Entertainment, Arts, and Sports Law Commons^™

The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube

Dickinson Law Review (2017-Present)

This Article uses LIV Golf Inc. v. PGA Tour, Inc., a sophisticated and headline-grabbing antitrust matter, as a means of instantiating federal civil procedure concepts. The first Part of this Article addresses the unsuccessful motion for a temporary restraining order that in many ways shaped how the litigation proceeded. The second Part examines the dance that is discovery through a focus on a drawn-out dispute regarding a single interrogatory. The final Part drills down on a more novel discovery dispute that began the path towards settlement, namely whether the Foreign Sovereign Immunities Act of 1976 and related common-law doctrine …

Taming The Wild West: Can Order Be Restored To The Collegiate Playing Fields?, Edward D. Cavanagh

Faculty Publications

On May 23, 2024, the NCAA and member conferences entered into a historic settlement to resolve the House case, a class action lawsuit brought on behalf of some 14,000 college athletes seeking damages for lost opportunities to gain financial benefits from their schools' use of their name, image, and likeness ("NIL") due to the NCAA's past denials of NIL compensation from media broadcasts, video games, and third parties. The trial court had certified damage classes consisting of (1) men's football and basketball players; (2) women's basketball players; and (3) other sports. As part of the settlement, defendants agreed to pay …

The Birth Of The Blogosphere, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Gender According To World Athletics: The Regulation Of Racialized Athletes From The Global South, Maria Dugas

Dalhousie Law Journal

In March 2023, World Athletics, the regulating body for the sport of Athletics introduced The Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development). These Regulations limit participation in female Athletics events at international competition and to set world records. They require certain athletes to maintain a testosterone threshold below 2.5nmol/L, despite their naturally occurring testosterone levels. On one level, this paper is about gender regulation in sport, particularly regulating testosterone in elite, female athletes. On another level it is about power and privilege at the intersection of race, nationality, and gender. It argues that through its …

What The Warhol Court Got Wrong: Use As An Artist Reference And The Derivative Work Doctrine, Jessica Silbey, Eva Subotnik

Faculty Scholarship

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court conflated “use as an artist reference” with preparing a “derivative work.” It did so on the erroneous assumption that permission to use a copyrighted work as an artist reference is a license to prepare a derivative work. But copyright law does not necessarily deem all uses of references for making new art to be the preparation of a derivative work. In other words, not all adaptations of an original work are infringing. Some may be neither derivative works nor substantially similar copies, and some may …

Transgender Boy Allowed To Try Out For Tennessee High School Boys' Golf Team, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

The plaintiff L.E. is a transgender boy who is suing Tennessee Governor Bill Lee along with the individuals employed within the Tennessee Board of Education, and Knox County Board of Education. The lawsuit attempts to challenge SB 228, Gender in Athletics Law which was passed in 2021 in the state of Tennessee and the subsequent revised I-171 policy (L.E. v. Lee, 2021). Under SB 228, students are only allowed to compete in middle school or high school athletics in Tennessee, based on gender assigned at birth or on their birth certificate. SB 228 also dictates that each “local governing body” …

A Contemporary Analysis Of The Competition Between Athlete-Agents In The Nil Era And A Proposed Amendment To The Sports Agent Responsibility And Trust Act (Sparta), Austin Montbriand

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Rethinking College Football Grant Of Rights Agreements, Drew Thornley, John T. Holden

Marquette Sports Law Review

No abstract provided.

Name, Image & Likeness: Three Words That Ended Amateurism Under The Ncaa -- And The Unforeseen Tax Consequences, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

No abstract provided.

The Image And Likeness Of Women: The Implications Of Title Ix In The Nil Era, Ana Apostoleris Rivera

Marquette Sports Law Review

No abstract provided.

On The Increased Prevalence Of Buyouts In College Athletics, Joshua S. Lacoste

Marquette Sports Law Review

No abstract provided.

Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky

Marquette Sports Law Review

No abstract provided.

Fairness Or Equality? Participation Of Esports Players With Disabilities In Esports Competition, Tsubasa Shinohara

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Where To Turn? The Lack Of Anti-Discriminatory Hiring Policies To Protect Minority Coaches In Collegiate Athletics, Madeline R. Farrell

Marquette Sports Law Review

No abstract provided.

What Are The Odds? A Comment On The Seminole Tribe Of Florida's Ability To Hold Exclusive Gaming Rights In Florida, Samantha Rice

Marquette Sports Law Review

No abstract provided.

2023 Annual Survey: Recent Developments In Sports Law, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Taylor Is First Indiana Law Student To Receive Sports Lawyers Association Student Writing Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A rising 3L at the Indiana University Maurer School of Law is one of 10 law students nationwide—and the first IU student ever— to receive the Sports Lawyers Association’s Student Writing Competition Award.

Amelia Taylor won the honors for her work “A Critical Analysis of Name, Image, and Likeness Policies and Their Implications for International Student-Athletes.”

While American student-athletes have been allowed to earn compensation through NIL deals since July 2021, international student-athletes have faced major hurdles due to immigration laws and policies.

“I chose to focus on international students’ NIL rights because this issue is often overlooked, with media …

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.

Antitrust Law—A New Era In College Athletics: Is Arkansas The Best State To Play In?, Ashtyn Pike

University of Arkansas at Little Rock Law Review

No abstract provided.

Nationality And Naturalizations In International Sports Law: Sports Federations As Gatekeepers, Ilias Bantekas

Cardozo International & Comparative Law Review

The institutional rules of International Sports Federations ("IFs") and the International Olympic Committee ("IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to …

Box Office Knockout: The Future Of Theaters In An Industry Racing To Outpace Them, Jakob Stokes

The Journal of Business, Entrepreneurship & the Law

This article examines the historical and contemporary impacts of antitrust measures in the film industry, focusing on the significant Paramount Decrees which initially aimed to dismantle the monopolistic practices of the "Big Five" and "Little Three" studios. It discusses the evolution of these decrees and their relevance in today's landscape dominated by a new set of major players. The article further explores the current debate surrounding the shortening of the cinematic window of exclusivity, delving into the implications of various premium video on demand services, such as Disney Premier Access, and the arguments both for and against shortened windows. It …

The Legal Liabilities Of Twitch, Amazon’S Livestreaming Subsidiary, Jean Fang

The Journal of Business, Entrepreneurship & the Law

Amazon’s Twitch is the leader of the video game streaming market, controlling 76% of this market in the Americas and Europe. The video gaming market is rapidly expanding, exceeding its entertainment counterparts, including music and film, by wide margins in profits; experts valued the global gaming market at $229.39 billion in 2022 and expect it to grow to $401.32 billion by 2027. Amazon paid $1 billion to acquire Twitch in 2014 in a business move to capture the views of the gaming audience; on Twitch, popular streamers broadcast themselves playing video games to thousands of devoted fans. Based on recent …

Catch Me If You Can Claim Copyright Infringement: How Copyright Law Unevenly Protects Novice Scriptwriters, Alexander Cole Dibucci

Global Business Law Review

In the realm of creative endeavors, novice scriptwriters often find themselves in a precarious position, highly susceptible to having their original work exploited for profit by formidable players in the industry, drawing a parallel to the timeless tale of David versus Goliath. In these all-too common scenarios, the multi-million-dollar film agencies that, reminiscent of Goliath, appropriate the creative fruits of amateurs striving to establish their names in the field. Regrettably, unlike the triumphant David from the biblical narrative, novice scriptwriters are frequently left without adequate protection within the legal landscape of the United States, where the scales tend to tip …

Baseball's Antitrust Exemption Still Looms Large For Minor Leaguers Despite Their Recent Unionization & Collective Bargaining Agreement, Rodney William Cannon

Brooklyn Journal of Corporate, Financial & Commercial Law

Over a hundred years ago, the Supreme Court of the United States granted Major League Baseball (MLB) an antitrust exemption, allowing the organization to engage in anticompetitive practices that antitrust laws are designed to prevent. Today, MLB remains the only sports league with an antitrust exemption, despite legal challenges and inquiries, especially regarding its impact on the recently unionized Minor League Baseball players in 2022. Issues related to the exemption arise from the history of poor conditions for Minor League Baseball players in relation to their wages, living conditions, and transportation, among others. Despite recent improvements resulting from unionization and …

Running From Blanket Licensing: How Fitness Platforms Do Not Sync With Current Music Licensing Procedure, Kathryn Defranco

Brooklyn Journal of Corporate, Financial & Commercial Law

Online Fitness Platforms, like Peloton, have become ubiquitous in a modern post-Covid world. Fitness classes are catered to the musical interests of their users, increasing user satisfaction. Although technology has advanced to accommodate the remote fitness industry, the legal structures in place for synchronization licenses have not. Such platforms have a unique need to clear music on a quick and consistent basis that does not break the bank. Downtown Music Publishing LLC v. Peloton Interactive, Inc., highlights the necessity for a federal statutory scheme similar to those used for other music licenses. A solution that protects competition but does not …

Protecting Unsanctioned Street Art Under The Visual Artists Rights Act Of 1990, Thomas Goddard

St. John's Law Review

(Excerpt)

Before 2013, artists and art enthusiasts would flock to a dilapidated building in Long Island City to view and engage with a vast collection of graffiti and street art murals. The site was filled with over two decades' worth of murals created by legendary street artists such as "Blade" and "Lady Pink." The building, with artists having free reign to paint on the walls of the 200,000 square foot space, became a mecca for graffiti and public art. The community would come in droves to experience the vibrant art and watch performances by rappers and dancers from around the …

The Need For An International Ai Research Initiative: How To Create And Sustain A Virtuous Research-Regulation Cycle To Govern Ai, Kevin Frazier

Washington Journal of Law, Technology & Arts

This paper explains the need for an international AI research initiative. The current focus of lawmakers at the subnational, national, and international level on regulation over research has created an imbalance, neglecting the critical role of continuous, informed research in developing laws that keep pace with rapid technological advancements in AI.

The proposed international AI research initiative would serve as a central hub for comprehensive AI risk analysis, modeled on successful precedents like CERN and the IPCC. CERN exemplifies a collaborative research environment with pooled resources from member states, leading to significant advancements in particle physics. Similarly, the IPCC has …