Entertainment, Arts, and Sports Law Commons^™

Google Searching For The Truth: Examining The Admissibility Of Internet Search History, Chisup Kim

Washington Journal of Law, Technology & Arts

The internet has become more ubiquitously available than ever before, with search engines serving as the portals to an unparalleled amount of information. As a byproduct of this phenomenon, a vast amount of internet search history has also begun to enter legal proceedings as evidence. The most intimate questions that defendants have asked their search engines have begun to be examined under the scope of the Federal Rules of Evidence or a state equivalent. This Comment examines the admissibility of internet search history and provides a general legal framework based on the Federal Rules of Evidence. Drawing upon six cases, …

Everybody Wants To Rule The World: Central Bank Digital Currencies In The Era Of Decoupling The World’S Two Largest Economies, James M. Cooper

Washington Journal of Law, Technology & Arts

Some 130 central banks around the world are experimenting with various levels of a central bank digital currency (“CBDC”), a digitized form of a sovereign-backed, national currency that is a liability of that country’s central bank. Unlike fiat currency, CBDCs are trackable and potentially subject to interference and even freezing by government authorities. CBDCs will affect citizens’ control over commerce, payments, and savings, and impact their privacy rights. The Chinese government has piloted, refined, and rolled out its own CBDC called the Digital Currency/Electronic Payment initiative (“DC/EP”), also known as the digital yuan or e-CNY. The Chinese government is far …

When Ai Remembers Too Much: Reinventing The Right To Be Forgotten For The Generative Age, Cheng-Chi Chang

Washington Journal of Law, Technology & Arts

The emergence of generative artificial intelligence (AI) systems poses novel challenges for the right to be forgotten. While this right gained prominence following the 2014 Google Spain v. Gonzalez case, generative AI’s limitless memory and ability to reproduce identifiable data from fragments threaten traditional conceptions of forgetting. This Article traces the evolution of the right to be forgotten from its privacy law origins towards an independent entitlement grounded in self-determination for personal information. However, it contends the inherent limitations of using current anonymization, deletion, and geographical blocking mechanisms to prevent AI models from retaining personal data render forgetting infeasible. Moreover, …

Ncaa Enactment Of A Disciplinary Policy: Uniformity To Regain Institutional Legitimacy, Matteson Landau

Loyola of Los Angeles Entertainment Law Review

This article examines issues surrounding decentralized disciplinary systems and inconsistent enforcement against student-athletes who engage in criminal misconduct across the National Collegiate Athletic Association (“NCAA”). The NCAA recognizes the inherent conflicts of interest that arise when institutions are left to regulate their own recruiting practices. To negate these conflicts, the NCAA has established a robust disciplinary system, the NCAA Committee on Infractions, which oversees investigations into violations of NCAA Bylaws, reviews materials provided by the athlete and/or institution, and issues binding rulings which may include suspensions and fines. Yet the NCAA fails to see how the same conflict issues arise …

Why The Protect Working Musicians Act's Proposed Antitrust Exemption Needs To Be Enacted, Olivia Finlayson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Domestic Violence & Men's Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen

Denver Sports & Entertainment Law Journal

This article examines how men's professional sports leagues treat domestic violence committed by players. Over the past twenty years, but particularly over the last five, the public has criticized, and the media has shone a spotlight on, the big leagues' ignoring of the issue. Many call for parity between how the criminal justice system treats the issue of domestic violence and how the leagues should treat it, arguing for a zero-tolerance approach. This article applies lessons learned by feminist law and policy makers and legal scholars in the development of the larger justice system response to domestic violence to the …

Vol. 20, No. 1: Editor's Note, John Gronka

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 20, No. 1: Table Of Contents, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 20, No. 1: Title Page, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

An Ethical Analysis Of Sports Specialization And The Harms It Poses To Youth Athletes, Caleb Bohannon

Honors Theses

Whereas youth sports in the United States were once commonly funded by local or state park and recreation commissions, current commercialization trends within the industry have caused youth sports to become increasingly commodified. Now, youth sports use private pay-to-play, or “competitive” sports models. Attempting to maintain a competitive advantage over their peers and further their athletic pursuits in this context, more youth now seek to specialize in their respective sports. When youth specialize, they focus their participation on a single sport for most of the year, which interferes with their participation in other sports and activities. This thesis explores neglected …

The Future Of Streaming Music: The Music Modernization Act And New Copyright Royalties Regulations, Callie P. Borgmann

Denver Sports & Entertainment Law Journal

This note details how the Copyright Royalty Board and Congress are seeking to change the music industry. In January of 2018, the Copyright Royalty Board introduced new regulations that outline new procedures for paying songwriters and record labels royalties that derive from streaming services. These regulations will increase royalties from streaming by nearly fifty percent over the next five years and will help to eliminate the disparity between streaming and terrestrial royalty compensation. Additionally, Congress has proposed the Music Modernization Act, which would ultimately create an administrative agency that would handle copyright within the music industry. In the end, these …

Ball V. City Of Lincoln, Nebraska, Sean Nm. Winebrenner, Leeann M. Lower

Denver Sports & Entertainment Law Journal

On March 7, 2015, Larry Ball was cited for trespassing by the Lincoln Police Department when passing out religious leaflets outside the Pinnacle Bank Arena. Ball brought action against the City of Lincoln, Nebraska along with Pinnacle Bank/Spectator Management Group ("SMG"), alleging a violation of his First Amendment rights. More specifically, he claimed SMG violated his constitutional rights by denying his exercise of free speech based upon the premise that public property is a nonpublic forum. The District Court was tasked with evaluating Pinnacle Bank Arena's Exterior Access and Use Policy to determine whether Ball's First Amendment rights were violated. …

Independent Sports & Entertainment, Llc V. Fegan, Nicholas R. Kehr

Denver Sports & Entertainment Law Journal

Independent Sports & Entertainment, LLC ("ISE") brought a claim against Daniel Fegan ("Fegan") for violating a non-compete clause in an asset purchase agreement in California state court. Fegan removed this action to federal court on the basis that the claim was completely preempted by the Labor Management Relations Act. The United States District Court for the Central District of California (the "Court") correctly concluded that the claim was not preempted by the Labor Management Relations Act, because the claim did not exist solely as a result of the National Basketball Association's ("NBA") Collective Bargaining Agreement ("CBA") nor was the claim …

Boogaard V. National Hockey League, Logan P. Desmond, Leeann M. Lower

Denver Sports & Entertainment Law Journal

Former National Hockey League ("NHL") player Derek Boogaard passed away on May 13, 2011 of a drug overdose. On Boogaard's behalf, his parents brought action against the NHL, its Board of Governors, and league Commissioner Gary Bettman, alleging the NHL acted negligently by allowing Boogaard to become addicted to pain killers, breached their voluntarily undertaken duty to monitor his addiction, negligently failed to protect him from brain trauma, and breached their voluntarily undertaken duty to protect his health. In response, the NHL moved to dismiss the case, which was later converted to a motion for summary judgment. Stating preemption by …

Vol. 21, No. 1: Table Of Contents, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 21, No. 1: Title Page, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …

Opportunity And Oversight: The Nil And College Football Through The Lens Of Ole Miss, Emma Harrington

Honors Theses

Since 2021, student-athletes have been reaping financial benefits of the commercialized use of their name, image, and likenesses (NIL). In addition to engaging in direct endorsement contracts with third party businesses, student-athletes are likewise working with NIL collectives to secure novel forms of funding opportunities. In this thesis, the current system of Name, Image, and Likeness (NIL) utilized in collegiate athletics will be examined. While NIL can be a beneficial source of income and exposure to student athletes across the country, the set of rules, or lack thereof, in effect is not substantial enough to maintain a safe and healthy …

Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo

Brooklyn Law Review

Collective bargaining is the mechanism by which major sports leagues and their players unions have negotiated the terms and conditions of employment for many decades. One standard provision of these collective bargaining agreements is a draft eligibility rule governing the conditions by which prospective athletes are eligible for the league’s entry draft. These collective bargaining agreements exists at the intersection of two somewhat discordant areas of law: antitrust and labor law. Under antitrust law, Congress enacted a policy favoring competition and prohibiting unreasonable restraints on trade. On the other hand, under labor law, Congress enacted a policy favoring collective bargaining. …

Train Or Restrain? Using International Perspectives To Inform The American Fair Use Analysis Of Copyright In Generative Artificial Intelligence Training, Serena Lightstone

Northwestern Journal of International Law & Business

The rise of generative artificial intelligence (“AI”) has brought questions regarding the permissibility of using copyrighted materials in training generative AI systems around the globe. This article examines whether such use constitutes infringement under the American fair use doctrine, drawing insights from the regulatory approaches of the European Union (EU) and Japan.

Ultimately, this article advocates for United States courts to recognize the permissibility of using copyrighted materials in training generative AI models, rejecting the EU’s rights-holder-centric approach, and going beyond Japan’s limited-permissibility solution. Through a detailed four-factor fair use analysis, this article demonstrates that training generative AI on copyrighted …

Copyright & Modding In The Modern Gamespace, Josephine Railston

Student Scholar Symposium Abstracts and Posters

In the modern gamespace, modding has become an excellent opportunity for video game enthusiasts to express their creativity and love for a game; but what happens when that passion is stifled by a major company? My poster presentation will examine the ethics behind modding and ROM hacking, from both the perspectives of major video game corporations as well as their fanbase at large. We will analyze this issue using the case study of Pokémon Prism, a Pokémon Crystal ROM hack, which was canceled days prior to its release following a cease and desist by Nintendo. More specifically, we will investigate …

The Rise And Fall Of A Video Game Dynasty And Its Road Back To Glory, Kade Rogerson

Marketing Undergraduate Honors Theses

For years the EA Sports NCAA Football series had been a long-standing success story in the world of sports video games. Combining the unique feel of collegiate athletics with the realistic nature of the game that its technology provides led the series to be a major source of revenue for Electronic Arts, Inc. in the extremely competitive and profitable industries of video games and sports merchandising.

However, the series came to an abrupt halt in 2013. Spearheaded by the O’Bannon v. NCAA lawsuit, EA was forced to discontinue the series after legal action was taken regarding the game’s unauthorized use …

Cerveza Cristal: A Copyright Loophole In A Beer Ad From 2003?, Sebastian Saavedra Irarrazaball

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The internet stumbled onto a ready-made meme last month in the form of 20-year-old beer commercials from South America1. Back in 2003, a Chilean advertising agency decided to elevate the art of product placement. Their canvas: a planned broadcast of the original trilogy of Star Wars during a primetime slot on the second most popular national channel. DVDs were in their commercial infancy in the country, VHS tapes were available, but not everywhere. There was a guaranteed, captive audience.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 30, 2024. The original post …

Fanfiction Flicks: Dissecting The Expected Legal Ramifications Of Harry Styles Homages On The Big Screen, Aydan Urias

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

When the trailer for the highly anticipated Amazon Prime film The Idea of You debuted on YouTube in March 2024, viewers were captivated by the striking resemblance between the main character, Hayes Campbell, portrayed by Nicholas Galitzine, and the renowned former British One Direction member, Harry Styles. The film is based on the novel The Idea of You by author Robinne Lee. In a 2017 interview, Lee admitted to beginning the novel after seeing a YouTube video of the boy band One Direction and stated that she was specifically inspired by the personal life of Harry Styles.

This post was …

The Impact Of The “Misclassification” Of Employees As Independent Contractors On New York City’S Performing Arts Institutions And Gig-Based Performers, Katie Sigety

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) made it possible for independent contractors to access unemployment benefits, or “Pandemic Unemployment Assistance” (“PUA”), for the first time. This created a new awareness for how many gig-based performing artists were considered independent contractors. In the wake of the PUA program expiration in 2021, the DOL identified 425,000 fraudulent unemployment benefit claims filed, totaling $5.5 billion, during the COVID-19 pandemic. The fraudulent claims were filed using the real identities of individuals who were not employed, which were likely stolen during previous data breaches …

Tennessee Legislature Declares That The Human Voice Will Remain ‘The King’ In Nashville, Ryan Bickett

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Last month, Tennessee broke legal ground by passing the Ensuring Likeness Voice and Image Security, or “ELVIS,” Act. This law amends the state’s existing publicity laws to include protections for an individual’s voice in general as well as specifically against artificial intelligence (AI) impersonation. The statute defines a voice as “a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.” This standard shows a statutory expansion of legal protections for voices that blossomed with major cases in …

Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen

BYU Law Review

In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.

The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …

The Triumph Of Three Big Ideas In Fair Use Jurisprudence, Michael W. Carroll, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

In two recent cases, Google LLC v. Oracle America, Inc. (“Google v. Oracle”), and Andy Warhol Foundation for the Visual Arts v. Goldsmith (“Warhol”), the Supreme Court ratified its 1994 holding that transformative use is the appropriate analytical framework for applying copyright law’s fair use provision. In doing so, the Court withstood significant pressure from industry participants in these cases to change course. This Article argues that the Court’s decisions, which represent one third of the Court’s total merits decisions on fair use, are historic. The principal contribution this Article makes is to demonstrate to courts and parties in future …

The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Kids Are Not Alright: A Look Into The Absence Of Laws Protecting Children In Social Media, Libby Morehouse

Loyola of Los Angeles Entertainment Law Review

No abstract provided.