Entertainment, Arts, and Sports Law Commons^™

Probating Prince’S Estate: Who Will End Up With The Singer’S Substantial Intellectual Property?, J. Gordon Hylton

Cybaris®

No abstract provided.

College Athlete Rights After O'Bannon: Where Do College Athlete Intellectual Property Rights Go From Here?, Victoria Roessler

Vanderbilt Journal of Entertainment & Technology Law

The recent O'Bannon v. NCAA decision, which gave student athletes a right in products that exploit their image and likeness, will have a profound impact on college athlete rights. This giant step forward will propel student athletes to fight for more intellectual property rights. Following the footsteps of professional athletes, these rights will likely include copyrighting sports moves, touchdown celebrations, and signature phrases as well as trademarking nicknames and touchdown dances. This Note encourages the adoption of a program giving student athletes these rights and allowing them to receive compensation, uncapped, that they would split evenly with his or her …

Panel 2: Native Advertising, Ellen Goodman, Rick Kurnit, Shelly Paioff, Jeremy Sheff, Po Yi, Felix Wu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Uncoordinated Public Domain, Robert Spoo

Cardozo Arts & Entertainment Law Journal

When nations amend their copyright laws in response to calls for international harmonization, they usually expand authors' rights without also seeking to harmonize national public domains. Divergent national copyright laws have resulted in an uncoordinated global public domain that renders authors' works freely available for use in some countries while subjecting them to copyright or moral-rights protection in others. While the fragmented global commons thwarts many valuable uses of cultural resources, it has especially deleterious effects on the ability of researchers to access, copy, and disseminate historical and literary materials, many of which remain unpublished. These effects are mirrored and …

Panel 1: Policy Considerations & Industry Perspectives On 3d Printing, Greg Boyd, Martin Galese, John Knapp, Natalia Krasnodebska, Michael Weinberg, Aaron Wright

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel 2: Liability Issues And 3d Printing, Mark Bartholomew, Gianni P. Servodidio, Katherine Strandburg, Felix Wu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Can Dna Be Speech?, Jorge R. Roig

Cardozo Arts & Entertainment Law Journal

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

This Article discusses a myriad of current and developing ways in which …

Access-To-Error, Michal Shur-Ofry

Cardozo Arts & Entertainment Law Journal

Access to knowledge is a crucial part of the innovation paradigm, and its significance for development and progress is well recognized Conversely, the role of errors, failures, and additional types of negative information in the dynamics of innovation is insufficiently explored in law and policy scholarship. This Article focuses on errors as drivers of innovation, and explores new ways for facilitating access to error.

Drawing on multidisciplinary research-ranging from philosophical accounts of progress through studies of complex systems to accumulating reflections from diverse scientific communities-this Article demonstrates that, counterintuitively, errors and innovation are inextricably linked. Yet, the principal legal, institutional, …

Disciplining The Right Of Publicity's Nebulous First Amendment Defense With Teachings From Trademark Law, Wee Jin Yeo

Cardozo Arts & Entertainment Law Journal

Academic commentators, practitioners and students alike have written a flurry of articles on the First Amendment defense in right of publicity law, as courts cannot seem to agree on the appropriate balancing test that should be used to weigh celebrities 'publicity rights against the public's rights to use celebrity personas as communicative tools. Various tests have been proposed as the panacea, but are ultimately unsatisfactory, due to inadequacies that prevent them from striking a normatively desirable balance.

This Article suggests that the core normative justification behind the right of publicity is the prevention of unjust enrichment. Thus, following recent developments …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 34 (2015-16)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 34, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel 1: False Advertising, Ashima Dayal, Jeffrey Greenbaum, Jen Lavie, Rebecca Tushnet, Brett Frischmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Technology, Gender And Fashion, Jeanne L. Schroeder

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cache-22: The Fine Line Between Information And Defamation In Google's Autocomplete Function, Kacy Popyer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Unlock The Music: Replacing Compulsory Music Licenses With Free Market Negotiation, Karen (Kai-Wen) Hsieh

Cardozo Journal of Conflict Resolution

To understand the impact that compulsory licenses have on the music industry, Section II of this Note focuses on the three major licenses for music compositions-the mechanical license, the performing rights license, and the sync license. Section III discusses why compulsory licenses no longer benefit the music industry and why free market negotiation is the superior approach. This section will also address the potential problems arising from free market negotiation, such as the power imbalance in negotiations between major record labels and new artists. Finally, Section IV proposes online mediation to remedy the difficulties that may occur due to unrestricted …

Prosecuting The Cia: Does The Computer Fraud And Abuse Act Allow For Liability?, Sam Taterka

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Time To Pay College Athletes? Why The O'Bannon Decision Makes Pay-For-Play Ripe For Mediation, Andrew Steckler

Cardozo Journal of Conflict Resolution

Between the mounting pressure of public opinion, and continuing litigation in which various plaintiffs are seeking to take advantage of the player-friendly language in O'Bannon, the power dynamic in college athletics is shifting back towards the players. The previously uneven playing field is leveling. This Note examines how to inject mediation into the "pay-for-play" debate to better serve the interests of the NCAA, the major conferences (Big 10, SEC, ACC, Big 12, and Pac-12), and the student-athletes in the wake of O'Bannon. While litigation was necessary to start the process, ultimately, it will be up to the NCAA …

The Ninth Circuit's Decision In Von Saher V. Norton Simon Museum Of Art At Pasadena: The Invocation Of The Act Of State Doctrine And Its Implications For Future Nazi-Stolen Art Claims, Erica Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Did Vimeo Kill The Radio Star? Dmca Safe Harbors, Pre-1972 Sound Recordings & The Future Of Digital Music, Tatsuya Adachi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Social Anxiety Disorder And The Americans With Disabilities Act's Impact On A Professional Athlete's Media Obligations, Matthew Gollub

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Bitcoin Transactions: A Bit Of Financial Privacy, Sumit Agarwal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Offensive Linemen: How Pro Football, Inc.'S Responses To The Cancellation Of The Redskins Registrations Should Be Incorporated Into The Uspto's Future Analyses Of Disparaging Trademarks, Stella Silverstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Terrorists And Antiquities: Lessons From The Destruction Of The Bamiyan Buddhas, Current Isis Aggression, And A Proposed Framework For Cultural Property Crimes, Whitney Bren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Scratching The Seven-Year Itch: A Call To Reform California Labor Code Section 2855(B), Alyssa Kaplun

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Heads Up: The Concussion Crisis, Gabriel Blum

Cardozo Journal of Equal Rights & Social Justice

The note examines the concussion crisis in sports, particularly focusing on the severe health risks associated with traumatic brain injuries (TBIs) and chronic traumatic encephalopathy (CTE). It argues that while some view the issue as overblown, the growing evidence of debilitating short- and long-term health consequences for athletes, especially young ones, necessitates stronger legislative action. The note advocates for New York legislators to amend the Concussion Management and Awareness Act to include more robust protections and enforcement mechanisms to reduce concussion rates and improve care for affected athletes.

Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden

Cardozo Journal of Equal Rights & Social Justice

The note critiques the current interpretation and application of Title IX in college athletics, particularly the Three-Part Test used by the Office for Civil Rights (OCR). It argues that the test's focus on proportionality often leads universities to cut men's sports to achieve gender balance, which undermines the broader goal of gender equality. The author proposes a more nuanced approach, advocating for sport-specific evaluations and the elimination of the Contact Sports Exception to better align Title IX compliance with its intended purpose of preventing discrimination.

Apple, Inc. V. Samsung Electronics Co.: Economics Of Design Patent Trolling, Timothy Coughlin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 34, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductions, Matthew Diller

Cardozo Arts & Entertainment Law Journal

No abstract provided.