Entertainment, Arts, and Sports Law Commons^™

Let’S Talk About Sex: How Societal Value Evolution Has Redefined Obscenity, Kamilah Mitchell

Pace Intellectual Property, Sports & Entertainment Law Forum

This Note seeks to examine the evolution of sex and sexuality in the media, by critically examining how the prevalence of sex and more recently the prevalence of topics and issues related to sexuality in television, literature, electronic media, and art have and continue to impact societal views and notions on obscenity. This Note will also examine the Miller test for obscenity, and the long term effects of societal value evolution on the application of the Miller test. This Note concludes by positing that at some point, the line between what is deemed sexually offensive and what is socially acceptable …

Cash From Chaos: Sound Recording Authorship, Section 203 Recapture Rights And A New Wave Of Termination, Hector Martinez

Pace Intellectual Property, Sports & Entertainment Law Forum

The thesis of this Article is that under an exclusive recording agreement entered into in the United States between a record label and recording artist on or after January 1, 1978, any key member of recording artist that signed the recording contract is a bona fide author of a sound recording for purposes of claiming standing in order to effectuate a termination of transfer of grant under Section 203 of the 1976 Copyright Act.

Part I will summarize the history of sound recordings as copyrightable subject matter. Part II will examine record industry custom and practice as it relates to …

Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangements In Cover Songs Under A Compulsory License, Matthew A. Eller

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in cover versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work (“D1”) is created by an author and another author creates a second derivative work (“D2”) based off of D1. In situations such as these, does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized?

Further, depending on what rights do exist for D1, can …

Pinning Your Way To Copyright Infringement: The Legal Implications Pinterest Could Face, Brittany Fink

Pace Intellectual Property, Sports & Entertainment Law Forum

With the simple click of a button, anyone can copy an image from one place and paste it to another. What some people do not realize is that these actions could have them one click away from copyright infringement. Advancements in technology have made it easier for Internet users to infringe on the rights of copyright owners. Many popular websites, such as YouTube and Facebook, have seen the dangers of allowing users to upload videos and images onto their websites. However, one popular website has not yet seen the wrath of copyright owners. This Article looks at the rights copyright …

The Patent Reform Debate: Has Patent Overprotection Resulted In Not-So-Smartphones?, Ryan A. Kraski

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article discusses the issue of excessive patent protection and possible remedies; the discussed remedies are the usage of antitrust laws or simply replacing certain patents with copyright protection. This Article first explores the relationship between patent protection and antitrust law. It then describes a number of tests that have been used in the past and one proposed new test, designed to confront this interrelationship. While considering these tests, this Article applies two controversial real-world patents to each in order to examine their benefits and problems. This Article then goes on to discuss the possible benefits of protecting inventors through …

Cleaning Out The Closet: A Proposal To Eliminate The Aesthetic Functionality Doctrine In The Fashion Industry, Jessie A. Maihos

Pace Intellectual Property, Sports & Entertainment Law Forum

The aesthetic functionality doctrine seeks to promote competition, but is ineffective in the fashion industry because there is not one design that will be the most aesthetically appealing to everyone, as there is in other industries. This Article examines the various problems with the aesthetic functionality doctrine, and will argue that this doctrine, while relevant in other industries, should be eliminated from fashion.

Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014

Pace Intellectual Property, Sports & Entertainment Law Forum

This issue of Pace Intellectual Property, Sports & Entertainment Law Forum includes articles on the modern legal issues & developments affecting fashion, the Internet, music, film, international sports, constitutional law & the lives of celebrities.

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

Articles

Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2-1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be "transformed," the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …

Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone

Nevada Law Journal

No abstract provided.

Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey

Nevada Law Journal

No abstract provided.

Dropping The Ball: The Failure Of The Ncaa To Address Concussions In College Football, K. Adam Pretty

Notre Dame Law Review

Part I of this Note will examine the medical history of concussions, and the growing link between concussions suffered by football players and the development of long-term head injuries. Part II will discuss factors that exacerbate the concussion problem in football, as well as examine how the head injury issue is being addressed by the NCAA, the National Football League (NFL), and state legislatures. Part III will examine the NCAA’s duty to protect student-athlete safety in light of the ongoing litigation against the NCAA, specifically the potential scope of legal liability for head injuries. Part IV will focus on what …

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann

Pepperdine Law Review

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …

Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen

Pepperdine Law Review

No abstract provided.

The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten

Pepperdine Law Review

No abstract provided.

Head Injuries, Student Welfare, And Saving College Football: A Game Plan For The Ncaa, Rodney K. Smith

Pepperdine Law Review

This article sets forth a challenging but viable game plan for protecting the health and well-being of intercollegiate football players. Acting proactively will help revitalize the NCAA's brand of competitive, student-centered athletics. This article consists of three parts: The Problem of Head Injuries in College Football; Solving the Problem of Head Injuries in College Football; and Conclusion.

A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman

Pepperdine Law Review

No abstract provided.

An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff

Pepperdine Law Review

This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and …

Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston

Pepperdine Law Review

On Friday, April 5, 2013, Pepperdine University School of Law in Malibu, California convened the Pepperdine Law Review Symposium on The New Normal in College Sports: Realigned and Reckoning. Highlights included a conversation with institutional leaders of major intercollegiate athletic programs; a consideration of the possibility of an antitrust exemption for the NCAA; the impact of conference realignment, digital media, broadcasting, and commercialization; and other emerging hot topics in college sports.

American Broadcasting Cos. V. Aereo, Inc.: Brief Of 36 Intellectual Property And Copyright Law Professors As Amici Curiae In Support Of Respondent, Jessica Litman

Appellate Briefs

Amici curiae are law professors who teach and write about intellectual property and copyright law at law schools, colleges, and universities throughout the United States and Canada. We have no personal stake in the outcome of this case; our interest is in seeing that copyright law is applied in a manner most likely to fulfill its Constitutional mandate "to promote the Progress of Science," taking into account both the protections afforded to and the obligations imposed upon copyright holders and users of copyrighted works.

Sticking The Landing: How The Second Circuit's Decision In Biediger V. Quinnipiac Univ. Can Help Competitive Cheerleading Achieve "Sport" Status Under Title Ix, Jacqueline R. Liguori

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Ncaa's Transfer Of Power: An Analysis Of The Future Implications The Proposed Ncaa Transfer Rules Will Have On The Landscape Of College Sports, Matthew R. Cali

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Atwater V. Nflpa: Casting Doubt On The Effect Of Exculpatory Language In Collective Bargaining Agreements, Timothy L. Kianka

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson

Faculty Works

Unless middle school and high school girls in urban, rural, and minority communities are given the opportunities to participate in the emerging women’s sports, gender equity is being only facially achieved because Title IX requirements are implemented without specific regard to detrimental impacts on the aforementioned subgroups. This Article will consider the intersection of race, gender, economic status, and community characteristics with sports participation for girls in grades K-12 and will argue that there are two categories of intentional discrimination that are both actionable under Title IX. The first is direct discrimination by a perpetrator of the discrimination — the …

Alleging An Anticompetitive Impact On A Discernible Market: Changing The Antitrust Landscape For Collegiate Athletics, Randy Haight

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Interview - Nfl Concussion Litigation Resolved: Inside The Settlement With Plaintiff's Co-Lead Counsel, Sol Weiss, Sol Weiss, Andrew Brandt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

There's A New Sheriff In Town: Commissioner-Elect Adam Silver & The Pressing Legal Challenges Facing The Nba Through The Prism Of Contraction, Adam G. Yoffie

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Remember The Titan: Matthews V. Nfl Leaves The Playing Field Wide Open For Future Compensation Claimants, Angela Casey Brosnan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

"Half Mental": Resolving The Risks Posed By Dual Competencies In Applied Sport Psychology, Francis X. Baker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Forced Turnovers: Using Eminent Domain To Build Professional Sports Venues, Peter Montine

Washington Journal of Law, Technology & Arts

If a city wants to keep a professional sports team within its borders, can that city use the power of eminent domain to do so? Although cities have not been able to successfully condemn the actual sports franchises within their respective cities, they have been successful in condemning land for the development of new sports venues intended to entice their teams to stay. In 2005, the City of Arlington, Texas invoked the power of eminent domain to condemn and destroy houses to make room for the Dallas Cowboys’ new stadium. In 2006, New York City used eminent domain on land …

Rauschenberg, Royalties, And Artists' Rights: Potential Droit De Suite Legislation In The United States, M. Elizabeth Petty

William & Mary Bill of Rights Journal

No abstract provided.