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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, 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 …

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, 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

Re-Recording The Record: The Case For A Stronger Moral Right Of Integrity In The United States, Alexandria Touron

Fordham Law Review

In the United States, musical artists have limited legal recourse over transferring ownership of their music to third parties, even when such transfers may harm the artist’s reputation or the integrity of the work. Even the most prominent musicians, like Taylor Swift, must operate within an industry structure that normalizes the transfer of rights and, thus, control of their creative works. This occurs because U.S. law ties artists’ rights almost exclusively to economic ownership of their work unless they specifically bargain to keep their moral rights. However, most other countries have comprehensive moral rights frameworks where all artists can protect …

"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.

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 43, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The British Museum's Deceit In The Parthenon Marbles Controversy, Hannah M. Bartfield, Morgan E. Spencer, David Rudenstine

Cardozo Arts & Entertainment Law Journal

The article challenges the British claim of legal ownership over the Parthenon sculptures, arguing that the documents cited by the British government and the British Museum to justify the removal of the marbles are flawed and intentionally misleading. Through a detailed analysis of the Italian and English documents, the article demonstrates that the British narrative of lawful removal lacks credibility, as the documents contain significant discrepancies and mistranslations that undermine their validity. The evidence presented, including scholarly critiques, conclusively discredits the British claim, emphasizing the need for accountability and the return of the marbles to Greece.

Don't Bet On It: Sports Betting And Consequential Detrimental Impact, Melinda Roth

Cardozo Arts & Entertainment Law Journal

In 2018, the U.S. Supreme Court's decision in Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA). Since 1992, this federal law had prohibited most states from allowing sports betting, with some limited exceptions. Following the landmark ruling in Murphy, 39 states and the District of Columbia have moved to permit variousforms of legalized sports betting. The industry is growing exponentially, reaching almost $150 billion in total legalized bets in 2024, and $14 billion in revenues.

Both states and professional sports leagues are profiting handsomely from this burgeoning new sector. Unfortunately, legalized sports gambling is not …

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.

The Death Of Amateurism: How A Vertical Restructuring Of The Ncaa Could Preserve Its Role As The Governing Body Of Collegiate Athletics, Miles M. Mcdonald

American University Business Law Review

The National Collegiate Athletic Association (NCAA) is struggling to survive as an organizational entity because of near-constant litigation over university and student-athlete rights. As we enter an era of “amateur” sports where student-athletes can earn unrestrained financial compensation for their efforts, the NCAA is struggling to convince stakeholders that it has a worthwhile plan for the everchanging landscape of collegiate athletics. The NCAA retained a purpose as a governing entity when its rules relating to financial inducements and transfer eligibility were enforceable. Now, stakeholders look to separate themselves from the NCAA. To maintain a purpose and survive as the governing …

Name Your Price: How The Rise Of Tiktok Influencers Reveals Weaknesses In The Right Of Publicity’S Protection Of The Commercial Value Of Name And Identity, Melody Garzon

FIU Law Review

After TikTok's immediate success within the social media industry, many users have turned to their large followings on the app as a means of capitalizing on their own name, likeness, and identity. These influencers‚ now face various obstacles when attempting to assert their right of publicity. The right of publicity is entirely state-mandated, creating vast discrepancies in protection across state borders. More stringent regulations are needed regarding how one's right of publicity is legally protected against other TikTok users and third-party companies. TikTok's current Intellectual Property Policy does little to deter violations of a user's right of publicity; on the …

The Independence And Impartiality Of The Court Of Arbitration For Sport, Gianna Flammini

Northwestern Journal of International Law & Business

This paper discusses the structure of the Court of Arbitration for Sport (CAS) and its process for adjudicating disputes by looking through the lens of the recent Jordan Chiles case. The intertwined history of CAS and the International Olympic Committee, CAS’s lack of structural independence, its policies that strongly favor one side in disputes, and its lack of sufficient conflict of interest procedures demonstrate that CAS is a flawed arbitral body that does not properly safeguard the interests of athletes. The landmark European Court of Human Rights case, Case of Mutu and Pechstein v. Switzerland, ruled that CAS was sufficiently …

Artificial Intelligence: Catalyst For New Policies Or A New Wave Of Design Piracy?, Blagovesta Leroy

FIU Law Review

The absence of adequate intellectual property protection for fashion designs in the U.S.A. not only undermines the creativity and livelihoods of designers but also fosters the fast fashion industry, contributing to global resource unsustainability and human rights concerns in overseas manufacturing facilities. As Artificial Intelligence (“AI”) advances rapidly, there is a growing concern that its deployment in the fashion industry could accelerate these issues. This paper explores the impact of AI on the fashion industry, highlighting the shortcomings of the existing U.S. intellectual property framework in protecting designers from AI-driven design replication and counterfeiting. Drawing insights from the EU design …

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

FIU Law Review

In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however, particularly the social and political upheaval over protests of the war in Gaza, have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. All this has raised questions about whether the National Strategy's assumptions about public attitudes, the viability of antisemitism awareness initiatives, and the possibility of whole-of-society agreement on countering antisemitism …

Nil Collectives And The Disadvantage Dilemma: Disparities And Challenges In Collegiate Athletics, Arianna Garcia

FIU Law Review

For a long time, the National Collegiate Athletic Association (NCAA)’s principle of amateurism, the concept that student-athletes should not profit from their name, image, and likeness (NIL) while competing in collegiate athletics, was strongly upheld. However, it quickly became a challenge for the NCAA to defend its principle of amateurism after thousands of advocates, including universities and student-athletes themselves, began to criticize the NCAA. Finally, after decades of fighting for more equitable rights for student-athletes, the NCAA made a change to its NIL Policy as a result of two major landmark cases. The NCAA, however, now faces another challenge amidst …

Baseball And Age Discrimination: Experience Matters, Chad Marzen, Michael Conklin

Oklahoma Law Review

No abstract provided.

Innocent Until Proven Newsworthy: Reviving The Tort Of Publication Of Private Facts In The Media Ride-Along Era, Hanna Doudican

Oklahoma Law Review

No abstract provided.

How Theories Of Art Can Inform Debates About Ai, Jessica Silbey

Faculty Scholarship

Debates about artificial intelligence (AI) tend to swing between the optimistic and the apocalyptic. I propose a less binary approach that frames conversations about AI from the perspectives of theories of art and creativity. Whether we agree that AI is artificial or intelligent, whether it should be constrained or liberated, we cannot deny its influence on literary, artistic, and innovative production. AI may be described as simply a new tool to produce art and science, like the camera or the microscope, or it may transform art and science, the way the internet transformed global communication. Either way, these debates about …

The Fox Effect? Implications Of Recruiting Corporate Law To Combat Misinformation, Lili Levi

Articles

In 2023, Fox Corporation settled U.S. Dominion’s defamation action over Fox News’ broadcast of false election fraud claims after the 2020 presidential election for the staggering sum of $787.5 million. Now, a shareholder derivative action is pending in Delaware against the company’s board of directors for breach of state corporate law fiduciary oversight duties for their failure to prevent such defamatory programming. Beyond the specifics of the case, this development portends the emergence of a new politico-legal strategy—using corporate governance requirements as a weapon to promote press accountability and combat misinformation in public discourse. The question addressed in this Essay …