Entertainment, Arts, and Sports Law Commons^™

Sliding Into Safety: Why Formal United Nations Or United States Sanctions Or Action Would Help Major League Baseball Curb Human Smuggling And Trafficking Issues, Maxwell Russ

Brooklyn Journal of International Law

Every year when the baseball season ends and the offseason begins, professional teams’ front offices go searching for the best available players. Often, incredibly talented baseball players can be found across the world and today, Major League Baseball (MLB) players come from across the globe. Yet, despite the global outreach of MLB, the process by which teams are allowed to search for, recruit, and sign foreign-born players remains largely unregulated by the league itself. For years, stories of players from foreign countries being subjected to shady and unethical practices have begun to surface. This dark side of baseball was even …

Ai Fanfare & Fanfiction: Do Fanfiction Writers Have Protections Against Artificial Intelligence?, Sinbay Tan

Brooklyn Law Review

As artificial intelligence (AI) becomes a familiar topic in everyday conversation and now increasingly in courts, there is a conflict between its use in creative and artistic spaces. While authors and artists enjoy copyright protections that might shield their works from being misused, there are millions of fanfiction writers who have no such protections. After all, the essence of fanfiction is rooted in writing about the characters, settings, and stories made by someone else. After decades of writing online, these fanfiction authors face the threat of having their works scraped up and fed into AI algorithms to be used in …

Power And Finesse: How The United States’ And Australia’S Women’S National Soccer Teams Score For Equal Pay, Arianna Amato

University of Miami International and Comparative Law Review

Over the last fifty years, women’s soccer has emerged as a segment of the sport attracting an audience of all ages, genders, and national origins. Despite its relatively young but dense history, the sport’s following is fun, passionate, and inspiring to both die-hard fans and casual viewers alike. However, with its explosion in popularity comes a corresponding rise in life-altering issues requiring legal solutions. Behind the scenes, these female athletes come together not only over their love of the beautiful game but in confronting similar challenges regarding their employment agreements, which are governed by domestic and international labor law, as …

Generative Artificial Intelligence And Copyright In The Film And Media Industry, Victor A. Oberting Iv

Washington and Lee Law Review Online

The development of generative artificial intelligence (“GAI” or “generative AI”) introduces compelling benefits and capabilities to filmmakers and artists, but also brings complications regarding copyright of creative works. The American film and media industry in particular illustrates the scope of GAI’s legal, economic, and ethical implications. Though GAI may exhibit characteristics of independent agency or intent, GAI models are best understood as a new set of tools that serve a diverse range of applications in the creative process. The potential benefits of this set of tools can only be realized, then, if the filmmakers who use them are not unreasonably …

Taxation's Limits, Luís C. Calderón Gómez

Northwestern University Law Review

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Sotheby's Visit With Cals, Cardozo Fame Center, Cardozo Fashion Law Society

2024–2025 Flyers

No abstract provided.

Please Join Us At Cardozo School Of Law For A Weekend Of Kukin Program Events!, Kukin Program For Conflict Resolution

2024 Event Invitations

• A Peace Gala in Honor of Professor Lela P. Love
• The Cardozo Journal of Conflict Resolution Melnick Symposium
• The Cardozo Invitational Negotiation in Entertainment Arts and Media (CINEMA)

Join us for a dinner celebration in honor of Professor Love, Founding Director of the Kukin Program for Conflict Resolution. In 1985, she founded Cardozo's Mediation Clinic—one of the first clinical programs to train law students to serve as mediators. Love has served as mediator, arbitrator and dispute resolution consultant in community, employment, family, human rights, school-based and commercial cases. An active educator and participant in dispute resolution activities, she regularly conducts …

Sync Licenses, Soundtracking, And Infringement Claims: Oh My!, Women In Tech Law, Cardozo Entertainment Law Society, Intellectual Property Law Society, Cardozo Fame Center

2024–2025 Flyers

No abstract provided.

A Transformative Standard For Transformative Times: Protecting Student-Athlete Speech In The Era Of Name, Image, And Likeness, Kyle Saxon

William & Mary Law Review

As an entirely new and developing area of the law, NIL [name, image, and likeness] further complicates the existing struggles in determining how NCAA student-athletes should be viewed by the law in the employment context. Such a determination is crucial to understanding the extent of student-athletes’ First Amendment protections. Even as NIL drives the law further in the direction of student-athletes becoming employees of the university, student-athletes are still undeniably enrolled students of the university, and scholastic achievement is still a primary consideration for college athletics.

This unique relationship between student-athletes and their institutions necessitates an entirely new standard for …

Fear Of Motion, Cardozo Criminal Defense Clinic, Filmmakers Legal Clinic (Flc), Perlmutter Center For Legal Justice At Cardozo Law, Josh Dubin

2024 Event Invitations

“A young man on the grip of his probation, attending a therapy session to navigate his survivor guilt after getting his best friend incarcerated. The film explores familiar themes in black politics, regarding the struggles and circumstances of people under maximum sentences. It includes the stigmatization and ineffective rehabilitation that contributes to the corruption of the probation system.”

Streaming Service Arms Race: Protection And Distribution Of Live Sports Broadcasting In A Cord-Cutting Environment, Leo Bourgeois

Dalhousie Journal of Legal Studies

This paper highlights the disparity in meeting consumer expectations for broadcasting sports content. The current shift to online streaming services creates accessibility and affordability challenges, leading to an increase in illegal streaming. The existing copyright laws in Canada and the U.S. have some limitations in enforcing the rights of sports media rights holders against primary or secondary infringement, and intermediaries face difficulties in removing infringing content. While injunctions and site-blocking orders are potential solutions, they may not completely combat online piracy. A possible solution is a centralized streaming service to address piracy while improving customer satisfaction. However, concerns about feasibility, …

Black Excellence In The Spotlight: Legal Insights In The Entertainment Industry, Cardozo Entertainment Law Society, Black Law Students Association (Blsa)

2024–2025 Flyers

No abstract provided.

Nil Tampering, Josh Lens

BYU Law Review

The college athletics landscape has experienced several recent dramatic and monumental changes. In 2018, its governing body, the NCAA, implemented the transfer portal to help universities and athletes manage the process by which athletes transfer to another university. In 2021, the NCAA allowed every athlete the freedom to accept compensation in exchange for the use of their name, image, and likeness (“NIL”). Booster collectives quickly formed to facilitate NIL arrangements and now exert significant financial influence in the athlete recruiting and retention process. Tens of thousands of athletes have used the portal since its inception, with many seeking more NIL …

Understanding Golf’S Civil War: An Antitrust Analysis And Discussion, Emma Hackett

BYU Law Review

For years, professional golf has been ruled by the PGA Tour. But in 2022, the PGA Tour’s monarchy started to crack when LIV Golf, a new Saudi-backed golf league, entered the scene and sued the PGA Tour for antitrust violations. Players and fans had to take sides: the legacy of the PGA Tour or the deep pockets of LIV Golf? The lawsuit resulted in a settlement between the entities, but the complaints exposed dealings engaged in by the PGA Tour that this Note argues are violations of the Sherman Act. Beyond illegality of the Tour’s acts, the dispute between LIV …

Scotus At The Bat: Touching Base With Baseball’S Antitrust Exemption, Porter Y. Schenewark

BYU Law Review

In the longstanding debate surrounding Major League Baseball’s exemption from federal antitrust laws, recent legal developments and Supreme Court dynamics call for a reexamination of the Supreme Court’s 1922 Federal Baseball decision. Drawing parallels between the Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization and the potential reconsideration of Baseball’s exemption, this paper explores the factors at play and the implications for the future of the sport.

Through the Court’s framework of five factors as used in Dobbs, the paper evaluates the nature of the Court’s error, the quality of reasoning, workability, effect on other areas of law, …

A Conversation With Sam And Libby Edelman: Legends In The Footwear Industry, Fashion Law Society, Cardozo Fame Center

2024–2025 Flyers

No abstract provided.

A Conversation With Sam And Libby Edelman: Legends In The Footwear Industry, Cardozo Fame Center, Cardozo Fashion Law Society

2024 Event Invitations

Join Cardozo's FAME Center and the Fashion Law Society as they present fashion industry icons, Sam and Libby Edelman in conversation with FAME Director and Cardozo Professor, Barbara Kolsun. Reception to follow.

Vino & Vignettes, Cardozo Fame Center, Cardozo Art Law Society, Cardozo Wine Society

2024–2025 Flyers

No abstract provided.

Fake Drake? Ai Music Generation Implicates Copyright And The Right Of Publicity, Hope Juzon

Washington Law Review

Artificial intelligence has contributed to music composition since the 1950s. Its contributions evolved from machines that produced simple melodies to programs that generate accurate vocal imitations of singers. Modern artificial intelligence relies on pre-existing—and often copyrighted—songs to create new music, the most common of which include vocal imitations of popular singers. Copyright law in the United States has yet to address how copyright holders’ rights are implicated when artificial intelligence programs are trained on protected works. As a result, these rights holders across disciplines and sectors have filed complaints alleging infringement of their works. While copyright holders await their fate, …

Taming The Wild West: Can Order Be Restored To The Collegiate Playing Fields?, Edward D. Cavanagh

Faculty Publications

On May 23, 2024, the NCAA and member conferences entered into a historic settlement to resolve the House case, a class action lawsuit brought on behalf of some 14,000 college athletes seeking damages for lost opportunities to gain financial benefits from their schools' use of their name, image, and likeness ("NIL") due to the NCAA's past denials of NIL compensation from media broadcasts, video games, and third parties. The trial court had certified damage classes consisting of (1) men's football and basketball players; (2) women's basketball players; and (3) other sports. As part of the settlement, defendants agreed to pay …