Entertainment, Arts, and Sports Law Commons^™

Re-Striping: Predatory Trademarks And Common Signs, Lior Zemer, Or Morag, Yochai Rosner

Cardozo Arts & Entertainment Law Journal

Trademark laws were traditionally designed based on the belief that there was an infinite supply of eligible registrable signs. However, current studies show that trademark supply is finite, and that we are close to exhausting it. While trademark protection allows proprietors to distinguish between their goods or services from others, and allowing the public to do the same, the extent of such protection requires constant legal attention and reconsideration which, as contemporary trademark policies show, does not take place in the expected frequency.

One of the immediate consequences from this lack of attention is the rapid growth in strength of …

Should The Ncaa Be Subject To Title Ix?, Sarah Allen

Cardozo Arts & Entertainment Law Journal

The note argues that the National Collegiate Athletic Association (NCAA) should be held accountable under Title IX of the Education Amendments of 1972, despite its current exemption, due to its significant role in college athletics and the persistent gender disparities in treatment of male and female athletes. It advocates for overturning the Supreme Court's decision in NCAA v. Smith to bring the NCAA under Title IX purview.

Net Positive: Imposing A Duty To Warn On Baseball Stadium Operators, Eric Rothman

Cardozo Arts & Entertainment Law Journal

The note argues that the Baseball Rule, which shields stadium operators from liability for foul ball injuries if they provide minimal protections, is outdated and inadequate given modern conditions. It proposes modifying the rule to include a duty to warn spectators of each foul ball as it is hit, drawing on Japan's successful implementation of a real-time warning system. This approach balances spectator safety with the preservation of baseball's unique fan experience.

Name, Image And Likeness: Giving College Athletes The Clearest Guidance To Best Profit Off Their Nil, Scott Semaya

Cardozo Arts & Entertainment Law Journal

The note argues that the Supreme Court's decision in NCAA v. Alston has created a legal and regulatory void by invalidating the NCAA's restrictions on student-athletes' ability to profit from their name, image, and likeness (NIL). While the ruling opened the door for student-athletes to earn compensation, it left unresolved questions about the scope and enforcement of NIL rights. The lack of federal legislation has led to a patchwork of state laws, causing confusion and inequities for student-athletes, schools, and the NCAA. The note advocates for immediate federal intervention to establish uniform guidelines and level the playing field, while also …

Keynote Address, Andrew Zimbalist

Cardozo Arts & Entertainment Law Journal

The article examines the evolution of name, image, and likeness (NIL) policies in college athletics, highlighting the legal, economic, and educational implications of allowing college athletes to profit from their NIL. It argues that while recent legal cases and state legislation have expanded NIL rights, the lack of enforceable guardrails has created a chaotic system dominated by booster collectives, exacerbating financial and equity issues in college sports. The analysis critiques the NCAA's ineffective oversight and advocates for congressional intervention to establish a national framework addressing these challenges.

Panel 1: Race, Gender & Equity, Len Elmore, Jo Potuto, Kassandra Ramsey, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution of Name, Image, and Likeness (NIL) rights in college athletics, focusing on the challenges these rights present for race, gender, and equity. It highlights the need for legal and regulatory reforms to address disparities in NIL opportunities and ensure equitable treatment of student-athletes.

Pay No Attention To The Influencer Behind The Curtain, Eliza Logan

Cardozo Arts & Entertainment Law Journal

The note argues that the Federal Trade Commission (FTC) must strengthen its regulation of social media influencers, particularly on platforms like Instagram, due to their significant influence on consumer behavior and the potential for deceptive marketing practices. It emphasizes that influencers should be held accountable similarly to advertising agencies, as their unique ability to build trust and authenticity with followers makes their endorsements more impactful than traditional advertising.

Inside Out, Upside Down: Circuit Court Confusion Over Character Copyrightability, Caitlin E. Oh

Emory Law Journal

Enormous amounts of new content are posted on social media every day. Ordinarily, if a work is original and created by the author, the work is automatically protected under copyright without the need for registration. However, in recent years, copyright protection has become difficult to obtain for one type of expression: fictional characters.

Today, characters hold immense cultural significance. For some, characters provide an escape from reality, entertainment, and, in some cases, a blueprint to which one can aspire. For entertainment studios, characters hold immense economic value. If a character is popular—holding cultural significance—a studio might create a prequel or …

Finding Another Way: The Ncaa’S Regulation Of Nil And Recruiting, Alfred C. Yen

Oklahoma Law Review

No abstract provided.

Promoting Female Sporting Opportunities Without Title Ix: The Spanish Experience, Stephen Ross, Maria Josefa Garcia Cirac

Faculty Scholarship

This article compares the American approach to improving sporting opportunities for females – Title IX – with approaches taken by Spain. Because of the singular American dedication to elite interscholastic and intercollegiate sports, Title IX’s requirement of equal treatment requires that elite female athletes have equivalent opportunities to elite male athletes. The Spanish approach looks instead on the social benefits of athletics participation for boys, men, girls, and women.

Name, Image, And Likeness Rights In College Sports: Evaluating Year One Of Much Overdue Reforms, Marc Edelman

Oklahoma Law Review

No abstract provided.

Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson

Oklahoma Law Review

No abstract provided.

A Fine Mess: The Ncaa, The Collegiate Model, And The Post-Alston World, Josephine (Jo) R. Potuto

Oklahoma Law Review

No abstract provided.

Ncaa V. Board Of Regents 2.0: Potential Antitrust Law Claims Arising From The Ncaa’S Regulation Of College Athletes’ Nil, Alicia Jessop, Esq.

Oklahoma Law Review

No abstract provided.

The Collective Conundrum, John T. Holden, Thomas A. Baker Iii, Joanna Wall Tweedie

Oklahoma Law Review

No abstract provided.

Nil: The Title Iv Financial Aid Enigma, Kathryn Kisska-Schulze

Oklahoma Law Review

No abstract provided.

The Ncaa’S Challenge In Determining Nil Market Value, Meg Penrose

Oklahoma Law Review

No abstract provided.

Influencing “Kidfluencing”: Protecting Children By Limiting The Right To Profit From “Sharenting”, Charlotte Yates

Vanderbilt Journal of Entertainment & Technology Law

Statistics on children’s digital presences are staggering, with an overwhelming majority of children having unique digital identities by age two. The phenomenon of “sharenting” (parents sharing content of their children on social media) can start as early as a sonogram photo or a birth video and evolve into parent-run Instagram and TikTok accounts soon after. Content is often intimate, sometimes embarrassing, and frequently shared without children’s consent. Sharenting poses a myriad of risks to children including identity theft, digital kidnapping, exposure to child predators, emotional trauma, and social isolation. In the face of such significant risks to children’s well-being, one …

Keeping It Real: Property Analogies For Graffiti Infringement, Shelby Pickar-Dennis

University of Colorado Law Review

No abstract provided.

Rolling The Dice On The Legality Of Gambling Devices: Why "Purpose" Has A Purpose, Stevie Holbrook

Cleveland State Law Review

Section 1955 of the United States Code (“Section 1955”), the federal law detailing prohibition on illegal gambling businesses, renders a defendant susceptible to prosecution if they are found to have violated the respective state’s gambling law and have a certain amount of people involved for a certain length of time. Today, the Sixth Circuit has identified Section 1955 as a general intent statute where it need not be shown that a defendant acted willfully in terms of intentionally violating state law. However, Ohio’s state gambling law has been interpreted as a specific intent statute that requires a purposeful act and, …