Entertainment, Arts, and Sports Law Commons^™

Baseball’S Interesting Relationship With The U.S. Supreme Court, Edmund P. Edmonds

Faculty Lectures and Presentations

Road Scholars

Florida State University’s series of talks by distinguished scholars from other institutions in the Atlantic Coast Conference

"Hasta La Vista, Funny Guys": Arnold Schwarzenegger's Fictional Voice Misappropriation Lawsuit Against Comedians Imitating His Voice And The Case For A Federal Right Of Publicity Statute, Blair Joseph Cash

Journal of Intellectual Property Law

No abstract provided.

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

The Twelfth Round: Will Boxing Save Itself?, Katherine Figueroa

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Scenes From The Copyright Office, Brian L. Frye

Law Faculty Scholarly Articles

This essay uses a series of vignettes drawn from Billy Joel’s career to describe his encounters with copyright law. It begins by examining the ownership of the copyright in Joel’s songs. It continues by considering the authorship of Joel’s songs, and it concludes by evaluating certain infringement actions filed against Joel. This Essay observes that Joel’s encounters with copyright law were confusing and frustrating, but also quite typical. The banality of his experiences captures the uncertainty and incoherence of copyright doctrine.

A Riff On Billy The Kid, Richard H. Underwood

Law Faculty Scholarly Articles

In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.

Online Gaming And The Pay-To-Win Problem: Legal Deterrence Or Industry Self-Regulation?, Simone Darakjian

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Stripping Down A Victory For Adult Entertainment: Showtime Entertainment, Llc V. Town Of Mendon, Ethan Bond

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Stop Bashing Breyer: How The Justice's Powerful Subtlety Out-Witted Scalia In Aereo Iii, Zachary Stirparo

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Sports Scandals From The Top-Down: Comparative Analysis Of Management, Owner, And Athletic Discipline In The Nfl & Nba, Joshua S.E. Lee, Jaimie K. Mcfarlin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Olympic Game Host Selection And The Law: A Qualitative Analysis, Ryan Gauthier

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Singh V. Pga Tour: A David V. Goliath Battle, Andrew Zoeller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Up In Arms: The Hunt To Define The Second Amendment's Scope, Holly E. Jones

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt

Journal of Intellectual Property Law

No abstract provided.

Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa, Stephanie Jade Bollinger

Brigham Young University Education and Law Journal

No abstract provided.

The Right-Of-Publicity Challenges For Tattoo Copyrights, Yolanda M. King

Nevada Law Journal

No abstract provided.

2016 Exchanged Figures Chart, Edmund P. Edmonds

Annual Exchanged Figures Charts

No abstract provided.

2016 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

Copy Game For High Score: The First Video Game Lawsuit, William K. Ford

Journal of Intellectual Property Law

No abstract provided.

Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero

University of Miami Law Review

The issue of nonconsensual pornography has recently been brought into the limelight because of events like the online postings of celebrities’ intimate photos. Non-celebrities, however, have been victimized in this way since long before the recent hackings, and their lives are also changed in the worst possible way. The harms that result from the unconsented-to distribution of an individual’s intimate photos and videos are severe and oftentimes long-lasting. This Comment suggests that an alternative proposal to help nonconsensual pornography victims regain their reputations, their privacy, and their lives, is to federally criminalize the nonconsensual distribution of a person’s intimate images …

Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel

Duke Law & Technology Review

If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S. Supreme Court decision regarding the Copyright Act employed this “duck test” when determining that Aereo, an Internet content-streaming company, violated the Copyright Act by infringing on the copyrights of television broadcast networks. The Supreme Court ruled that Aereo's Internet streaming services resembled cable television transmissions too closely. Therefore, by streaming copyrighted programming to its subscribers without the cable compulsory license, Aereo violated the Transmit Clause of the 1976 Copyright Act. Subsequently, Aereo used this Supreme Court …

The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen

UC Law SF Communications and Entertainment Journal

Since the rapid expansion of the Internet in the 1990s and through the 2000s, Internet entrepreneurs and technology companies continue to discover new ways to offer music online for free. A large portion of the music offered by these services was created prior to 1972, the year the Sound Recordings Act of 1971 established as the cut-off for federal copyright protection. These pre-1972 sound recordings are covered by a patchwork of state and common law, which varies greatly from state to state. Though some music services have shielded themselves with the safe harbor provision offered to Online Service Providers ("OSPs") …

Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel

UC Law SF Communications and Entertainment Journal

In 2015, the Federal Communications Commission ("FCC") decided to reclassify broadband Internet service as a telecommunications service subject to Title II regulations contained in the Communications Act. This decision is currently under review by a three­ person panel of judges for the D.C. Circuit. A key question in the review will be whether the FCC's reclassification decision is eligible for Chevron deference. The answer to this question will likely be based on lessons learned from similar cases dealing with Chevron deference that the Supreme Court has addressed. For instance, the fact that the reclassification decision is likely to be characterized …

There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith

UC Law SF Communications and Entertainment Journal

Smoking is the most common preventable causes of death in the United States and costs society billions of dollars each year. Most smokers become addicted at a young age, but often have no legal remedy from smoke-related injuries. Smoking in movies is a significant factor in the initiation of youth smoking, yet the Motion Picture Association of America ("MPAA") does not factor "smoking" into movie ratings. This note argues that in order to reduce the harmful effects of youth smoking, movies with depictions of cigarettes should be rated R. In order to pressure the MPAA into making this change, potential …

Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff

UC Law SF Communications and Entertainment Journal

Currently, there is not a uniform international standard for the protection of journalists against politically motivated claims of espionage, and this void allows governments to cloak politically motivated claims of espionage as a "national security threats." The purpose of this article is to propose amending the International Covenant on Civil and Political Rights ("ICCPR"), to remove the void, by making Article 19 a nonderogated right for journalists who are reporting and participating in political expression.

Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah

UC Law SF Communications and Entertainment Journal

Title III of the Americans with Disabilities Act ("ADA") aims to prevent discrimination against the disabled in places of public accommodation. Unlike many other anti­ discrimination statutes, the ADA requires places of public accommodation to take affirmative steps to ensure access for the impaired. Courts currently differ on whether a place of public accommodation requires a physical location or whether nonphysical places, such as a retailer's website, also fall under the statute. Some courts apply the nexus test to determine the whether the ADA applies to online content. Under the nexus test, there must be a connection between a physical …

Uber Television: Internet-Only Television Stations, Henry Perritt

All Faculty Scholarship

Broadcast television in the United States is under siege. Viewers are jumping ship, finding their news and entertainment on the Internet. A thicket of intellectual property license restrictions makes it difficult for broadcasters to follow them. Some content producers limit distribution for the acknowledged purpose of slowing the migration to new technologies. The FCC’s Broadcast Incentive Auction provides an opportunity for TV stations to get a fresh start. By abandoning expensive transmitters and antennas, by embracing the Uber ride-sharing model of contingent work, by taking advantage of the creativity of indie video producers, by utilizing the full potential of targeted …