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Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden 2022 Brigham Young University Law School

Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden

BYU Law Review

Legal sports wagering has been rapidly expanding across the United States since 2018. In the wake of the Supreme Court's Murphy decision, more than twenty five states have legalized sports betting and billions of dollars have followed the cascades of legalization. As the legal market continues to grow, professional sports leagues have been quick to embrace the regulated expansion, but the National Collegiate Athletic Association (NCAA) has not changed their steadfast opposition. Despite the NCAA's vehement opposition, the organization has seemed to gain little traction in getting states to either wholly exclude wagering on collegiate sports or getting ...


The Future Of Name, Image, And Likeness In Advertising, Olivia E. Nuss 2022 Louisiana State University

The Future Of Name, Image, And Likeness In Advertising, Olivia E. Nuss

LSU Master's Theses

This study explores the unique intersection of the law and the theories of communication related to a student athlete’s ability to receive compensation based off their name, image, and likeness (NIL). The purpose of this study is to understand the future of NIL legislation application as it relates to emerging media and student-athletes’ privacy interests in order to better understand influencer marketing and the impact new legislation will have on student-athlete brand deals. Through a series of semi-structured, in-depth interviews, I explored industry trends in NIL as it relates to brand partnerships and advertising, focusing on key players, methods ...


Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino 2022 University of Miami Law School

Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino

University of Miami Business Law Review

In 2018, Kendrick Duckworth, better known by his stage-name Kendrick Lamar, became the first non-classical or jazz musician to win the Pulitzer Prize in Music. Equally as surprising, the album contained a magnitude of digital sampling. As digital sampling has become more prevalent since the 1980’s, courts have differed on how to handle the issue. By 2016, the Sixth and Ninth Circuit Courts of Appeals established a circuit split on the issue, with one holding that unlicensed digital sampling is per se unlawful, and the other holding that a more lenient test is needed. Courts have continued to struggle ...


“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross 2022 University of Miami School of Law

“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross

University of Miami Business Law Review

The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with ...


Conor Delehanty Is A Standup Guy, James Owsley Boyd 2022 Maurer School of Law - Indiana University

Conor Delehanty Is A Standup Guy, James Owsley Boyd

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

No abstract provided.


The Right Of Access To Sport And Recreation For Disabled Persons Under International Law: What Does It Really Entail?, Illias Bantekas 2022 Hamad bin Khalifa University (Qatar Foundation),

The Right Of Access To Sport And Recreation For Disabled Persons Under International Law: What Does It Really Entail?, Illias Bantekas

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens 2022 Villanova University Charles Widger School of Law

Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens

Villanova Law Review

No abstract provided.


Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes, Jesse Addo 2022 University of St. Thomas, Minnesota

Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes, Jesse Addo

University of St. Thomas Law Journal

No abstract provided.


Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley 2022 Villanova University Charles Widger School of Law

Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated, David Caudill 2022 Villanova University Charles Widger School of Law

Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated, David Caudill

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Life Lesson: If You Place A Wager On April Fool's Day, You Cannot Be Surprised When The Final Outcome Is A Joke, Katherine Smith 2022 Villanova University Charles Widger School of Law

Life Lesson: If You Place A Wager On April Fool's Day, You Cannot Be Surprised When The Final Outcome Is A Joke, Katherine Smith

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Joyriding With Peloton: How Virtual Fitness Classes Can Violate Federal Copyright Law, Mary Katherine Raczka 2022 Villanova University Charles Widger School of Law

Joyriding With Peloton: How Virtual Fitness Classes Can Violate Federal Copyright Law, Mary Katherine Raczka

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin 2022 DePaul University College of Law

Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp 2022 DePaul University College of Law

Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price 2022 DePaul University College of Law

Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu 2022 DePaul University College of Law

Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade, Tamás Szabados 2022 ELTE Eötvös Loránd University, Budapest

The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade, Tamás Szabados

DePaul Journal of Art, Technology & Intellectual Property Law

The COVID-19 pandemic gave a boost to illegal excavations, thefts and illicit trafficking of cultural objects. The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects answers this problem by providing for the return of stolen and illegally exported cultural objects. The COVID-19 pandemic has created a new era of art trade. Due to the lockdown measures, art trade has been compelled to move to online platforms and this seems to be an irreversible change. UNIDROIT and its partner organisations have to consider the global health crisis as an opportunity to find adequate legal answers to the challenges of the ...


De-Gentrified Black Genius: Blockchain, Copyright, And The Disintermediation Of Creativity, Tonya M. Evans 2022 Pepperdine University

De-Gentrified Black Genius: Blockchain, Copyright, And The Disintermediation Of Creativity, Tonya M. Evans

Pepperdine Law Review

In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase “gentrifying our genius” to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically condemned racial discrimination and cultural misappropriation. This Article chronicles the nefarious history of the creative disempowerment of creators of color and then imagines an empowering future for those who successfully exploit their creations by fully leveraging copyright ownership and transfer termination. To that end, I reference the considerable scholarship of Professor ...


Thieves In The Temple: The Scandal Of Copyright Registration And African- American Artists, Kevin J. Greene 2022 Pepperdine University

Thieves In The Temple: The Scandal Of Copyright Registration And African- American Artists, Kevin J. Greene

Pepperdine Law Review

Copyright registration is the currency of copyright transactions in music, film, and television and is essential for pursuing infringement claims and ownership disputes. Despite copyright registration’s outsized reach across the copyright spectrum and importance to the copyright industries, the U.S. Copyright Office does not verify claims of copyright authorship or ownership. No express mechanism exists to challenge false copyright registrations in the Copyright Office, and the penalties for falsely claiming copyright authorship are paltry in comparison to the potential gains. This Article contends that lax copyright registration standards call into question the legitimacy of the registration system and ...


Reflections On Music Copyright Justice, Peter S. Menell 2022 Pepperdine University

Reflections On Music Copyright Justice, Peter S. Menell

Pepperdine Law Review

The digital revolution has upended many aspects of the copyright system, particularly as it relates to music. Drawing on creative, jurisprudential, technological, and social science insights, this article explores the broad range of music copyright justice concerns, ranging from file sharing to royalty distribution, copyright infringement standards, and the creation of music mashups.


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