Entertainment, Arts, and Sports Law Commons^™

Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart

Catholic University Law Review

The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …

Usespa? Exploring The Idea Of A U.S. Esports Regulatory Authority, Justin Hung

The Journal of Business, Entrepreneurship & the Law

This article will conclude, ultimately, it is a matter of policy with two convincing sides best left for the public to decide. First, having a monolithic regulator for all esports in the United States is unnecessary to address many of the legal issues esports faces and may actually cause more legal issues. Second, some centralized effort or a centralized association to heighten and universalize standards would be beneficial because it would allow market participants to address the systemic threats to the esports market. As to a centralization, this article will argue the most effective means to accomplish such a task …

How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona

Pepperdine Law Review

TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …

Cardozo Aelj Author Interview Series: Caitlin Muraca, Online Editor

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, Caitlin Muraca discusses her Note, Combating False Election Information in a Section 230 Protected World: to Moderate or Not to Moderate, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 27, 2023. The original post can be accessed via the Archived Link button above.

Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, Zhining Zhang

Washington Journal of Law, Technology & Arts

The heated discussion stirred up by the U.S. regulatory actions against TikTok continues to this day. The nearly predatory popularity of this Chinese application has raised people’s awareness that the country is in urgent need of a fully developed policy in order to deal with the surge of robust foreign digital platforms.

This article gives the contour of the latest development of theories regarding the foreign tech-platforms regulation. Three contemporary frameworks are reviewed. The first laissez faire paradigm inherits the values of early neoliberalism to prevent a “Splinternet,” but its inaction fails to deal with novel security threats ranging from …

The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, Xiang Li

Washington Journal of Law, Technology & Arts

The Biden Administration announced its support for the initiative at the World Trade Organization (WTO) to suspend patent rights protections for COVID-19 vaccines, in the hope of providing equitable and affordable access to the vaccines to low-income countries. Since then, domestic pharmaceutical companies have been voicing vociferous opposition, claiming that “[e]liminating IP protections undermines our global response to the pandemic and compromises safety.”2 Passing a patent waiver at the WTO means eligible member countries can opt to free themselves from the obligations to enforce qualifying patents, and anyone within those countries can accordingly practice the patents without infringement liability. It …

Behind The Scenes Of The 2021 Hollywood Labor Unrest, Kimberly Shely

Washington Journal of Law, Technology & Arts

In 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.

If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see …

Billboard Names Robert Meitus A Top Music Lawyer, James Owsley Boyd

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

For a musician, charting is generally perceived as a good thing. Whether it’s a national singles list like the Billboard Hot 100 or a local record store’s Top 10 of the Week, being listed among your peers can be rewarding. Robert Meitus is now on a chart of a different kind—Billboard magazine has just named him one of America’s “Top Music Lawyers” for 2023.

Florida Institute Of Technology Ordered To Reinstate Men's Rowing After Title Ix Complaint, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

In February 2023, the U.S. District Court in Florida issued a preliminary injunction in favor of six male student-athletes from Florida Institute of Technology who alleged that the university violated Title IX. The male student-athletes filed the lawsuit against Florida Institute of Technology (FIT) in 2022. The student-athletes claimed FIT violated Title IX when the university eliminated rowing and other programs.

A New Order In A World In Motion: Brexit And Its Impact On The British Premier League, Walter Champion, Daniel Lee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

It's About Time: An Analysis Of Name, Image, And Likeness Legislation In The United States, Taylor Henderson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Dealer's Choice: Pressuring The Ncaa To Allow Student-Athletes To Participate In Certain Gambling Activities, Amanda Daoud

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Physical Sports Needing Virtual Boundaries? An Analysis Of Intellectual Property Issues Arising From Sport Nfts, Maeve Hyer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Place Your Bets: An Analysis Of Name, Image, And Likeness Deals With Barstool Sports, Stella Pratt

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Marathon Continues: Texas Nil Has Room To Grow, Johnathon Blaine

Texas A&M Journal of Property Law

College athletes are now permitted to profit off their name, image, and likeness. However, while a hodgepodge of different regulations exists state-by-state and Congress continues to drag its feet to pass a federal framework, Texas restricts college athletes from maximizing their name, image, and likeness earning potential. This Comment proposes improvements to Senate Bill 1385 that would allow college athletes in Texas to partner with the same categories of “taboo” products as their respective university and to endorse products from competing brands, provided such endorsement is outside of a university-sponsored event, with an exception allowing unrestricted endorsement of footwear. This …

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.

Free Expression In Private Stadia: The Public-Private Nexus And The Reclamation Of Free Expression In Sport, Michael K. Park

Hastings Communications and Entertainment Law Journal

This Article examines how the degree of government and military entwinement with the private enterprise of sport may provide a sufficient nexus for state action, arming athletes with First Amendment protection they would otherwise not possess against private entities. It reviews sport’s historical and cultural ties to militarism and its venerated symbols before exploring the applicability of the theories of state action within the context of private stadia. Anchored by the symbiotic relationship theory, this Article analyzes how the interdependent relationship between the government/military and private sport enterprise may provide the mutual benefits necessary to establish a sports franchise as …

Gonzalez V. Google: Testing The Boundaries Of Section 230, Ohana Chowdhury

Hastings Communications and Entertainment Law Journal

No abstract provided.

Border Search Rationales Ripe For Abuse, With Journalists Particularly At Risk, Bryan Sykes

Hastings Communications and Entertainment Law Journal

No abstract provided.