Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered,
2025
Benjamin N. Cardozo School of Law
Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered, Riann Colbert
Cardozo Arts & Entertainment Law Journal
The proliferation of "Superfake" luxury goods, which are high-quality counterfeit items nearly indistinguishable from authentic products, poses significant challenges to trademark law, consumer protection, and the broader economy. These items, often sold through e-commerce platforms, not only undermine legitimate businesses but also expose consumers to health risks, support organized crime, and perpetuate environmental harm. The note advocates for enhanced legal frameworks and consumer education to mitigate these issues.
Antitrust And Console Gaming: Preventing Macrocompanies With Microtransactions,
2025
Benjamin N. Cardozo School of Law
Antitrust And Console Gaming: Preventing Macrocompanies With Microtransactions, Cameron Brody
Cardozo Arts & Entertainment Law Journal
The note examines antitrust concerns in the console gaming industry, focusing on corporate consolidation and the impact of microtransactions. It argues that traditional antitrust strategies, such as foreclosure arguments, have proven ineffective in addressing these issues. The analysis suggests that microtransactions, particularly their role in exploiting consumers and consolidating market power, should be a focal point for new antitrust enforcement strategies. Regulators are urged to consider the broader implications of microtransactions on market structure and consumer welfare to develop innovative approaches to antitrust law.
Time For A Clean Finish? Analyzing A New Path To Collective Bargaining At The Wwe,
2025
Benjamin N. Cardozo School of Law
Time For A Clean Finish? Analyzing A New Path To Collective Bargaining At The Wwe, Paige Green
Cardozo Arts & Entertainment Law Journal
The note argues that professional wrestlers in the WWE face significant challenges in achieving fair compensation and better working conditions due to their classification as independent contractors, which denies them protections under the National Labor Relations Act (NLRA). It proposes that leveraging antitrust law could provide an alternative and effective strategy for wrestlers to collectively bargain and improve their circumstances, drawing parallels to successful efforts by UFC fighters.
Spotify's Dj Algo: An Analysis Of Copyright Infringement Risks In A.I.- Powered Music Curation,
2025
Benjamin N. Cardozo School of Law
Spotify's Dj Algo: An Analysis Of Copyright Infringement Risks In A.I.- Powered Music Curation, Eddie Halwani
Cardozo Arts & Entertainment Law Journal
The note examines the legal and policy implications of Spotify's AI-powered music curation, arguing that while its use of copyrighted material may constitute copyright infringement, it qualifies as fair use under the transformative and non-expressive purposes doctrine. However, the analysis highlights the need for economic reforms to ensure equitable compensation for rights holders and sustainable innovation.
Artificial Intelligence And Its Exploitation By The Fashion Industry,
2025
Benjamin N. Cardozo School of Law
Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes
Cardozo International & Comparative Law Review
The note explores the transformative impact of artificial intelligence (AI) on the fashion industry, highlighting its potential to enhance efficiency, innovation, and customer experience. However, it underscores the critical legal and ethical challenges, including data privacy, intellectual property rights, supply chain transparency, and diversity issues, that must be addressed to ensure responsible and equitable adoption of AI technologies.
"A Signature At Gunpoint" - Reframing Forced Sales And Sales Under Duress In Nazi-Looted Art Disputes,
2025
Benjamin N. Cardozo School of Law
"A Signature At Gunpoint" - Reframing Forced Sales And Sales Under Duress In Nazi-Looted Art Disputes, Ethan Ashley
Cardozo International & Comparative Law Review
The note advocates for recognizing forced sales of art during the Nazi era as sales under duress and proposes a legal presumption of duress to facilitate restitution for heirs. It suggests amending the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 to include this presumption, shifting the burden of proof to defendants to demonstrate that sales were voluntary. This change aims to address inconsistent court rulings and ensure fairer outcomes for claimants.
How To Beat The Nfl’S Best Defense: Attacking The Mass Arbitration Phenomenon With Class Arbitration,
2025
Benjamin N. Cardozo School of Law
How To Beat The Nfl’S Best Defense: Attacking The Mass Arbitration Phenomenon With Class Arbitration, Thomas Riley
Cardozo Journal of Conflict Resolution
During his seventeen-year tenure as Commissioner of the National Football League (NFL), Roger Goodell never testified at trial. However, that changed when a class of plaintiffs sued the NFL for antitrust violations, alleging the League artificially inflated the cost of its viewership package—NFL Sunday Ticket—and thereby harmed consumers. NFL Sunday Ticket is described as a “premium sports package” that allows fans to watch out-of-market games they otherwise would not be able to view in their current market. This David and Goliath moment was a chance to discipline the pricing of one of the most popular television products in the United …
Belgium’S Implementation Of The Eu Copyright Directive: An Investigation Of The State Of Equitable Remuneration,
2025
Benjamin N. Cardozo School of Law
Belgium’S Implementation Of The Eu Copyright Directive: An Investigation Of The State Of Equitable Remuneration, Soraya Mazarei
Cardozo International & Comparative Law Review
As streaming becomes the dominant means of music consumption around the globe, songwriters have lost out to music publishers in the contracting process. Ultimately, songwriters are making less money than they used to. Some countries have opted to address this growing problem. Various European countries, including Belgium, have made great strides towards levelling the playing field, to the benefit of songwriters. The subject of equitable remuneration (ER) in the music industry is one that garners ever-more attention, particularly as streaming giants like Spotify win an ever-larger proportion of the music market. Thus far, ER regimes have focused largely on featured …
How Do You Solve A Problem Like Artistic Freedom In The American Theatre?: A Plea For Denying Copyright Protection To Staging Requirements,
2025
Benjamin N. Cardozo School of Law
How Do You Solve A Problem Like Artistic Freedom In The American Theatre?: A Plea For Denying Copyright Protection To Staging Requirements, Michael Ecker
Cardozo Arts & Entertainment Law Journal
The note argues that extending copyright protection to theatrical stage directions would severely threaten the collaborative nature of American theater, stifling creativity and inclusivity. It contends that stage directions, as a unique aspect of dramatic works, should not be eligible for copyright protection under the Copyright Act of 1976, particularly due to the merger doctrine, which denies protection when ideas and their expression are inseparable. The note emphasizes the importance of preserving theater as a collaborative and interpretive art form, where the interplay between playwrights, directors, and performers is essential to its vitality.
Closed Doors To Justice: How The Copyright Claims Board Is Shutting Out Pro Se Litigants,
2025
Detroit Mercy Law
Closed Doors To Justice: How The Copyright Claims Board Is Shutting Out Pro Se Litigants, Melissa Eckhause
Cardozo Arts & Entertainment Law Journal
The Copyright Claims Board (CCB), established under the Copyright Alternative in Small-Claims Enforcement Act of 2020, was intended to provide an accessible forum for resolving small-value copyright disputes, particularly for pro se parties. However, the CCB has failed to fulfill this promise, with nearly 90% of pro se claims being dismissed without resolution on the merits. The CCB's strict compliance requirements and failure to liberally construe pro se claims have created a system more burdensome than federal court, contrary to Congress' intent. The article proposes reforms to align the CCB's practices with its original purpose of accessibility and simplicity for …
The Doors Of Janus: A Critical Analysis Of The Socio-Technical Forces Eroding Trust In The Rule Of Law,
2025
Tilburg Law School
The Doors Of Janus: A Critical Analysis Of The Socio-Technical Forces Eroding Trust In The Rule Of Law, Anuj Puri, Esther Keymolen
Cardozo Arts & Entertainment Law Journal
The Rule of Law is neither just a principle nor solely the institutions that embody that principle, a critical aspect of the Rule of Law is its grounding in trust which often gets neglected in the surrounding discourse. When the citizens' trust in the Rule of Law weakens, the Rule of Law becomes fragile. In this article we examine the impact of emerging technologies on the citizens' trust in the Rule of Law. Our analysis is specifcally focused on the effect of systemic disinformation which is likely to worsen with the advent of Generative AI, algorithmic misgovernance, and the digitalization …
"The Gift Of A Golden Voice": Shaping The Right Of Publicity To Protect Performers From A.I. Abuses,
2025
Benjamin N. Cardozo School of Law
"The Gift Of A Golden Voice": Shaping The Right Of Publicity To Protect Performers From A.I. Abuses, Sebastian Saavedra
Cardozo Arts & Entertainment Law Journal
The note explores the evolving nature of the right of publicity, a unique area of intellectual property and privacy law that protects individuals' control over their likeness and persona. It examines the challenges posed by emerging technologies, particularly AI-generated content, and advocates for a balanced approach that integrates elements from trademark and copyright law while respecting First Amendment rights. The analysis emphasizes the need to protect performers' rights to their public image without undermining established legal frameworks.
Flexing The Celebrity Muscle: Celebrity Leverage In Trademark Law And Why Small Businesses Deserve Equitable Treatment,
2025
Benjamin N. Cardozo School of Law
Flexing The Celebrity Muscle: Celebrity Leverage In Trademark Law And Why Small Businesses Deserve Equitable Treatment, Victoria M. Lopez
Cardozo Arts & Entertainment Law Journal
The note examines the imbalance in trademark law disputes between celebrities and small businesses, arguing that celebrities often leverage their fame and resources to gain an unfair advantage. It highlights how this dynamic can overshadow the rights of small businesses, even when they have prior use of a trademark, as seen in the case of Beauty Concepts vs. Kim Kardashian. The analysis advocates for a more equitable approach to trademark law to protect small businesses from being disadvantaged by celebrity influence.
Can Commercials Be Art? An Analysis Of Intellectual Property Preawareness In The Barbie Era,
2025
Benjamin N. Cardozo School of Law
Can Commercials Be Art? An Analysis Of Intellectual Property Preawareness In The Barbie Era, Shreya Kalidindi
Cardozo Arts & Entertainment Law Journal
The note examines the evolution of advertising, particularly native advertising, and critiques the inadequacy of current regulatory frameworks in addressing its deceptive potential. It highlights how modern advertising practices, such as product placement in films like Barbie, blur the line between commercial speech and artistic expression, challenging the Federal Trade Commission’s (FTC) ability to protect consumers. The analysis argues that strengthening existing regulations is insufficient and advocates for empowering consumers to make informed decisions, as the legal system struggles to keep pace with innovative advertising strategies.
Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 43, Iss. 3,
2025
Yeshiva University, Cardozo School of Law
Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 43, Iss. 3
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Be Thankful I Don't Take It All ('Cause I'M The Taxman)": Music Transactions, Catalog Sales, And Tax Treatment,
2025
Benjamin N. Cardozo School of Law
"Be Thankful I Don't Take It All ('Cause I'M The Taxman)": Music Transactions, Catalog Sales, And Tax Treatment, Hannah M. Bartfield
Cardozo Arts & Entertainment Law Journal
This Note examines music catalog transactions from a tax perspective to determine the key considerations, benefits, and consequences of such a transaction, and then addresses why these characteristics are inconsistent with the purpose of copyright law. First, this Note addresses the copyright concepts that govern the music industry in Part I.B. In Part II, royalties are discussed as one method that musicians can rely on to earn revenue from their music, including a summary of how those earnings are taxed. In Part III, these findings will be weighed against similar considerations for the sale of an artist's music catalog, including …
The Score Act Is Unconstitutional: Private Nondelegation Problems With Congress’S Latest Attempt To Regulate College Sports,
2025
Boise State University
The Score Act Is Unconstitutional: Private Nondelegation Problems With Congress’S Latest Attempt To Regulate College Sports, Sam C. Ehrlich, Ryan M. Rodenberg
Cardozo Law Review de•novo
The Student Compensation and Opportunity through Rights and Endorsements Act (“SCORE Act”) is Congress’s most ambitious effort yet to bring stability to college sports, codifying the recent House settlement while granting sweeping regulatory power to private athletic associations such as the National Collegiate Athletic Association (“NCAA”) and the College Sports Commission (“CSC”). However, by delegating policymaking authority to these private, self-interested entities without any sort of public oversight, the bill raises serious constitutional concerns under the private nondelegation doctrine. Drawing on parallels to a string of litigation involving the Horseracing Integrity and Safety Act (“HISA”) and recent Supreme Court signals, …
Forward Progress: The Rooney Rule And Its Post-Sffa Relevance,
2025
American University Washington College of Law
Forward Progress: The Rooney Rule And Its Post-Sffa Relevance, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
In 2003, the National Football League (NFL), which had long struggled with racial inequity both on and off the field, implemented a policy known as the Rooney Rule, requiring that any league club searching for a head coach interview at least one person of color before making a hire. In the over two decades since, employers of all sorts seeking to increase opportunities for people of color and women have adopted a form of the Rule. Indeed, it has gained traction from coast to coast. Hundreds of American employers utilize the Rooney Rule or a policy derived therefrom. In the …
Of Labor, Antitrust, And Why The Proposed House Settlement Will Not Solve The Ncaa’S Problem,
2025
Baruch College
Of Labor, Antitrust, And Why The Proposed House Settlement Will Not Solve The Ncaa’S Problem, Marc Edelman, Michael A. Carrier
Fordham Law Review
The National Collegiate Athletic Association (NCAA) recently settled three antitrust lawsuits. With a significant payout, it hopes to put its antitrust worries behind it. In doing so, the NCAA seeks to follow in the footsteps of the National Football League (NFL), which has enjoyed thirty years of labor peace. But there is a big difference between these two situations. The NFL’s 1993 settlement in White v. National Football League was shielded from antitrust scrutiny by the nonstatutory labor exemption, which encourages collective bargaining activity. No such exemption protects the NCAA’s settlement. This Essay explains why the NCAA cannot establish a …
Life After Employee-Status In College Sports,
2025
Baruch College
Life After Employee-Status In College Sports, Marc Edelman, John T. Holden, Michael A. Mccann
Fordham Law Review
National Collegiate Athletic Association; NCAA; college sports; intercollegiate sports; college athletes; college-athlete employee; amateurism; worker; employee; employment status; collective bargaining; single-employer bargaining units; Multiemployer Bargaining Units; Joint Employer Bargaining Units; antitrust
