Entertainment, Arts, and Sports Law Commons^™

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.

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents