Entertainment, Arts, and Sports Law Commons^™

Class Certification Issues: In Re: National Football League Concussion Injury Litigation, Jessica Leigh Hawley

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will discuss whether the prerequisites of the Federal Rules of Civil Procedure, Rule 23, were properly applied in the certification of the class in the NFL Concussion Injury Litigation, with an emphasis on typicality. Discussion will begin with the general rule of class actions and drafter’s intent when the rule was enacted. It will then discuss the major amendment to the rule and the purpose of the amendment with a focus on typicality, and clarify the standard for the typicality requirement with a discussion of the United States Supreme Court decision in Amchem v. Georgine. The discussion then …

Pwnd Or Owned? The Right Of Publicity And Identity Ownership In League Of Legends, Adam Levy

Pace Intellectual Property, Sports & Entertainment Law Forum

E-sports is a new and growing form of entertainment, where gamers at the peak level of their skill compete for prestige and prizes. The contracts these athletes have are evident of a problem within the legal field of the right of publicity: there are few, if any, protections for individuals who want to license their right of publicity. The growth of E-sports has shown us the caveat emptor approach taken by courts does not adequately protect the licensee from having their privacy intruded upon. Adopting a set of standards for licensing the right of publicity would protect the privacy of …

The Wrong Of Publicity, Albert Vetere

Pace Intellectual Property, Sports & Entertainment Law Forum

The right of publicity has been, since at least 1977, a recognized concept. It was used, much like the other areas of intellectual property law to protect what a person had worked hard to create, in this case the concept of themselves. Their creativity in making themselves known and in having an "act" was worth protecting. However, the right of publicity has drastically changed since its conception. What is has become in the past almost forty years is a strange amalgamation of concepts, protected by laws that were never meant to be used to protect it in the first place. …

The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres

Pace Intellectual Property, Sports & Entertainment Law Forum

Part I of the article provides an overview of the right of publicity and its history. It presents the importance of this right, particularly for celebrities, and it focuses on the influence of the entertainment and sports industries in a global economy. Then, it analyzes the major differences in level of protection, scope and length, starting with the United States. Then it uses the standard in the United States and compares it with the protection offered in 22 selected jurisdictions based on a survey report by Kenyon & Kenyon titled Getting the Deal Through. Then, it addresses potential challenges to …

3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom

Pace Intellectual Property, Sports & Entertainment Law Forum

Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must be …

True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino

Pace Intellectual Property, Sports & Entertainment Law Forum

The purpose of this Article is to identify and discuss the numerous laws that Cohle broke during the course of the eight episodes – each episode is discussed separately in Sections II through IX. Here, an extremely important point needs to be made – this Article is not intended to pinpoint exactly how many laws that Cohle would likely be convicted of violating; rather, as is the case generally in the legal profession, many of the actual offenses and charges would be subject to prosecutorial discretion and therefore reasonable minds may disagree with the exact charge. To the extent possible, …

“Finding The 'Public' In 'Public Disrepute” – Would The Cultural Defense Make A Difference In Celebrity And Sports Endorsement Contract Disputes? - The Case Of Michael Vick And Adrian Peterson, Toni Lester

Pace Intellectual Property, Sports & Entertainment Law Forum

This article will explore this issue by engaging in case studies of the Vick and Peterson scandals to see what would have happened had the two men taken their claims against Nike to court. Part One will discuss the cases in more depth and elaborate on how they might be viewed through the lens of cultural relativity theory and the cultural defense. Part Two will elaborate on what morals clauses are and the legal standards courts use to enforce them. In addition to examining the Mendenhall decision, several other court cases will be discussed, each of which places differing levels …

Keynote Address: A Sure Bet? The Legal Status Of Daily Fantasy Sports, Marc Edelman

Pace Intellectual Property, Sports & Entertainment Law Forum

Today, I will provide an overview of the legal status of “daily fantasy sports” and explain why the legality—or illegality—of the industry is not a sure bet. I will begin by providing a brief background of the origins of fantasy sports, and then turn to the impact of technologies such as the Internet, and the legal status of these games under both federal and state laws. I will conclude by discussing the recent efforts to regulate “daily fantasy sports” through the courts and legislation

Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson

Journal of Intellectual Property Law

No abstract provided.

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler

Journal of Intellectual Property Law

No abstract provided.

The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard

Journal of Intellectual Property Law

No abstract provided.

The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon

Journal of Intellectual Property Law

No abstract provided.

First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan

Journal of Intellectual Property Law

No abstract provided.

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Journal of Intellectual Property Law

No abstract provided.

Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Hanging On By A "Tail": New Jersey's 2014 Effort To Legalize Sports Gambling Stays Alive In The Third Circuit, Amelia Curotto

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman

Nevada Law Journal

No abstract provided.

A Changing Game: Challenging The Status Quo In Sports Law, Andrew Brandt, David Falk, Jusin Tuck, David Apfel

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

To Educate Or To Make A Profit: Compensating College Athletes' Families For Travelling Expenses, Sarah L. Holzhauer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Lights, Camera, … Injury! The Nba Needs To Ban Courtside Cameramen, Joshua D. Winneker, Philip Schultze, Sam C. Ehrlich

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Bring It On: Professional Cheerleaders Rally Against Nfl's Employment Policies, Jordan Mcgee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

This Hill Ain't Big Enough For The Both Of Us: How The Feud Between Skiers And Snowboarders Illustrates The Inequality That Has Become The Norm In Equal Protection Land Access Claims, Gregory T. Laudadio

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Faculty Scholarship

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will be remembered by most …

Possession Is 99% Of The Law: 3d Printing, Public Domain Cultural Artifacts And Copyright, Charles Cronin

Minnesota Journal of Law, Science & Technology

No abstract provided.

On Higher Ground?: Baseball’S Antitrust Exemption, Edmund P. Edmonds

Faculty Lectures and Presentations

NEW YORK STATE BAR ASSOCIATION

Commercial and Federal Litigation Section, Spring Meeting, The Otesaga Cooperstown, NY May 13 - 15, 2016

Presentation: On Higher Ground?: Baseball’s Antitrust Exemption

The panel will consider the history, expansion, and endurance of the antitrust exemption for baseball, including discussing decisions calling the exemption into question in light of the doctrinal expansion of Congressional authority under the Constitutional Commerce Clause and the increasingly business-like nature of baseball; recent decisions relating to the baseball exemption; the Supreme Court’s deference to Congress on whether the antitrust exemption should still be applied; efforts in Congress itself to consider …

Putting Public Law Into "Private" Sport, Dionne L. Koller

Pepperdine Law Review

Across all levels of sport — professional, Olympic, intercollegiate, interscholastic, and youth recreational — the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective …

The Times They Are A-Changin': A Legal Perspective On How The Internet Is Changing The Way We Buy, Sell, And Steal Music, B.J. Richards

Journal of Intellectual Property Law

No abstract provided.

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern

Journal of Intellectual Property Law

No abstract provided.

Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng

Journal of Intellectual Property Law

No abstract provided.