Entertainment, Arts, and Sports Law Commons^™

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Restitution Of Nazi Looted Art, Jewish Law Student Association (Jlsa), Art Law Society

2023–2024 Flyers

No abstract provided.

Can You Smell A Lawsuit Cooking? Possible Risks With The Rock’S Trademarks, Cameron Brody

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Dwayne Johnson is one of the most recognizable and successful working actors on the planet. For an entire generation, he is synonymous with smash-hit franchises such as Baywatch, Tooth Fairy, and Jungle Cruise. In fact, between 2019 and 2021, he was the highest-paid actor in Hollywood and raked in $270,000,000 in 2022 alone. Further, he is a co-founder of Teremana Tequila, which holds an estimated value of $3.5 billion, putting him on track alongside George Clooney and Ryan Reynolds as success stories in the celebrity alcohol market. His most recent endeavor, however, may put him on track towards a series …

Shades Of Green: Navigating The Legality Of Environmental Marketing, David Zack

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A majority of Americans are concerned about climate change.1 This fear seems to be a driver of consumer spending decisions. According to a study by PDI Technologies, 68% of Americans are willing to spend more on environmentally sustainable products than their competitors that are not sustainable.2 This number has steadily grown over the past two years.3 This figure is even greater for key marketing demographics. 77% of Gen Z, 72% of millennials, and 76% of parents would be willing to do so. Because of this, companies have increasingly sought to position and market themselves as green companies.

This post was …

Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone

Duke Law & Technology Review

In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …

Constitutional Rights Of Artificial Intelligence, Mizuki Hashiguchi

Washington Journal of Law, Technology & Arts

On February 8, 2022, the Italian Parliament approved constitutional amendments to protect the environment. A member of Parliament stated that the environment is an element of Italy, and that safeguarding the environment means safeguarding humans. The need to protect the environment seems to have become a critical component of public conscience. Likewise, if society perceives that artificial intelligence is vitally important for humanity, does constitutional law allow constitutional rights for artificial intelligence to be created?

Extending constitutional rights to artificial intelligence may be consistent with the jurisprudential history of rights. Constitutional rights have undergone metamorphosis over time to protect new …

Rembrandt’S Missing Piece: Ai Art And The Fallacies Of Copyright Law, Eleni Polymenopoulou

Washington Journal of Law, Technology & Arts

This article discusses contemporary problems related to Artificial Intelligence (AI), law and the visual arts. It suggests that the fallacies of copyright law are already visible in legal conundrums raised by AI in the creative sector. These include, for instance, the lack of uniformity in relation to creations’ copyrightability, the massive scale of copyright infringement affecting visual artists and the creative industry, and the difficulties in implementing media regulation and cyber-regulation. The deeply cherished ‘human authorship’ criterion that was sustained recently by a US Federal Appeals Court in Thaler, in particular, is a short-term solution to the legal challenges …

All Eyez On Rap & Hip-Hop: Analyzing How Black Expression Is Criminalized And The Language Of The Rap Act Of 2022, Maia Young

Washington Journal of Law, Technology & Arts

The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred. Black creative expression documents, preserves, and unifies cultural lived experiences, from a first-hand lens of those oppressed. Creative and artistic expression celebrates the myriad of stories that are a part of the collective Black experience. Yet, Black creative expression is now being weaponized by prosecutors …

Brooklyn Museum Gallery Tour, Art Law Society

2023–2024 Flyers

No abstract provided.

Unmasking Deepfakes: Navigating The Copyright Quagmire, Ben Gross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the ever-evolving landscape of digital technology, the emergence of deepfake technology has raised profound concerns, especially in the realm of copyright law. Deepfakes, sophisticated synthetic media created using artificial intelligence, can manipulate or replace existing content, often blurring the lines between reality and fiction.1 As these digital creations become more prevalent, questions surrounding their implications under copyright law have taken center stage.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 5, 2024. The original post can be accessed via the Archived Link button above.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Emojis: An Approach To Interpretation, Patricia Vilma Graham

UC Law SF Communications and Entertainment Journal

No abstract provided.

Has Ai Art Generated The Next Napster? Analyzing Civil And Criminal Liability For Prompt Marketplace Participants, Tyler Larson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Reinventing The Silver Screen… Again: The Copyright Licensing Implications Of Using Video Game Technology For Virtual Production On Film And Tv Sets, Nicholas M. Medellin

UC Law SF Communications and Entertainment Journal

No abstract provided.

Mississippi's Contribution To Informing The Push For Federal Legislation, Nolan G. Forthaus

SLU Law Journal Online

The NIL (Name, Image, and Likeness) legislation landscape is rapidly evolving, affecting how college athletes can profit from their NIL. While college athletes nationwide can now benefit from their NIL, state laws play a crucial role. Under the interim policy, college athletes attending schools in states with active NIL laws must comply with those state laws and any institutional and conference policies. The interim policy remains in effect until federal legislation or new NCAA rules are adopted. The state laws of Mississippi can help inform the federal push for a NIL bill.

An Evolving Landscape: Name, Image, And Likeness Rights In High School Athletics, Adam Epstein --, Nathaniel Grow -- Associate Professor Of Business Law & Ethics, Kathryn Kisska-Schulze -- Assoc. Professor Of Business Law

Vanderbilt Law Review

Amateur sports have entered a changing landscape. The onset of Name, Image, and Likeness (“NIL”) opportunities at the college level has prompted over half of state high school athletic associations to likewise permit high school student-athletes to pursue similar financial opportunities. The purpose of this Essay is not to argue for or against the emergence of NIL opportunities at the high school level but instead to explore this newly evolving landscape, identify accompanying financial dangers, and propose a statutory framework that builds upon California’s Coogan’s Law—a measure providing financial safeguards to children working in the entertainment industry—to better protect minor …

Art ©Aches, Richard H. Chused

Articles & Chapters

No abstract provided.

Downstreaming, Rachel Landy

Articles

Spotify and its competitors all offer the same product at the same price. Why? Scholars have argued that relationships can be designed in a way that naturally promotes innovation. By “braiding” certain formal contracting practices with informal enforcement norms, parties develop a frame-work that supports trust and positive, long-term collaboration. This Article takes on this consensus and shows that not all braiding is good. Using the multibillion-dollar subscription music streaming business as an illustration, it demonstrates just how industry forces can, and do, overcome braiding’s positive slant. In that industry, the major record labels (Universal, Warner, and Sony) weaponize braiding …

From Punchlines To Pesto To Prada: Exploring Intellectual Property’S Negative Space, Michael Ecker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Intellectual property (“IP”) law serves as the protective cornerstone for the creative industries—an especially important one at a time when unprecedented global connectivity links so many and in the process, so greatly heightens the potential for improper takings. Yet, a growing body of legal scholarship delves into a fascinating counterpoint: the “negative space” of IP. As Kal Raustiala and Christopher Sprigman posit in their Article, The Piracy Paradox, these creative endeavors “remain creative (and consequently do not require protection) precisely because they exhibit positionality sufficiently strong that it provokes a constant stream of new innovation.” This space encompasses creative fields …

Key Players: How Ip Lawyers Drive Successful M&A Integration, Eddie Halwani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the dynamic world of mergers and acquisitions (“M&A”), intellectual property (“IP”) lawyers have proven essential in navigating the web of IP rights and obligations throughout the transaction process. As companies increasingly look to acquire new strategic levers, the expertise of these specialized lawyers has become invaluable, helping to ensure the validity of intangible assets and mitigating potential risks involved.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 28, 2024. The original post can be accessed via the Archived Link button above.

Copyright Law And Ai, Cardozo Intellectual Property Law Society (Ipls), Cardozo Art Law Society

2023–2024 Flyers

No abstract provided.

Bad Blood? Why Labels Are Rethinking Re-Recording Clauses In The Wake Of The "Taylor's Version" Era, Cardozo Entertainment Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

Study, Chill, Stream Lofi, And Repeat: From A Passion Project To A Recent Target Of Large Corporate Music Publishers, Lauren Woods

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ask yourself: what does the perfect workspace look and feel like? The answer varies from person to person. Some people prefer to work in crowded cafes, while others need complete silence. The concern became even more relevant during the height of the coronavirus pandemic, when many individuals were working remotely. As it does with many things, the internet came to our rescue and provided us with creative ways to yield efficiency. To spice up your WFH office arrangement, it provides different sources of background music that can help tune out distractions, regulate stress, increase productivity, and even improve sleep. YouTube, …

Is The Future Private? A Look Into Litigation Under Illinois’S “Bipa” Law, Paige Green

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At Meta’s 2019 “F8” virtual development conference, Mark Zuckerberg stood in front of a presentation screen displaying the words, “the future is private.” Zuckerberg’s talking points centered on “build[ing] a more privacy-focused social media platform.” Increasing Meta’s focus on privacy, apparently, does not include ensuring compliance with Illinois’s Biometric Information Privacy Act (“BIPA”). While not exactly the first of its kind, a recent class action lawsuit against Meta alleges the company violated Illinois’s BIPA law by capturing, retaining, and profiting from the use of plaintiff’s “voiceprint” without disclosing or creating a meaningful retention policy for doing so.

This post was …

Cardozo’S Entertainment Law Week Showcases Alumni Who Have Made It In The Industry, Cardozo Fame Center

Cardozo News 2024

The FAME Center hosted a series of panels and information sessions throughout the week of March 4 for students interested in pursuing careers in entertainment law. FAME alumni spoke about their experiences and how they got where they are now, while current students were able to ask questions, engage and network with them. The panels touched on a variety of topics, including art, theatre and breaking into entertainment law.

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

International Fans Crafting Fan Merchandise For U.S. Musicians: A Trademark Infringement Danger Zone, Gabriella Fernandez

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the early 2010s, the term “fandom” gained popularity among teenagers who were deeply devoted to their favorite musicians. The term “fandom” refers to communities of fans who come together through social media to express their shared admiration for a particular artist. When individuals unite to celebrate their mutual love for a musician, a genuine sense of connection and community is established. Through discussions about their shared passion for the artist, they often discover common interests and experiences that go beyond the music, fostering authentic friendships.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website …