Entertainment, Arts, and Sports Law Commons^™

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 36, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right Of Publicity: Privacy Reimagined For New York?, Jennifer Rothman

Cardozo Arts & Entertainment Law Journal

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Critical Race Ip, Anjali Vats, Deidré A. Keller

Cardozo Arts & Entertainment Law Journal

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Musical Innovation's Sworn Enemy: The Infringer, Stuart Anello

Cardozo Arts & Entertainment Law Journal

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Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, Richard H. Chused

Articles & Chapters

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Law, Visual Art, And Money, Lydia Pallas Loren

Lewis & Clark Law Review

This Essay explores areas where law and art interact, and where, it seems, money changes things. It discusses three areas of the law that encourage the creation of visual art, starting with the basic combination of property and contract, and moving to the more targeted law of copyright and, finally, the law specifically aimed at the visual arts: the Visual Artists Rights Act (VARA). The Essay then takes up the task of exploring the ways in which both the rights and protections offered by VARA and by copyright law are affected by commercial exploitation of visual artworks. It also examines …

Les Demoiselles D'Avignon: Painting Prostitution, Delineating Law, Shulamit Almog

Cardozo Arts & Entertainment Law Journal

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All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court's Perceived And Imagined Separately Test, David E. Shipley

Cardozo Arts & Entertainment Law Journal

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Ride Oversharing: Privacy Regulation Within The Gig Economy, Casey Thomas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Creating A More Permissive Patentability Standard Under Language From The Tpp, Ryan Thorne

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 36, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Safe Harbors And The Evolution Of Online Platform Markets: An Economic Analysis, T. Randolph Beard, George S. Ford, Michael Stern

Cardozo Arts & Entertainment Law Journal

When a pirated version of a copyrighted work is shared over the Internet, many online intermediaries may participate, exposing these firms to liability through legal concepts such as direct, contributory and vicarious infringement. Safe harbors largely shield intermediaries from "crippling liability" in return for cooperative action on infringing materials. Yet, digital piracy remains a problem. In this paper, we offer a simple economic model of safe harbor protection, demonstrating that de minimis liability for these platforms promotes infringing platforms to the detriment of responsible ones. Increasing the risk of liability for infringement results in a "separating equilibrium," with one platform …

To Filter Or Not To Filter? That Is The Question In Eu Copyright Reform, Giancarlo Frosio

Cardozo Arts & Entertainment Law Journal

This article discusses the proposed introduction in EU law of an obligation for hosting providers to conclude licencing agreements with copyright holders and ensure they are taking effective technological measures, such as Content ID technologies, to prevent copyright infringement on online platforms. This proposal is included in Article 13 and accompanying Recitals of the European Commission's Draft Directive on Copyright in the Digital Single Market of September 14, 2016, which forms an important part of the ongoing EU copyright reform. This article highlights the shortcomings of this proposed reform, which may fall short in terms of clarity, consistency with the …

Valorizing Disobedience Within The Ranks: Law And Resistance In American Military Film, Amar Khoday

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why The Bridgeport Rule For Infringement Of Sound Recordings Is No Longer 'Vogue', Jessica Mauceri

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Ownership Of University Intellectual Property, Jon M. Garon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Digital Publishing: Three Futures (And How To Get There), Stephen M. Maurer

Cardozo Arts & Entertainment Law Journal

The usual assumption that copyright rewards creativity is afiction. In practice, most authors earn very little compared to their publishers. This article asks what services, if any, publishers supply to justify these payments. We argue that the only reasonable candidate is search, i.e. finding worthwhile titles among the million or so books written each year.

For most of the 20th Century, there was just one search technology: Human judgment. This led to a complex ecosystem of editors, bookstore owners, reviewers and other middlemen. The difference in the 21s' Century is the emergence of a second technology- "Big Data"-that could make …

A Twenty-First-Century Olympic And Amateur Sports Act, Dionne L. Koller

All Faculty Scholarship

Recent scandals involving national governing bodies for sport and allegations of athlete abuse have captured media attention. The most recent, focusing on the actions of USA Gymnastics, prompted Congress to propose legislation to require better protections for Olympic Movement athletes. Signed into law on February 14, 2018, the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 designates the United States Center for SafeSport (SafeSport) as the independent organization charged with exercising jurisdiction over the United States Olympic Committee (USOC) and sport national governing bodies to safeguard amateur athletes against all forms of abuse. Congress’s instincts …

In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

Soccer is unquestionably the world's most popular sport. Two hundred and eleven countries have national soccer associations, hundreds of millions of people across the globe play recreationally, and Federation Internationale de Football Association's ("FIFA") quadrennial World Cup soccer tournament is unchallenged as the highest profile4 and highest grossing sporting competition on Earth. Notwithstanding its popularity, however, soccer sits at a troubling crossroads as the sport's governing bodies grapple with the impact that the risk of brain injury is having on the game. Soccer is, of course, not alone in this regard. The risk of brain injury exists in all team …

What Authorizes The Image? The Visual Economy Of Post-Secular Jurisprudence, Richard Sherwin

Articles & Chapters

In law’s visual economy our commitment to justice grows out of a renewed encounter with an interior libidinal source whose ongoing collective investment binds us to the nomos in which we live. We experience this corporeal bond in paintings, films, and video images on screens large and small. In the ethically inflected aesthetic of post-secular jurisprudence, justice is to law as beauty is to art. As distant as an abstract expressionist canvas, as close as any neighbor, or indeed any screen on which the neighbor becomes real to us. That is where we behold the source and instantiation of law’s …