Entertainment, Arts, and Sports Law Commons^™

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 34, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductions, Matthew Diller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Are You Faux Real? An Examination Of Art Forgery And The Legal Tools Protecting Art Collectors, Leila A. Amineddoleh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Katherine Heigl V. Duane Reade: The Predicted Outcome And Insight Into New York Publicity Rights, Amy Delauter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Piracy And The Indian Film Industry: A "Realist" Assessment, Arpan Banerjee

Cardozo Arts & Entertainment Law Journal

In India, the academic discourse surrounding intellectual property (IP) has been marked by great skepticism. Global IP laws have been viewed as a Western imposition detrimental to national interests. In this paper, I will make the case for a "realist" approach to film piracy in India, i.e., an approach that is rooted in legal pragmatism and draws from the New Legal Realism (NLR) movement. I will suggest a rough template for such an approach, referring to seven broad elements: a) international relations realism; b) contextualization of IP; c) contextualization of copyright; d) the views and interests of the film industry …

Oh The Drone-Abilities!: Hollywood's Drone Pursuit Heats Up And The Faa Can't Stop It, Matthew J. Strong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 35, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Tweeting #Justice: Audio-Visual Coverage Of Court Proceedings In A World Of Shifting Technology, Itay Ravid

Cardozo Arts & Entertainment Law Journal

The debate over whether to allow cameras into courtrooms refuses to fade away. In 2015 alone, U.S. federal courts completed a five-year experiment with cameras in courts, New Zealand published new guidelines for audio-visual coverage, and Scotland completely revised its former broadcast policy. These jurisdictions, and others around the globe, constantly struggle to design model practices that successfully balance freedom of the press, transparency, and public access to information, with rights to a fair trial and privacy. The constant need to rethink coverage policies can be attributed in large part to the advancement of technology, providing the media innovative tools …

Remuneration Of Authors Of Books And Scientific Journals, Translators, Journalists And Visual Artists For The Use Of Their Works, Europe Economics, Lucie Guibault, Olivia Salamanca, Directorate-General For Communications Networks, Content And Technology (European Commission)

Reports & Public Policy Documents

Europe Economics and the Institute for Information Law at the University of Amsterdam were commissioned by DG Connect to undertake a study on the remuneration of authors of books and scientific journals, translators, journalists and visual artists (all groups are hereafter referred to as “authors”) for the use of their freelance works. The overarching objectives of this study are to analyse the current situation regarding the level of remuneration paid to authors in order to compare the existing national systems of remuneration for authors and identify the relative advantages and disadvantages of those systems for them. We also aim to …

Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy

Brooklyn Journal of Corporate, Financial & Commercial Law

Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …

Deaccessioning: A Pragmatic Approach, Ardis E. Strong

Journal of Law and Policy

Art museums are curators of ideas, preservers of culture, and educators on the evolving aesthetics and morals of society. As such, they play an important role in contemporary society and should be accessible to a wide and diverse audience. One important debate in how museums best serve the public interest involves the museum practice of deaccessioning. Historically, policies governing the proceeds museums receive when they deaccession (or remove) work from their collection have strictly limited the use of these funds to the purchase of new art. This policy is based on the idea that museums hold art for the public …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 34 (2015-16)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel 2: Liability Issues And 3d Printing, Mark Bartholomew, Gianni P. Servodidio, Katherine Strandburg, Felix Wu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Revisionist View Of Journalist's Privilege: Justice Powell, Branzburg And The "Proper Balance", William E. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Can Dna Be Speech?, Jorge R. Roig

Cardozo Arts & Entertainment Law Journal

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

This Article discusses a myriad of current and developing ways in which …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 34, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright In Pantomime, Brian L. Frye

Cardozo Arts & Entertainment Law Journal

Why does the Copyright Act specifically provide for the protection of "pantomimes"? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of "les pantomimes" and "entertainments in dumb show" in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '"pantomimes " was forgotten. This Article argues …

Disciplining The Right Of Publicity's Nebulous First Amendment Defense With Teachings From Trademark Law, Wee Jin Yeo

Cardozo Arts & Entertainment Law Journal

Academic commentators, practitioners and students alike have written a flurry of articles on the First Amendment defense in right of publicity law, as courts cannot seem to agree on the appropriate balancing test that should be used to weigh celebrities 'publicity rights against the public's rights to use celebrity personas as communicative tools. Various tests have been proposed as the panacea, but are ultimately unsatisfactory, due to inadequacies that prevent them from striking a normatively desirable balance.

This Article suggests that the core normative justification behind the right of publicity is the prevention of unjust enrichment. Thus, following recent developments …