Entertainment, Arts, and Sports Law Commons^™

From Murphy To The Seminole Compact: California’S Pathways To Sports Betting Legalization Without A Constitutional Amendment, Makenalani “Roo” Cash

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Replicating Reality: Is Trademark Use In The Metaverse Commercial Or Expressive?, Vito Quaglia

UC Law SF Communications and Entertainment Journal

This Note will examine how trademark law should be applied to emerging digital spaces known as metaverses, which can function as both new-age video games and digital marketplaces. The Note will first explain the concept of the metaverse. Next, it will lay out the current landscape of trademark law as it is applied to marks in artistic works, including First Amendment protections for artistic relevance. Then, the Note will illustrate trademark infringement lawsuits dealing with fashion and digital media. Following that, this Note will detail how trademark law is applied to video games, especially in cases involving artistic expression. The …

Generative Al's Illusory Case For Fair Use, Jacqueline C. Charlesworth

Vanderbilt Journal of Entertainment & Technology Law

Pointing to Authors Guild, Inc. v. Google Inc., Authors Guild, Inc. v. HathiTrust, Sega Enterprises Ltd. v. Accolade, Inc. and other leading technology-driven fair use precedents, artificial intelligence (AI) companies and those who advocate for their interests claim that mass unauthorized reproduction of books, music, photographs, visual art, news articles, and other copyrighted works to train generative AI systems is a fair use of those works. Though acknowledging that works are copied without permission for the training process, the proponents of fair use maintain that an AI machine learns only uncopyrightable information about the works during that process. Once trained, …

A Unicorn No More? The No-Trade Clause And Its Potential To Reshape Nba Contractual Negotiations, Paul Gerstle

Vanderbilt Journal of Entertainment & Technology Law

The no-trade clause, which, in the simplest of terms, allows a player to block his organization from trading him, is somewhat of a unicorn in NBA contractual circles. It has been sparsely used in the National Basketball Association (NBA) history, and there are certainly some good reasons for this. Allowing a player to control his fate without any potential for a trade puts his team in a straitjacket. Thus, teams have long kept their distance from the no-trade clause, with only ten players in NBA history having a no-trade clause in their contract. Most of these players have been legends …

Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson

Political Science Theses and Capstones

In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …

Real Housewives & Real Crimes: The Implications Of Broadened Privacy Rights On White-Collar Offenses, Shrinithi Venkatesan

William & Mary Business Law Review

Reality television stars turn their fame into fortune, often blurring ethical lines as they exploit their platforms for personal gain. These personalities engage in fraud, tax evasion, and embezzlement, all while maintaining a prominent presence on-screen. Specifically, stars on The Real Housewives franchise realize tremendous successes from their stints on the famous television show by capitalizing on their exposure through social media. With their newfound wealth and fame, many of these stars commit white-collar crimes under their viewers’ watchful eyes. This Note examines three prevailing examples of reality television stars who committed various white-collar crimes. Interestingly, networks tolerate criminal behavior …

Navigating The Legal Risk Universities' Healthcare Providers Potentially Face From Medical Decisions Impacting Collegiate Athletes' Future Nil Income While Following The Ncaa's Mental Health Best Practices, Kenneth D. Ferguson

Faculty Works

This Essay is written to address a series of questions encompassing name, image, and likeness (NIL) opportunities available to collegiate athletes in sports where the potential is high for head and other career-ending injuries. Sports performance can produce significant economic value through NIL. Decisions made by team physicians, athletic trainers, or other healthcare professionals may affect a collegiate athlete's potential for financial gains expected through NIL. These physicians, athletic trainers, and other healthcare professionals will have to consider whether they could be held personally liable for health care-related decisions affecting financial gains collegiate athletes could potentially experience from NIL.

Part …

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

Articles

In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …

Kendra's Paradox: Redefining The Statutory Approach To Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian

Cardozo Journal of Equal Rights & Social Justice

The note critically examines the limitations of Kendra's Law in New York, which provides Assisted Outpatient Treatment (AOT) for individuals with severe mental illnesses. While the law aims to balance public safety and individual rights, its strict eligibility criteria often prevent timely intervention, leading to worse outcomes for those in need. The note proposes reforming the law to prioritize clinical assessments over past actions, enabling earlier intervention while respecting individual rights. This reform would address the law's retroactive nature and promote a more proactive, compassionate approach to mental health care.

Courtside To Courtroom: Examining Online Sports Gambling, Liability Litigation, And The Need For Congressional Reform, Sadie Sand

University of Cincinnati Law Review

No abstract provided.

The Legal Reckoning Of Reality Television: Contestant Rights And Producer Responsibilities, Tyler Caffrey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Reality television has become a dominant force in modern entertainment. Behind the scenes, however, contestants face serious legal and ethical concerns. Many reality TV participants allege exploitative working conditions, misleading contracts, and inadequate compensation. Traditionally, networks classify contestants as independent contractors, exempting them from labor protections such as minimum wage and overtime pay.

A Conversation With George Bouvier, Cardozo Fame Center, George Bouvier

2025 Event Invitations

Join the FAME Center as we host the Founder and Executive Director of Academia Cerebra, George Bouvier. He will be in conversation with the Fashion Law Society to discuss FAME’s collaboration with Academia Cerebra, Europe’s premier academy specializing in luxury fashion.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

The Fame Center And Fashion Law Society Invite You To Staying Stateside: International Students In The U.S., Cardozo Fame Center, Fashion Law Society, Barbara Kolsun, Anna Radke, Simone Morabito

2025 Event Invitations

If you are a current international LL.M. seeking to establish yourself in the United States, we invite you to join Professor Barbara Kolsun, Director of the FAME Center, as she welcomes back two recent Cardozo graduates to share their journeys of securing employment.

• Anna Radke '17, Partner, Brand Counsel, P.C., IP and Business Attorney

• Simone Morabito '19, Associate at Fragomen, Del Rey, Bernsen & Loewy LLP

The Times They Are A-Changin': Adapting Copyright Law To Generative Ai, Giovanni Lomonaco

Pace Law Review

Artificial intelligence has come a long way since the days of the “heartless” tin man of the Wizard of Oz, and the cool, precise autonomy of Kit from Nightrider. We have moved rapidly from mere questions about what life could be like with autonomous machines, to having books, movies, and albums created using machines for part or even all of the process. The Copyright Act, however, has not come as long of a way since the implementation of the most recent version of the Act in 1976. Recently, the federal district court for the District of Columbia held …

Eating What They Kill: The Stark Reality Of Athlete Compensation In Mixed Martial Arts And Potential Solutions, Christopher Piel

Arkansas Law Review

“They eat what they kill.” Dana White, President of the Ultimate Fighting Championship (“UFC”) said this about the state of fighter pay in the organization. White, the voice of the company, holds firm that fighters are adequately compensated for their services. The reality is that UFC fighters are not paid what they deserve, and, one way or another, there are big changes coming to the organization and the sport of Mixed Martial Arts (“MMA”) as a whole. In this Comment, I will discuss how the UFC has used its market power to suppress fighters’ wages and subject fighters to inequitable …

Olympic Dreams Dashed: Arbitrating Seconds, Grams, Identity, And Time At The Paris Olympic Games 2024, Maureen A. Weston

Nevada Law Journal

No abstract provided.

Real Concerns For An Artificial Threat: Artists, Ai, And The Battle To Script Hollywood’S Future, Evan Sommer

Nevada Law Journal

No abstract provided.

The Illusion Of Inclusion: The False Promise Of The New Governance Project For Content Moderation, Brenda Dvoskin

Fordham Law Review

Because private companies now control the most prominent communication platforms, the most pressing question in the field of content moderation is how to ensure that the governance of public discourse responds to public values. The prevailing approach, given that the state cannot regulate speech directly, is that state regulation can be substituted with audited self-regulation, broad stakeholder participation, and negotiated rulemaking. In this model, which this Article refers to as the “new governance model for content moderation,” companies include advocates as representatives of the public in their processes to govern online speech. Ideally, they negotiate policy goals and share responsibility …

Reimagining The Music Industry: In Search Of A More Perfect Union, Loren E. Mulraine Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

This Article challenges the long-standing accepted business model of the music industry, including recording contract terms, ownership of masters, artist recoupment, and copyright terminations. It explores the negative implications of failing to revise these methods and neglecting to create a more equitable relationship between artists and recording companies. Indeed, the music industry is an outlier from almost every commercial industry in its financing structure. As such, this Article suggests that the future industry model should include equity ownership of master recordings. It then reviews the need to revise contract terms and eliminate the unilateral options and the unduly burdensome clauses …

Pregnancy & Elite Athletes: Hamby Alleges Discrimination In Suit Against The Wnba And Las Vegas Aces, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

In August of 2024, Dearica Hamby sued the WNBA and Las Vegas Aces alleging Pregnancy Discrimination under both Title VII and Nevada state law. While this case might be novel for a WNBA player, issues surrounding pregnancy and elite women's sport are not. High profile cases such as Brady v. Sacred Heart in 2003, Castergine v. New York Mets in 2015, and even Allyson Felix’s contract dispute with Nike starting in 2017 (after Kara Goucher’s previous pregnancy-related contract issues) all have highlighted a need for sensible, and non-punishing, pregnancy-related policies for female athletes. The purpose of this presentation is to …

A Conversation With Julia Haart, Cardozo Fame Center, Fashion Law Society, Michelle Greenberg-Kobrin, Julia Haart

2025 Event Invitations

Step into the world of innovation and entrepreneurship with Cardozo's FAME Center and the Fashion Law Society as they host an exclusive event featuring Julia Haart—CEO, designer, author, activist, producer, and the captivating star of Netflix's “My Unorthodox Life.” Join her in a riveting dialogue with Professor Michelle Greenberg-Kobrin, as they delve into Julia's non-traditional journey to the C-suite and her trailblazing approach to business.