Entertainment, Arts, and Sports Law Commons^™

Redefining Child Pornography In An Age Of Technological Advancement: The Concept Of Avoidable Harm, Debra D. Burke, Christopher N. Doval

Washington Journal of Law, Technology & Arts

In 2020, Netflix released on its streaming service the movie Cuties, a coming-of-age story about an 11-year-old Senegalese immigrant who joined a dance group. The film is a commentary against the hyper-sexualization of children and the pressure young girls face from social media and society and received a director’s award at the Sundance Film Festival. Its release, however, kicked off a culture war, prompting a movement to cancel Netflix subscriptions in response to the film’s sexually provocative imagery of young girls. The movie’s award-winning director defended the film’s message, explaining that the film was her own story, struggling as a …

Stolen Humanity On Display: Lacking Legislation For Human Remains In U.S. Museums, Sarah M. Fassio

Washington Journal of Law, Technology & Arts

In museums across the United States, displays of human remains are not rarities. Yet few attendees stop to consider the provenance behind those once-living parts of our ancestors. To do so, one would have to contend with an unpleasant history rife with scientific racism and graverobbing for the personal collections of society’s upper crust. Considering the origins of such displays reveals that the labels and names attached to human remains in museums often serve more to alienate them from their humanity than they do to connect or contextualize.

Legal regulations pertaining to displayed human remains are piecemeal. There are federal …

Precise Operations, Imprecise Laws: How Nebulous Laws Wreak Havoc In Outer Space, Matthew H. Ormsbee, Harine Raaj

Washington Journal of Law, Technology & Arts

As space operations advance with unprecedented precision, the laws governing these activities remain outdated, vague, and incapable of addressing contemporary challenges. The Outer Space Treaty (OST) and the Liability Convention, drafted in the Cold War era, fail to adequately define fundamental terms such as damage, fault, and compensation. This lack of legal precision creates significant liability gaps, particularly as space debris, mega-constellations, and private-sector actors reshape the space landscape. This article explores how these ambiguities hinder legal predictability and fair compensation for victims of space-related harm. By analyzing real-world space incidents, including the Cosmos 954 reentry, the Iridium-Cosmos collision, and …

Tailoring The Law: Protecting Fashion In The Future, Imaad Huda

Washington Journal of Law, Technology & Arts

This article identifies how the current legal system in the United States harms fashion designers and the art they produce. It explains how fashion as an industry lacks a system of law that best fits the issues posed by design theft due to fast fashion. Fast fashion companies, through modern technology, are able to reproduce stolen designs with haste. Currently, there are a few notable cases that have spawned from design theft, but their verdicts may be limited in their ability to change policy or raise significant legal issues. This article analyzes both current federal enforcement mechanisms and design practices …

From The Silver Screen To The Phone Screen: The Coogan Act’S Struggle To Keep Pace With The Evolution Of Social Media, Anzario Bernard Serrant

Minnesota Journal of Law, Science & Technology

No abstract provided.

Is Nil Woke?, Tan T. Boston

Loyola of Los Angeles Law Review

NCAA football and men’s basketball cumulatively receive almost one hundred percent of intercollegiate name, image, and likeness (NIL) compensation. NIL exceptionalism, however, is not the only distinguishing factor for these two sports. They are also distinctively racially and economically diverse in comparison to the dozens of other NCAA sports. Thus, demographically, NIL produces outcomes that align with so-called ‘woke’ policies. Although almost all states support NIL, an increasing number actively oppose woke policies. In fact, anti-woke backlash served as the impetus for recent anti-woke legislation (AWL) that, for example, bars funding for diversity, equity, and inclusion initiatives in higher education. …

Preface To Volume 16, Issue 2, Peter A. Carfagna

Articles

No abstract provided.

The Melodic Maze Of Generative Ai: Navigating Copyright And Publicity Protections, Brooke Sause

Florida Entertainment and Sports Law Review

The rapid advancement of Artificial Intelligence (AI) in recent years has fundamentally altered the landscape of creative expression. Specifically, generative AI technology has revolutionized how we interact with information, art, and entertainment, blurring the lines between human creativity and machine-generated content. As AI-generated works proliferate across various domains, from visual arts to music composition, profound legal questions and ethical dilemmas have emerged. We currently find ourselves navigating a landscape filled with legal gray areas regarding protections and guidance for creators. As we grapple with whether existing laws can adequately address these revolutionary AI-driven innovations or if entirely new legal frameworks …

Fighting For Their Livelihood: Ufc Fighters Can Improve Conditions Without A Union, Evan Mattel

Florida Entertainment and Sports Law Review

This Article explores the compensation structure and current benefits afforded to UFC fighters, emphasizing the unique challenges and disparities faced in the absence of a collective bargaining agreement. Despite the Ultimate Fighting Championship’s (UFC’s) popularity and revenue, fighter pay still remains a contentious issue as many of the bonuses received by fighters are based on their experience, popularity, and fight performance. This leaves little room for consistent earnings and easy mobility within the organization’s rankings. This Article analyzes the current pay model and investigates the potential impacts of attempting to unionize fighters. By evaluating the current landscape of the UFC …

Bargaining And Ballplayers: The Practical Implications Of Minor League Baseball's Cba And What It Means For The Ncaa, Bobby Bramhall

Florida Entertainment and Sports Law Review

A commentary on the work place struggles of MiLB and how Collective Bargaining Agreement changed that. With this change how will it affect another athletic league, like the NCAA.

Enhancing The Sport Spectatorship Market For Hearing-Impaired Audiences: Accessibility And Engagement Strategies, Niveditha Karthikeyan

Journal of Applied Sport Management

This paper examines the application of the Americans with Disabilities Act (ADA) to the in-person sport spectatorship experience of hearing-impaired individuals. The delivery of the core sport product, especially at the stadium, is not equally accessible to individuals with disabilities, particularly for audience with hearing impairments. While the ADA mandates accessibility in public accommodations, its implementation for communication access within sport venues remains inconsistent. Through a focused review of legal frameworks, venue practices, and emerging technologies, the paper identifies gaps in current accessibility efforts and outlines practical recommendations to enhance inclusivity. Key strategies include the use of AI-powered real-time captioning, …

Governing Global Gig Platforms In The Age Of Ai: When The Manager Is An Algorithm, David S. Lee, Felicia F. Chen Prosecution Development Fellow

Vanderbilt Journal of Entertainment & Technology Law

Gig workers are vulnerable to discrimination from the sharing economy platforms on which they work. This challenge is worsened by these platforms’ dependence on algorithms and artificial intelligence (AI) systems, which are used to control and direct gig workers. These platforms also often operate globally, and discrimination embedded within their algorithms can be magnified when exported into new cultural contexts.

These platforms exercise significant influence over gig workers, but their for-profit nature means that their boards and directors often prioritize shareholder value over gig worker protection. This tension has led to intense debates, as platforms attempt to minimize the rights …

Roll For Lawsuit: Are Actual-Play Series Copyright Ingringers?, Mark Mehochko J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

Dungeons and Dragons is a highly popular Tabletop Role-Playing Game designed by Gary Gygax and Dave Arneson in 1973. The game’s emphasis on narrative storytelling makes it an interesting subject for copyright analysis. When a group plays Dungeons and Dragons (D&D) for an audience, using copyrighted materials from Dungeons and Dragons’s publisher, Wizards of the Coast, there is an open question about whether the players infringe on Wizards of the Coast’s exclusive rights under § 106 of the Copyright Act of 1976. This issue is further complicated by Wizards of the Coast’s unique approach to licensing.

This Note examines how …

Beautiful Means For Nefarious Ends, Eric Wahoff

Notre Dame Journal of International & Comparative Law

This note will attempt to address the laws of art dealers and banks in a way that draws parallels with the past struggles of banks and today’s struggle in the art world to keep bad actors out. It will begin with surveying how art is currently used as a tool of criminals and the current regulatory regimes in the EU, New York, and California – the states with the most art brokers.Then the note will analyze relevant laws from the US banking industry. Finally, the note will discuss ways that banking laws that have been used to address money -laundering …

Nil Speeds Ahead While Title Ix Trails Behind: Finding Room For Title Ix In The Evolving Nil Landscape, Sophie Zelony

Vanderbilt Journal of Entertainment & Technology Law

Title IX was enacted to eliminate sex-based discrimination in educational programs receiving federal funding, including intercollegiate athletics. While the law has successfully increased female participation in sports, disparities in the treatment of male and female athletes persist, particularly in the context of publicity and promotional resources. The rise of name, image, and likeness (NIL) opportunities has further widened this gap, as universities and their affiliated collectives disproportionately promote male athletes, enhancing their marketability and NIL earning potential. Schroeder et al. v. University of Oregon presents a novel legal issue—whether Title IX applies to NIL deals when universities provide unequal publicity …

The National Labor Relations Act Patch Notes: Recent Changes To The Federal Employment Law Landscape, Its Impact On Esport Players, And What These Changes Indicate About The Future, Emet Mah

The Journal of Business, Entrepreneurship & the Law

This Note explores this possibility of esports players unionizing, and exercising their rights under the National Labor Relations Act. Part II provides background on the esport industry as a business and its evolution over time. Part III outlines some of the major issues affecting the esport industry, particularly focusing on the lack of player representation. Part IV examines the industry’s current use of player associations and will explore their shortcomings, prompting the need for formal unionization. Part V will cover the benefits of unionization and how esport players might come under the coverage of the NLRA.

Redefining The Scope Of Anti-Discrimination Law: Illuminating Colorism As A Basis For Discrimination Claims By Black Entertainers, Tolulope F. Odunsi-Nelson

Brooklyn Law Review

This Article critically examines the pervasive issue of colorism within the entertainment industry and its profound impact on dark-skinned Black entertainers. Anti-Black colorism is discrimination against Black people with darker skin tones and Afrocentric features (i.e. darker eye color, kinkier hair, broader nose, fuller lips). Tracing the historical roots of colorism from the colonial era to contemporary times, the Article emphasizes how societal preferences for Eurocentric features and anti-Black racism have created and perpetuated a hierarchy that disadvantages darker-skinned individuals. It analyzes the underrepresentation and pay disparities faced by dark-skinned Black actors and actresses. It details the industry’s preference for …

Ncaa Women Athletes And Nil Pay Disparities: Are They Students Under Title Ix, Employees Under Title Vii, Or Both?, Michael H. Leroy

University of Cincinnati Law Review

Title IX requires schools to eliminate gender disparities in financial benefits and publicity for athletes. This Article shows that men’s basketball players in major National Collegiate Athletic Association (NCAA) conferences were paid an average of $171,272 in 2024, compared to $16,222 for women. Analysis of a prominent basketball program shows that it coordinates with its Name, Image, and Likeness (NIL) collective to monetize NIL donor access in favor of men.

This Article provides legal arguments to show that NIL pay disparities create Title IX liability for NCAA schools: (1) Congress intended Title IX to end sex discrimination against students, (2) …

Maine's Educational Television Network: Legal Difficulties, Charles L. Cragin Iii

Maine Law Review

Maine's educational television network (ETV) cannot pride itself in achieving broad goals and, in fact, cannot attempt to achieve them because of legislation of questionable legal validity which has become an anachronistic barrier to innovations consistent with a keener awareness of the utility of educational television. This note focuses on the state-controlled system servicing northern Maine and points out the conflicts between the system's enabling legislation and the manner in which the system currently operates, and between the enabling legislation and federal laws and regulations. Additionally, it recommends, in a statutory format, the manner in which the system should be …

The Balance Of Power In Professional Sports, Barry Zimmerman

Maine Law Review

This note examines the problems of the professional athlete in dealing with the "establishment" in the sports world. The basic framework for analysis lies in the operation of our free enterprise ideas in the practical context of professional sports. The professional athlete suffers from a severe lack of bargaining power in his relationship with management. This bargaining imbalance is inconsistent with the premises of our free enterprise system and must be eliminated if the professional sports world is to avoid a total breakdown in labor-management relations.