Entertainment, Arts, and Sports Law Commons^™

Copyrighting Compositions: How Inconsistencies Within The Circumstancial Evidence Analysis Affects Musical Composition Copyright Infringement Plaintiffs, Stephanie Stern

Brooklyn Journal of Corporate, Financial & Commercial Law

To resolve a musical composition copyright infringement case, courts employ the circumstantial evidence analysis. This analysis involves assessing whether the two works are substantially similar and whether the defendant had access to the plaintiff’s copyright-protected work. Despite efforts to keep pace with the rapidly changing world of music creation, these tests have fallen behind: circuits are split with respect to the way they determine substantial similarity, and courts have failed to update the access requirement in the age of the internet. Additionally, courts must adhere to the rules of either the 1909 Copyright Act or the 1976 Copyright Act, depending …

Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs

Brooklyn Journal of International Law

The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.

The Proof Is In The Data: How Ethereum And Efficient Audits Can Reduce Litigation In The Streaming Era, Keri Ogden

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Getting A Handle On The Taxation Of Sports Betting, Samuel Craig

Loyola of Los Angeles Entertainment Law Review

Sports betting is not merely a 21st century novelty; however, recent legislative and societal changes have allowed sports betting to bloom into a widespread phenomenon in America. The rapid emergence of sports betting in American life has caused states to react with legislation ranging from full-stop bans to partnerships with sportsbooks to capitalize on this lucrative and newly legal activity. While plenty of discussion can be found regarding the social and political considerations of legalizing gambling and related activities, no comprehensive legal scholarship has focused specifically on the taxation of sports betting. Sports betting exists in a relatively unique position …

Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir

Journal of the National Association of Administrative Law Judiciary

This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

New Problem, Same Old Ecpa: Facebook, Inc. V. State Of New Jersey And The Electronic Communications Privacy Act’S Growing Inadequacy, Austin Fauni

UC Law SF Communications and Entertainment Journal

No abstract provided.

One Step Forward Or Two Steps Back For The Music Industry: Analyzing The Statutory And Practical Issues In Title I Of The Music Modernization Act, Gabriel Ross

UC Law SF Communications and Entertainment Journal

No abstract provided.

Adopting A Solution To Copyright’S Orphan Works Problem, Kylie Arman

UC Law SF Communications and Entertainment Journal

No abstract provided.

In Satan We Trust: The Satanic Temple’S Ongoing Crusade To Protect Abortion Rights, Bradley Koberg

Cardozo Law Review

In the summer of 2022, the Supreme Court overruled the nearly fifty-year-old precedent of Roe v. Wade, eliminating the constitutional right to an abortion. This was one of several decisions in which the newly minted conservative supermajority undermined what could be seen as progressive precedents. At the same time, the Court has been elevating religious liberty claims and strengthening legal protections for religious individuals and organizations (predominantly Christian). For anybody who cares about the “so-called separation of . . . church and state,” this conservative Christian reformation taking place in the nation’s highest court is a cause for concern.

However, …

The Gptjudge: Justice In A Generative Ai World, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, Molly (Yiming) Xu

Duke Law & Technology Review

Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to …

Esports & Title Ix: Ncaa Program Growth Leads To Title Ix Implications, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

According to the National Association of Collegiate Esports, in 2016 seven colleges and universities had varsity esports teams, as of 2021 there are over 170 varsity programs that belong to the organization (NACE). Many colleges and universities have added esports clubs and varsity programs as a means to attract and recruit students to their campuses (Lyman, 2022). 40% of esports teams are housed in athletic departments and 90% of esports athletes are male despite the teams being labeled coed (Baurer-Wolf, 2019). Given those numbers, several Title IX issues have emerged including the potential for the proportionality to be shifted so …

Russia, Ukraine, Anti-Money Laundering And Know Your Customer: Due Diligence Concerns For The Art Market, Cardozo Fame Center, Cardozo Art Law Society

2023 Event Invitations

This panel is jointly sponsored by Cardozo School of Law's Art Law Society and its FAME Advisory Board. Speakers from Ukraine will address the nature and extent of the destruction to and looting of Ukraine’s cultural heritage. A representative of U.S./international law enforcement will address the leakage of looted material to the U.S. and international art markets and government efforts to interdict hot material. Representatives of U.S. auction houses and private galleries will address the KYC and AML procedures used by the private sector to avoid handling looted material.

Russia, Ukraine, Anti Money Laundering, And Know Your Client: Due Diligence Concerns For The Art Market, Cardozo Art Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

Breaking Into The Entertainment Industry, Cardozo Entertainment Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

Cardozo Aelj Author Interview Series: Matthew Goldman, Class Of 2022, Matthew Goldman

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Matthew Goldman discusses his Note, Fragmented Music Copyright Protection: A Better Arrangement, which was published in Volume 40, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 7, 2023. The original post can be accessed via the Archived Link button above.

To Mint Or Not To Mint: Non-Fungible Tokens And The Right Of Publicity, Hannah Bobek

Fordham Law Review

Non-fungible tokens (NFTs) allow for authentication and ownership of digital assets, which are notable features in the virtual world given the infiniteness of internet content. The emergence of this novel technology, however, has raised challenges, especially regarding enforcement of the right of publicity. This Note addresses how litigators have approached right of publicity violations arising from NFTs and how courts might respond to future violations that this technology is capable of facilitating. Legal scholars and commentators argue that certain features of NFTs pose pronounced threats to the right of publicity, namely the technology’s novelty, democratized nature, anonymization of creators, transferability …

The Economics Of Medical Patents And The U.S. Government’S Role In Drug Price Negotiations, Eddie Halwani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The U.S. government’s recent but unusual push to negotiate drug prices has struck a chord with many Americans, with polls showing a significant, bipartisan majority favoring the action.This action presents an opportunity to appreciate medical patents’ role in spurring innovation forward. Amid changing policies, medical patents shape the accessibility and affordability of care through their impact on drug pricing. Drug prices in the United States are notably high—about 2.4 times those in other developed countries.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via …

Signs Of Life: The Current State Of Generative Content And Copyright Protection, Ryan Bickett

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

With the recent rise in Artificial Intelligence (“AI”) and its broadening use by the public, questions have arisen regarding the applicability of copyright law over both the content it sources and creates. While the answers remain unclear as this technology rapidly updates, there have been recent legal developments which will shape how we deal with this content.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via the Archived Link button above.

Economics Of Technology Change: Wga, Sag-Aftra, & Uaw Strikes, Cardozo Labor And Employment Law Society, Cardozo Entertainment Law Society

2023–2024 Flyers

No abstract provided.

The Aftermath Of Murphy V. Ncaa: State And Congressional Reactions To Leaving Sports Gambling Regulation To The States, Ethan Mordekhai

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In 2018, the Supreme Court ruled in Murphy v. NCAA that the Professional and Amateur Sports Protection Act of 1992 (“PAPSA”) violated the anti-commandeering rule and was therefore unconstitutional. PAPSA had effectively barred states from authorizing sports gambling. The act did not make sports gambling a federal crime, however it did allow professional sports organizations to bring civil actions to enjoin violations. Thus, after the New Jersey legislature authorized sports gambling in 2012, the NCAA brought a federal action to enjoin the law on the ground that it violated PAPSA. The case made its way to the Supreme Court, and …

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023 Event Invitations

Join the Black Law Students Association, Dispute Resolution Society, Entertainment Law Society, Sports Law Society and The FAME Center for a discussion from agents and attorneys on strategies for negotiating fair deals on behalf of Black athletes and entertainers. The discussion will cover talent representation and alternative dispute resolution.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

I Can’T Believe It’S Not Skittles! Broad Summary Of Advertising And Packaging Regulations For Cannabis Dispensaries In New York State, Lauren Woods

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Newly passed legislation often represents the changing nature of public opinion and societal attitudes. In New York State, for example, the general public’s softening and more accepting view of marijuana consumption was highlighted when the state approved legal marijuana use in a medical setting in 2014. Seven years later, New York State passed the Marihuana Regulation & Taxation Act (“MTRA”) and officially legalized “the possession of adult-use recreational cannabis for all adults over the age twenty-one.” A highlight of the act is how it addresses how the current state of cannabis regulation in the state is suboptimal, and how its …

The Future Of Entertainment: Ai Takes The Stage, Cardozo Fame Center, Cardozo Entertainment Law Society

2023 Event Invitations

The Cardozo FAME Center and Entertainment Law Society will convene a panel of entertainment lawyers to explore how artificial intelligence is revolutionizing the entertainment industry. The discussion will include an overview of generative AI technology. Panelists will discuss trademark and copyright infringement issues arising for artists and entertainment companies.

Cardozo Aelj Author Interview Series: Seth Warshaw, Class Of 2023, Seth Warshaw

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Seth Warshaw discusses his Note, And a Second Opinion for All… And Anything Else? The Jack Eichel Saga and Issues of Medical Autonomy, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 10, 2023. The original post can be accessed via the Archived Link button above.

What Happens When The Public Wants To Remove Public Art? The Second Circuit Weighs In On One Recent Vara Case, Paige Green

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

n 1990, the Visual Artists’ Rights Act (VARA) became a welcome addition to the federal Copyright Act of 1976. VARA was the first time the “moral rights” of an artist were federally protected in the United States. Moral rights are commonly understood to provide attribution to artists and protect the integrity of visual art pieces. Under VARA, this means authors have a right to claim authorship on pieces they create, prevent the use of their name on a work they did not create, and prohibit the destruction of works of “recognized statute” (both intentional and through gross negligence). The law …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Cash Kid: The Need For Increased Financial Protections Of Internet Child Stars On Youtube, Kylie Clouse

William & Mary Law Review

This Note explores the gaps in California’s child entertainment law and the dangers of leaving child internet stars unprotected. This Note argues that while California could update their “Coogan Law” to include young internet stars, a previous attempt (and failure) to do so suggests that this may not be the best way to address the issue. In the alternative, YouTube itself has the framework to address this problem through its Partner Program. If YouTube were to fix the problem directly, it would leave child stars on other online platforms unprotected; but it could set a precedent among other platforms that …

Cardozo Aelj Interview Series: Professor Saurabh Vishnubhakat, Saurabh Vishnubhakat

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In this interview, Cardozo Professor Saurabh Vishnubhakat discusses what he hopes to bring to Cardozo as the new Director of Intellectual Property and Information Law Program, his professional background, and what drew him to the field of intellectual property.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 22, 2023. The original post can be accessed via the Archived Link button above.