumers. Recent VPPA …

Copyright Infringement In Sound Recording: How Courts And Legislatures Can Get In Vogue In A Post-Ciccone World, Kristen B. Kennedy

Journal of Law and Policy

Music sampling is a legally complex and ambiguous area, with staggeringly high costs attached for copyright infringers. The legality of sampling frequently depends upon what jurisdiction the inquiry into the sampling takes place in, and has been guided by inconsistently applied doctrines of fair use, de minimis, and copyright infringement. The Ninth Circuit’s decision in VMG Salsoul v. Ciccone has dramatically highlighted these inconsistencies. This note suggests a four-part solution to resolve the tensions in copyrightable sound recordings magnified by the recent circuit split created by VMG Salsoul v. Ciccone. It incorporates elements of de minimis and fair use, a …

Mediated Images Of Violence And The First Amendment: From Video Games To The Evening News, Clay Calvert, Robert D. Richards

Maine Law Review

In July 2004, a federal district court struck down, on First Amendment grounds, a Washington state law that restricted minors' access to video games containing “realistic or photographic-like depictions of aggressive conflict in which the player kills, injures, or otherwise causes physical harm to a human form in the game who is depicted, by dress or other recognizable symbols, as a public law enforcement officer.” The decision was anything but surprising. It followed in the footsteps of recent opinions issued by two federal appellate courts that held unconstitutional similar legislation regulating minors' access to fictional images of violence in video …

Usada V. Montgomery: Paving A New Path To Conviction In Olympic Doping Cases, Paul J. Greene

Maine Law Review

In United States Anti-Doping Agency v. Montgomery, a Court of Arbitration for Sport (CAS) Tribunal found Olympic track and field gold medalist and former world record holder Tim Montgomery (Montgomery) guilty of doping. The Tribunal determined, after considering the evidence presented by the United States Anti-Doping Agency (USADA), that Montgomery had taken THG, a prohibited performance enhancing drug known in colloquial parlance as "the Clear." As punishment, Montgomery was banned from competition for two years, stripped of his on-track achievements dating back to March 200l, and ordered to repay an estimated $1 million in earnings. Montgomery is an extraordinary case …