Entertainment, Arts, and Sports Law Commons^™

Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman

Notre Dame Journal on Emerging Technologies

In an era of technological revolution, artificial intelligence is shocking the legal field with its increasing popularity, power, and potential. The limits of property, personhood, and creativity are in question by both the public and the courts, leaving significant ambiguities in the law. Legal standards regarding the regulation of advanced technologies have raised unique and critical substantive questions for intellectual property rights, particularly that of trademarks, where the traditional purpose is source identification between consumers and goods.

Since the 1989 holding in Rogers v. Grimaldi, the use of trademarks for creative purposes, as a matter of First Amendment jurisprudence, …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Gonzalez V. Google: Testing The Boundaries Of Section 230, Ohona Chowdhury

UC Law SF Communications and Entertainment Journal

No abstract provided.

Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis

Washington and Lee Journal of Civil Rights and Social Justice

On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …

Video Games And The First Amendment, Eli Pales

Northwestern Journal of Technology and Intellectual Property

The video game industry is massive, with an annual revenue of $180 billion worldwide; $60 billion of that in America alone. For context, the industry’s size is greater than that of the movie, book, and music industries combined. Yet, despite this market dominance, the video game industry is relatively new. Only in the 2011 decision of Brown v. Entertainment Merchants Association did the Supreme Court extend First Amendment protection to games. Still, the Court failed to define the scope of the game medium. As understood by an average person, a video game could be something as simple as Pac-Man or …

The Free Exercise Of Copyright Behind Bars, Viva R. Moffat

Washington and Lee Law Review

People in prison produce vast amounts of creative and expressive work—from paintings and sculptures to essays, novels, music, and NFTs—but they are rarely described as artists and their work is often not described as “art.” Prisoners also do not regularly take advantage of copyright law, the primary form of protection for creative works. They should.

Copyright provides a strong set of rights that combines strains of free expression values with elements of property rights. Copyright confers dignitary and expressive benefits and, for some creators, financial rewards. As such, copyright can be a tool to help prisoners improve their lives, both …

Legalized Sports Wagering In America, John T. Holden, Marc Edelman, Keith Miller

Cardozo Law Review

For twenty-five years, state legislative efforts to legalize, tax, and regulate sports wagering were forestalled by a federal law that disallowed new states from legalizing sports wagering. This freeze on new state-sponsored sports wagering ended abruptly on May 14, 2018, when the U.S. Supreme Court ruled in Murphy v. National Collegiate Athletic Ass'n that the Professional and Amateur Sports Protection Act violated the U.S. Constitution by impermissibly commandeering the states.

Since the U.S. Supreme Court's ruling in Murphy, there has been a rapid proliferation of legalized and regulated sports wagering throughout much of the United States. At present, thirty-five states …

Quantum Copyright Law: Schrödinger’S Cat, Banksy’S Shredder, And Art On The Edge, Richard Chused

Northwestern Journal of Technology and Intellectual Property

An object has been assembled by artists I know that presents a fascinating set of conundrums about the relationships between quantum physics, shredders, random surprises, the value of art, and copyright law. Seems fantastical, right? And so it is. The object of concern is a metal box a little under four feet tall, about eighteen inches deep, and a bit less than three feet wide. The box is welded together along all twelve of its edges. It has an opening across one side. And there is a small control panel on top.

Before the box was welded shut, a set …

The Ip Of Gaming Law, Cardozo Intellectual Property Law Society, Cardozo Gaming Law Society, Cardozo Fame Center

2023 Event Invitations

Join two Cardozo Alumni, Daniel Koburger ’17 from KBL Roche and Mikaela Gross ’16 from Take-Two Interactive Software, Inc., who will discuss the nuances of IP in Gaming Law as well as their career experiences. This panel will be moderated by Professor Victor Wang, Director of the Cardozo Patent Diversity Project and Acting Director of the Tech Startup Clinic.

Cardozo Invitational Negotiation On Entertainment, Media And Art Competition, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

Playmakers For Equality: Title Ix, Uswnt & Landmark Cases In Women's Soccer, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

Click here to view the event invitation.

Playmakers For Equality: Title Ix, Uswnt & Landmark Cases In Women's Soccer, Cardozo Fame Center, Cardozo Sports Law Society

2023 Event Invitations

Our distinguished panel will highlight the years of discrimination lawsuits and the fight for equal pay in women's soccer, which includes the recent $24 million settlement won by the U.S. Women's National Team. With the 2023 World Cup on the horizon, this event is not to be missed.

Moderator:

• Kim Turner, Director, Gender Equity Initiative at Positive Coaching Alliance

Panelists:

• Jeanifer Parsigian, Partner, Winston & Strawn, LLP
• Abby Greensfelder, Producer of LFG, Founder & CEO of Everywoman Studios
• Jayma Meyer, Counsel, Simpson & Thacher

Click here to view the flyer.

The Song Of Disputes: A Melody Of Intellectual Property And Alternative Dispute Resolution, Cardozo Fame Center, Cardozo Dispute Resolution Society

2022–2023 Flyers

No abstract provided.

The Rise And Regulation Of Sports Gambling, Cardozo Fame Center, Cardozo Startup Society, Cardozo Sports Law Society

2022–2023 Flyers

No abstract provided.

Cardozo Aelj Then And Now Interview Series: Marc H. Simon, Cardozo Law Class Of 2001, Marc H. Simon

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Marc H. Simon, Cardozo Law Class of 2001, is a Partner at Fox Rothschild who serves as the Chair of the firm’s Entertainment & Sports Law Department. During law school, Marc was a member of the Cardozo Arts & Entertainment Law Journal, and his Note was published in Volume 19.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 13, 2023. The original post can be accessed via the Archived Link button above.

Artificial Intelligence And The Future Of Law, Cardozo Startup Society, Cardozo Fame Center, Cardozo Law And Data Science Society

2022–2023 Flyers

No abstract provided.

Fashion, Beauty And Retail, Cardozo Fame Center, Cardozo Fashion Law Society

2022–2023 Flyers

Cardozo's FAME Center and Fashion Law Society present a panel on mergers and acquisitions in the fashion industry.

Panelists:

• Claudine Meredith-Goujon (IP Partner at Paul, Weiss)
• Laura Turano (Corporate Partner at Paul, Weiss)

Name, Image, Likeness: The Evolution Of College Athletics, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

No abstract provided.

Name, Image, Likeness: The Evolution Of College Athletics, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center, Cardozo Sports Law Society

2023 Event Invitations

The Cardozo Arts & Entertainment Law Journal is pleased to host our spring symposium: “Name, Image, Likeness: The Evolution of College Athletics.” This symposium will bring together leading scholars and practitioners to discuss the current state of “NIL,” emerging legal and policy issues, and the future of the right to publicity law for college athletes. The event will consist of a keynote address followed by two moderated panels. Professor Andrew Zimbalist will begin the event with a keynote address where he will provide an overview of “NIL,” discussing where it came from, what it is turning into, and where it …

Privatizing Copyright, Xiyin Tang

Michigan Law Review

Much has been written, and much is understood, about how and why digital platforms regulate free expression on the internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the internet—expression that makes use of others’ copyrighted content. While § 512 of the Digital Millennium Copyright Act regulates user-generated content incorporating copyrighted works, just as § 230 of the Communications Decency Act regulates other user speech on the internet, it is, in fact, rarely used by the largest internet platforms—Facebook and YouTube. Instead, as this Article details, creative speech …