Entertainment, Arts, and Sports Law Commons^™

Deconceptualizing Artists' Rights, Steven G. Gey

San Diego Law Review

During the last three decades, visual artists and their supporters have convinced several states and the federal government to enact legislation protecting the moral rights of artists. This effort culminated in the federal government’s enactment of the Visual Artists Rights Act of 1990. These statutes protect various aspects of art, including most importantly artistic integrity, which gives artists the right to prevent the intentional distortion, mutilation, or other modification of an artistic work if the modification would damage the artist’s reputation. These statutes have recently come under attack, surprisingly, from within the art community itself. Professor Amy Adler recently published …

Notice: Albums Are Dead - Sell Singles, Brian P. Nestor

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Third And Extremely Long: Why The Elimination Of The Bcs Seems All But Impossible, Brad Taconi

The Journal of Business, Entrepreneurship & the Law

On January 8, 2009, the University of Florida Gators defeated the University of Oklahoma Sooners in Miami, Florida to win the Bowl Championship Series (“BCS”) Championship Game. As a result of their victory, the Gators were named the Associated Press National Champions after capturing forty eight out of a possible sixty five first place votes. The win on the football field gave the Gators their second national championship in three seasons, but it also reignited a debate about the inherent fairness of the BCS system: whether the BCS violates antitrust law, and whether the federal government should interject and force …

International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, Lavonne Burke

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

The Moral Rights Act Of 2007: Finding The Melody In The Music, Aurele Danoff

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.

All Faculty Scholarship

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …

Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds

Writings

The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.

Copyright Law And Pornography, Ann Bartow

Law Faculty Scholarship

The government can and should stop providing financial incentives in the form of copyright protection for the production and distribution of pornographic works that cause direct harms, such as child pornography, revenge pornography, crush pornography and filmed sexual abuse. The Article proceeds in five parts. Part I provides an overview of the relationship of copyright law to pornography. Copyright law, viewed in a certain light, plays a structural role in the commoditization of sex and sexual images. In most jurisdictions in the United States, buying and selling sex is illegal, but when sex-for-hire is fixed in a tangible medium of …

Social Media And The Press, Lili Levi

Articles

The Internet and social media are transforming news as we knew it, yet the precise consequences of these changes are not yet clear. Journalists now rely on Twitter, crowdsourcing is available through social media, facts and stories are googled, traditional print newspapers have websites and reporter blogs, "open newsrooms" invite community participation in the editorial process itself, video from citizen journalists is commonly used in mainstream media storytelling, bloggers consider themselves journalists, and media consolidation marries entities like AOL and the Huffington Post. In turn, changes in the news-access practices of readers are increasingly influencing the length, breadth, and subjects …

What If The Big Bad Wolf In All Those Fairy Tales Was Just Misunderstood?: Techniques For Maintaining Narrative Rationality While Altering Stock Stories That Are Harmful To Your Client’S Case, Jennifer Sheppard

UC Law SF Communications and Entertainment Journal

Cognitive researches have established that humans think in terms of stories and, consequently, are persuaded by stories. That means that lawyers must be wary of stock stories that effect how an audience views a given set of circumstances. When a stock story is so pervasive that it will not allow a lawyer to ignore it or a more favorable alternative story does not exist, a lawyer can present the client's story from an alternative perspective that will not evoke the embedded knowledge structures triggered by the unfavorable stock story. The lawyer can accomplish this by tinkering with the different threads …

Drafting A Solution: Impact Of The New Salary System On The First-Year Major League Baseball Amateur Draft, Nicholas A. Deming

UC Law SF Communications and Entertainment Journal

Major League Baseball has evolved over the years. What was once a game played by residents of small towns across the country is now a multibillion dollar industry with international ties and ever-expanding exposure. With this transformation, the needs of the game have changed and its place in the judicial framework is unsettled. Currently, there is a growing discrepancy between small-market and large-market Major League Baseball teams. In part, the first-year amateur draft often fails to steer the most talented players to the worst teams because of financial concerns surrounding signing rookies. Major League Baseball had the opportunity to fix …

Libel Capital No More? Reforming British Defamation Law, Stephen Bates

UC Law SF Communications and Entertainment Journal

London has long been known as the libel capital of the world. Through substantive law, expansive jurisdiction, and high litigation costs, the British courts strongly favor libel plaintiffs. Aspects of the system have come under increasing criticism from a variety of sources, including academics, nongovernmental organizations, the United Nations Human Rights Committee, the European Court of Human Rights, the British Ministry of Justice, and a committee of the House of Commons. In March 2011, the British government proposed far-reaching reforms. Four months later, however, new revelations emerged about phone-hacking by Rupert Murdoch's News of the World. As a consequence, the …

Parody Or Identity Theft: The High-Wire Act Of Digital Doppelgangers In California, Katharine Malone

UC Law SF Communications and Entertainment Journal

Several recent high-profile instances of cyberbullying and online impersonation have prompted state legislatures to take action against this real and growing problem. As part of this trend, California recently enacted Senate Bill 1411, which criminalizes "e-personation." At first glance, this statute looks perfectly reasonable: it is short, filled with good intentions, and merely applies existing harassment, intimidation and fraud laws to the relatively recent medium of the Internet. However, a thorough read reveals vague and overly broad language which could result in chilled political activism and free speech. This note analyzes the statute and attempts to provide some guidance on …

Privacy In Social Media: The Right Of Publicity, S. Michael Kernan

UC Law SF Communications and Entertainment Journal

The increasing ubiquity of social media websites like Facebook and Twitter, has led to a growing concern regarding the right of privacy on the internet. The myriad of common law cases on the issue provide website operators (and their advertisers) with little or no clear direction as to what is and is not permitted. At the same time, as websites monetize using an advertising model, that monetization is colliding with privacy rights, specifically, the right of publicity. The right of publicity has been heavily litigated lately, in particular against Facebook as it attempts to monetize its massive user base. This …

Ambush Marketing: Dissecting The Discourse, Brian Lee Pelanda

UC Law SF Communications and Entertainment Journal

This article discusses the problematic discourse in which scholars and corporate complainants such as the International Olympic Committee have discussed the issue of ambush marketing. It argues that those who persistently complain about ambush marketing have wielded the term far too liberally, and thus a great deal of confusion exists between the generally accepted definition of ambush marketing and the reality of the circumstances surrounding the numerous marketing strategies that the term is commonly used to describe. While much of the current literature on the subject concludes that the existing state of the law in the United States is not …

“I Agreed To What?”: A Call For Enforcement Of Clarity In The Presentation Of Privacy Policies, David Thompson

UC Law SF Communications and Entertainment Journal

Though the federal government has enacted statutes regulating privacy policies in limited contexts, there is no generally applicable law governing the nature of privacy policies across all industries. In light of the ever-increasing prevalence of user data collection and the widespread failure of companies under the self-regulatory model to make their policies readable, of reasonable length, and placed in a noticeable location, I argue that such a regulation should be promulgated.

This note will address the difficulties of preserving one's privacy in the digital era, discuss common shortcomings of privacy policies, explore the negative consequences of these shortcomings, then analyze …

Dropped Calls: The Extent Of The Free Speech Guarantee To Wireless Communications Service, Candice Shin

UC Law SF Communications and Entertainment Journal

From former President Hosni Mubarak's final days as ruler of Egypt to the Bay Area Rapid Transit's response to the protests on August 11, 2011, governmental entities have increasingly responded to civil unrest by restricting or shutting down wireless communication networks to thrwart further coordination among civilian agitators. Whether BART itself faces another occasion in which to consider disabling its wireless infrastructure, future protests and threats to public safety in the United States are inevitable. To that end, Congress has considered bills that would grant the President the ability to essentially shut down the Internet, including the Protecting Cyberspace as …

Home Field Advantage: Determining The Appropriate Turf For Williams V. National Football League And Clarifying Preemption Precedent, Dana A. Gittleman

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.