Entertainment, Arts, and Sports Law Commons^™

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UC Law SF Communications and Entertainment Journal

No abstract provided.

Artificial Authorship On The Big Screen: Regulating Ai In Scriptwriting, Cassie Larson

UC Law SF Communications and Entertainment Journal

While the rise of artificial intelligence (AI) offers exciting, new creative possibilities for the entertainment industry, it also threatens to replace or undercompensate the humans who have been at the backbone of the industry since its inception. AI’s increasing ability to generate human-quality content raises concerns about job displacement and copyright ownership for scriptwriters. While the recent Writers Guild of America (WGA) strike secured several protections, the unique and rapidly evolving nature of AI requires that further legal safeguards be created. This Note argues for additional regulations to ensure that AI remains a collaborative tool for scriptwriters and not a …

Toxic Minimalism On The “Yolo” Court: The Supreme Court’S Dangerous Muddle In First Amendment And Speech-Adjacent Law, Matthew D. Bunker, Emily Erickson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Pack Your Bags…We’Re Moving To The Public Domain: The Expiration Of Copyright Terms And Its Implications On Future Protection, Sophie Ganion

UC Law SF Communications and Entertainment Journal

The following Note addresses the expiration of copyright terms for a multitude of creative works and the various implications of that expiration for their future IP protection. It explores the conflicting perspectives of stakeholders, from the excitement of artists and everyday creatives versus the concerns of industry leaders about the potential erosion of their copyright monopolies. Drawing from landmark cases like Baker v. Selden and Dastar Corporation v. Twentieth Century Fox Film Corp., this Note highlights the complex questions surrounding copyright expiration and the strategic use of trademark protection. The Note emphasizes the necessity for coherent legal frameworks to ensure …

Human Rights Forum Shopping In Transnational Sport Disputes, Ilias Bantekas

Brooklyn Journal of International Law

Professional athletes must adhere to the dispute resolution mechanisms contained in their agreements with sport governing bodies (SGBs). These typically provide for SGB institutional arbitration with appeals against such awards to CAS, although in some instances direct recourse to CAS is also possible. These mechanisms do not cater for attendant human rights claims arising from the underlying dispute. This article suggests that a variety of sui generis forum shopping possibilities are available to address this deficit. Applicants may approach national courts with a sufficient jurisdictional link to the SGB in question by raising constitutional (and by extension human rights) and …

Does The Loss Of Chance Doctrine Have A Chance In International Sport Arbitration?, Dmitry A. Pentsov

Brooklyn Journal of International Law

The Article analyzes whether and, if so, how, the loss of chance doctrine providing the basis for claims against person who deprived victims of a chance of occurrence of a certain result or decreased this chance could be used in international sport arbitration at the Court of Arbitration for Sport (CAS). It provides a comparative analysis of applicability of this doctrine under English law, French law, and the law of the State of New York to sport competitions and outlines potential problems of utilizing this doctrine in the CAS arbitration through domestic law based on choice-of-law rules. The Article argues …

Sliding Into Safety: Why Formal United Nations Or United States Sanctions Or Action Would Help Major League Baseball Curb Human Smuggling And Trafficking Issues, Maxwell Russ

Brooklyn Journal of International Law

Every year when the baseball season ends and the offseason begins, professional teams’ front offices go searching for the best available players. Often, incredibly talented baseball players can be found across the world and today, Major League Baseball (MLB) players come from across the globe. Yet, despite the global outreach of MLB, the process by which teams are allowed to search for, recruit, and sign foreign-born players remains largely unregulated by the league itself. For years, stories of players from foreign countries being subjected to shady and unethical practices have begun to surface. This dark side of baseball was even …

How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman

Brooklyn Journal of Corporate, Financial & Commercial Law

In recent years, the world of sports has been disrupted by foreign nations engaging in human rights violations, masking their wrongdoings through sport-related investments. This practice, referred to as “sportswashing,” has negative impacts on both the sports industry at large and the individual victims whose suffering is perpetuated. Currently, there is no direct legislation preventing foreign investors from taking over sports franchises in the United States. However, the Committee on Foreign Investment in the United States, the United Nations, and sports leagues’ private regulations, each provide means to resist sportswashing. This Note analyzes the problem of sportswashing, the existing framework …

Nil: How Third-Party Businesses Exploit Collegiate Student-Athletes With Impunity, Matthew Glogower

Brooklyn Journal of Corporate, Financial & Commercial Law

While there are numerous state NIL (name, image, and likeness) laws protecting student-athletes from economic exploitation, there is no federal law which offers universal protection, nationwide, to student-athletes. State NIL laws offer some protections for student-athletes from exploitation by colleges, universities, and boosters, but there is no protection for student-athletes who sign NIL deals with for-profit third-party businesses. These NIL deals, between the student-athlete and third-party businesses, make up the majority of NIL agreements. Section 6 of the proposed College Athlete Economic Freedom Act (“CAEFA”), titled “Enforcement Provisions,” aims to codify federal protection for student-athletes against colleges, universities, and boosters, …

After Further Review: Are Ncaa Conferences Now Subject To Antitrust Liability?, Madison Huberman

Brooklyn Journal of Corporate, Financial & Commercial Law

Following the Alston decision, the landscape of college athletics has undergone significant transformation. Although the Supreme Court in Alston previously determined that individual conferences lacked power over the relevant market, this is no longer true for all conferences. This note explores the potential antitrust liability facing individual NCAA conferences in the post-Alston era. It reviews the NCAA’s historical context, its member institutions, and the variations in membership across Divisions and sports. The analysis then shifts to the current state of college athletics, including NIL policies, conference realignment, and media rights deals. The note further assesses whether certain conferences are susceptible …

The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss

Journal of Law and Policy

In 2016, the United States Women’s National Team began a lengthy fight for equal pay by filing a complaint with the Equal Employment Opportunity Commission. In 2019, the fight continued when the team sued the United States Soccer Federation for gender discrimination. When the court granted summary judgment to the U.S. Soccer Federation on their Equal Pay Act claim, it closed the door for the team to achieve equal pay through a public law remedy. The tedious fight came to an end with a settlement which guaranteed that the U.S. Men’s and Women’s National Teams would be paid equally. Although …

Predetermined Event Wagering And Betting On The Past, Emmaline Friederichs

Cardozo Law Review

The newfound freedom of states to legalize sports betting following the demise of the Professional and Amateur Sports Protection Act in 2018 has led to rapid growth of the sports betting market. In an attempt to further capitalize on the appetite for sports wagering, states and sportsbooks have recently started to expand their offerings by opening betting lines on entertainment award shows. This move, paired with WWE’s recent interest in entering the market, has raised concerns that predetermined events are particularly vulnerable to event manipulation and betting using insider information. This Note argues that the current state regulatory schemes are …

Power And Finesse: How The United States’ And Australia’S Women’S National Soccer Teams Score For Equal Pay, Arianna Amato

University of Miami International and Comparative Law Review

Over the last fifty years, women’s soccer has emerged as a segment of the sport attracting an audience of all ages, genders, and national origins. Despite its relatively young but dense history, the sport’s following is fun, passionate, and inspiring to both die-hard fans and casual viewers alike. However, with its explosion in popularity comes a corresponding rise in life-altering issues requiring legal solutions. Behind the scenes, these female athletes come together not only over their love of the beautiful game but in confronting similar challenges regarding their employment agreements, which are governed by domestic and international labor law, as …

Ai Fanfare & Fanfiction: Do Fanfiction Writers Have Protections Against Artificial Intelligence?, Sinbay Tan

Brooklyn Law Review

As artificial intelligence (AI) becomes a familiar topic in everyday conversation and now increasingly in courts, there is a conflict between its use in creative and artistic spaces. While authors and artists enjoy copyright protections that might shield their works from being misused, there are millions of fanfiction writers who have no such protections. After all, the essence of fanfiction is rooted in writing about the characters, settings, and stories made by someone else. After decades of writing online, these fanfiction authors face the threat of having their works scraped up and fed into AI algorithms to be used in …

Generative Artificial Intelligence And Copyright In The Film And Media Industry, Victor A. Oberting Iv

Washington and Lee Law Review Online

The development of generative artificial intelligence (“GAI” or “generative AI”) introduces compelling benefits and capabilities to filmmakers and artists, but also brings complications regarding copyright of creative works. The American film and media industry in particular illustrates the scope of GAI’s legal, economic, and ethical implications. Though GAI may exhibit characteristics of independent agency or intent, GAI models are best understood as a new set of tools that serve a diverse range of applications in the creative process. The potential benefits of this set of tools can only be realized, then, if the filmmakers who use them are not unreasonably …

Taxation's Limits, Luís C. Calderón Gómez

Northwestern University Law Review

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Sotheby's Visit With Cals, Cardozo Fame Center, Cardozo Fashion Law Society

2024–2025 Flyers

No abstract provided.

Please Join Us At Cardozo School Of Law For A Weekend Of Kukin Program Events!, Lela Love, Kukin Program For Conflict Resolution

2024 Event Invitations

• A Peace Gala in Honor of Professor Lela P. Love
• The Cardozo Journal of Conflict Resolution Melnick Symposium
• The Cardozo Invitational Negotiation in Entertainment Arts and Media (CINEMA)

Join us for a dinner celebration in honor of Professor Love, Founding Director of the Kukin Program for Conflict Resolution. In 1985, she founded Cardozo's Mediation Clinic—one of the first clinical programs to train law students to serve as mediators. Love has served as mediator, arbitrator and dispute resolution consultant in community, employment, family, human rights, school-based and commercial cases. An active educator and participant in dispute resolution activities, she regularly conducts …

Sync Licenses, Soundtracking, And Infringement Claims: Oh My!, Women In Tech Law, Cardozo Entertainment Law Society, Intellectual Property Law Society, Cardozo Fame Center

2024–2025 Flyers

No abstract provided.

A Transformative Standard For Transformative Times: Protecting Student-Athlete Speech In The Era Of Name, Image, And Likeness, Kyle Saxon

William & Mary Law Review

As an entirely new and developing area of the law, NIL [name, image, and likeness] further complicates the existing struggles in determining how NCAA student-athletes should be viewed by the law in the employment context. Such a determination is crucial to understanding the extent of student-athletes’ First Amendment protections. Even as NIL drives the law further in the direction of student-athletes becoming employees of the university, student-athletes are still undeniably enrolled students of the university, and scholastic achievement is still a primary consideration for college athletics.

This unique relationship between student-athletes and their institutions necessitates an entirely new standard for …

Fear Of Motion, Cardozo Criminal Defense Clinic, Filmmakers Legal Clinic (Flc), Perlmutter Center For Legal Justice At Cardozo Law, Josh Dubin

2024 Event Invitations

“A young man on the grip of his probation, attending a therapy session to navigate his survivor guilt after getting his best friend incarcerated. The film explores familiar themes in black politics, regarding the struggles and circumstances of people under maximum sentences. It includes the stigmatization and ineffective rehabilitation that contributes to the corruption of the probation system.”

Streaming Service Arms Race: Protection And Distribution Of Live Sports Broadcasting In A Cord-Cutting Environment, Leo Bourgeois

Dalhousie Journal of Legal Studies

This paper highlights the disparity in meeting consumer expectations for broadcasting sports content. The current shift to online streaming services creates accessibility and affordability challenges, leading to an increase in illegal streaming. The existing copyright laws in Canada and the U.S. have some limitations in enforcing the rights of sports media rights holders against primary or secondary infringement, and intermediaries face difficulties in removing infringing content. While injunctions and site-blocking orders are potential solutions, they may not completely combat online piracy. A possible solution is a centralized streaming service to address piracy while improving customer satisfaction. However, concerns about feasibility, …

Black Excellence In The Spotlight: Legal Insights In The Entertainment Industry, Cardozo Entertainment Law Society, Black Law Students Association (Blsa)

2024–2025 Flyers

No abstract provided.

Nil Tampering, Josh Lens

BYU Law Review

The college athletics landscape has experienced several recent dramatic and monumental changes. In 2018, its governing body, the NCAA, implemented the transfer portal to help universities and athletes manage the process by which athletes transfer to another university. In 2021, the NCAA allowed every athlete the freedom to accept compensation in exchange for the use of their name, image, and likeness (“NIL”). Booster collectives quickly formed to facilitate NIL arrangements and now exert significant financial influence in the athlete recruiting and retention process. Tens of thousands of athletes have used the portal since its inception, with many seeking more NIL …

Understanding Golf’S Civil War: An Antitrust Analysis And Discussion, Emma Hackett

BYU Law Review

For years, professional golf has been ruled by the PGA Tour. But in 2022, the PGA Tour’s monarchy started to crack when LIV Golf, a new Saudi-backed golf league, entered the scene and sued the PGA Tour for antitrust violations. Players and fans had to take sides: the legacy of the PGA Tour or the deep pockets of LIV Golf? The lawsuit resulted in a settlement between the entities, but the complaints exposed dealings engaged in by the PGA Tour that this Note argues are violations of the Sherman Act. Beyond illegality of the Tour’s acts, the dispute between LIV …

Scotus At The Bat: Touching Base With Baseball’S Antitrust Exemption, Porter Y. Schenewark

BYU Law Review

In the longstanding debate surrounding Major League Baseball’s exemption from federal antitrust laws, recent legal developments and Supreme Court dynamics call for a reexamination of the Supreme Court’s 1922 Federal Baseball decision. Drawing parallels between the Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization and the potential reconsideration of Baseball’s exemption, this paper explores the factors at play and the implications for the future of the sport.

Through the Court’s framework of five factors as used in Dobbs, the paper evaluates the nature of the Court’s error, the quality of reasoning, workability, effect on other areas of law, …

A Conversation With Sam And Libby Edelman: Legends In The Footwear Industry, Fashion Law Society, Cardozo Fame Center

2024–2025 Flyers

No abstract provided.

A Conversation With Sam And Libby Edelman: Legends In The Footwear Industry, Cardozo Fame Center, Cardozo Fashion Law Society, Barbara Kolsun

2024 Event Invitations

Join Cardozo's FAME Center and the Fashion Law Society as they present fashion industry icons, Sam and Libby Edelman in conversation with FAME Director and Cardozo Professor, Barbara Kolsun. Reception to follow.

Vino & Vignettes, Cardozo Fame Center, Cardozo Art Law Society, Cardozo Wine Society

2024–2025 Flyers

No abstract provided.

Fake Drake? Ai Music Generation Implicates Copyright And The Right Of Publicity, Hope Juzon

Washington Law Review

Artificial intelligence has contributed to music composition since the 1950s. Its contributions evolved from machines that produced simple melodies to programs that generate accurate vocal imitations of singers. Modern artificial intelligence relies on pre-existing—and often copyrighted—songs to create new music, the most common of which include vocal imitations of popular singers. Copyright law in the United States has yet to address how copyright holders’ rights are implicated when artificial intelligence programs are trained on protected works. As a result, these rights holders across disciplines and sectors have filed complaints alleging infringement of their works. While copyright holders await their fate, …