Entertainment, Arts, and Sports Law Commons^™

Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona

Pepperdine Law Review

TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …

Cardozo Aelj Author Interview Series: Caitlin Muraca, Caitlin Muraca

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Caitlin Muraca discusses her Note, Combating False Election Information in a Section 230 Protected World: to Moderate or Not to Moderate, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 27, 2023. The original post can be accessed via the Archived Link button above.

Behind The Scenes Of The 2021 Hollywood Labor Unrest, Kimberly Shely

Washington Journal of Law, Technology & Arts

In 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.

If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see …

Paradigms For Foreign Tech-Platforms Regulation: U.S. Options After The Tiktok Saga, Zhining Zhang

Washington Journal of Law, Technology & Arts

The heated discussion stirred up by the U.S. regulatory actions against TikTok continues to this day. The nearly predatory popularity of this Chinese application has raised people’s awareness that the country is in urgent need of a fully developed policy in order to deal with the surge of robust foreign digital platforms.

This article gives the contour of the latest development of theories regarding the foreign tech-platforms regulation. Three contemporary frameworks are reviewed. The first laissez faire paradigm inherits the values of early neoliberalism to prevent a “Splinternet,” but its inaction fails to deal with novel security threats ranging from …

Billboard Names Robert Meitus A Top Music Lawyer, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

For a musician, charting is generally perceived as a good thing. Whether it’s a national singles list like the Billboard Hot 100 or a local record store’s Top 10 of the Week, being listed among your peers can be rewarding. Robert Meitus is now on a chart of a different kind—Billboard magazine has just named him one of America’s “Top Music Lawyers” for 2023.

The Takings Clause Does Not Prevent The United States From Supporting A Patent Waiver At The Wto But Prevents Domestic Implementation Of The Waiver, Xiang Li

Washington Journal of Law, Technology & Arts

The Biden Administration announced its support for the initiative at the World Trade Organization (WTO) to suspend patent rights protections for COVID-19 vaccines, in the hope of providing equitable and affordable access to the vaccines to low-income countries. Since then, domestic pharmaceutical companies have been voicing vociferous opposition, claiming that “[e]liminating IP protections undermines our global response to the pandemic and compromises safety.”2 Passing a patent waiver at the WTO means eligible member countries can opt to free themselves from the obligations to enforce qualifying patents, and anyone within those countries can accordingly practice the patents without infringement liability. It …

Florida Institute Of Technology Ordered To Reinstate Men's Rowing After Title Ix Complaint, Emily J. Houghton, Erica J. Zonder

Human Performance Department Publications

In February 2023, the U.S. District Court in Florida issued a preliminary injunction in favor of six male student-athletes from Florida Institute of Technology who alleged that the university violated Title IX. The male student-athletes filed the lawsuit against Florida Institute of Technology (FIT) in 2022. The student-athletes claimed FIT violated Title IX when the university eliminated rowing and other programs.

It's About Time: An Analysis Of Name, Image, And Likeness Legislation In The United States, Taylor Henderson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Physical Sports Needing Virtual Boundaries? An Analysis Of Intellectual Property Issues Arising From Sport Nfts, Maeve Hyer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Cardozo Aelj Author Interview Series: Raven Berzal, Raven Berzal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Raven Berzal discusses her Note, Accelerating Toward the Inevitable: How Covid-19 Helped Alter Traditional Models of Talent Compensation in the Film Industry, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 17, 2023. The original post can be accessed via the Archived Link button above.

A New Order In A World In Motion: Brexit And Its Impact On The British Premier League, Walter Champion, Daniel Lee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Dealer's Choice: Pressuring The Ncaa To Allow Student-Athletes To Participate In Certain Gambling Activities, Amanda Daoud

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Place Your Bets: An Analysis Of Name, Image, And Likeness Deals With Barstool Sports, Stella Pratt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Cardozo Aelj Then And Now Interview Series: Emily Faro, Cardozo Law Class Of 2021, Emily Faro

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Emily Faro, Cardozo Law Class of 2021, is an Associate at Reed Smith. Emily’s practice focuses on entertainment and media, advertising, marketing, data privacy and security, and corporate transactions. Emily was a Staff Editor on Volume 38 of the Cardozo Arts & Entertainment Law Journal, and her Note, Entertainment Consolidation, Content Monopolies, and the Future of Information, was published in Volume 39, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Lauren Chamberlin, Lauren Chamberlin

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Lauren Chamberlin discusses her Note, Reconsidering a Private Right of Action Under VAWA: How the Media Portrays Violence Against Women and Its Effect on Commerce Clause Jurisprudence, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 07, 2023. The original post can be accessed via the Archived Link button above.

The Marathon Continues: Texas Nil Has Room To Grow, Johnathon Blaine

Texas A&M Journal of Property Law

College athletes are now permitted to profit off their name, image, and likeness. However, while a hodgepodge of different regulations exists state-by-state and Congress continues to drag its feet to pass a federal framework, Texas restricts college athletes from maximizing their name, image, and likeness earning potential. This Comment proposes improvements to Senate Bill 1385 that would allow college athletes in Texas to partner with the same categories of “taboo” products as their respective university and to endorse products from competing brands, provided such endorsement is outside of a university-sponsored event, with an exception allowing unrestricted endorsement of footwear. This …

Cardozo Aelj Author Interview Series: Cecily D’Amore, Cardozo Law Class Of 2022, Cecily D’Amore

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Cecily D’Amore discusses her Note, #FreeBritney: The Importance of Public Access to the Guardianship System, which was published in Volume 40, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.

Free Expression In Private Stadia: The Public-Private Nexus And The Reclamation Of Free Expression In Sport, Michael K. Park

UC Law SF Communications and Entertainment Journal

This Article examines how the degree of government and military entwinement with the private enterprise of sport may provide a sufficient nexus for state action, arming athletes with First Amendment protection they would otherwise not possess against private entities. It reviews sport’s historical and cultural ties to militarism and its venerated symbols before exploring the applicability of the theories of state action within the context of private stadia. Anchored by the symbiotic relationship theory, this Article analyzes how the interdependent relationship between the government/military and private sport enterprise may provide the mutual benefits necessary to establish a sports franchise as …

Border Search Rationales Ripe For Abuse, With Journalists Particularly At Risk, Bryan Sykes

UC Law SF Communications and Entertainment Journal

No abstract provided.

Note: Nft Art Heists: Analyzing Nfts Under U.S. Law And International Conventions On Art Theft, Kevin D. Brum

Notre Dame Journal on Emerging Technologies

The non-fungible token (“NFT”) is a type of digital asset that is usually associated with an image and has a unique identifier. An NFT cannot be copied or reproduced, and records of NFT transactions are stored on the blockchain. NFTs are a recent innovation and have swept the world by storm. NFT sales tripled from 2019 to 2020 and DappRadar—the premier platform for hosting decentralized NFT portfolio management applications—estimates that NFT sales hit twenty-five billion dollars in 2021. Many NFTs appear to be artistic works and, either individually or in a collection, can be given away for free, sold for …