Entertainment, Arts, and Sports Law Commons^™

The Power And Failure Of Fifa To Be A Force For Lgbtq And Human Rights, Issac Gamboa

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The FIFA World Cup began in November, and with it, the attention of an anticipated three billion viewers turned to this year’s host nation Qatar. Qatar is the first Middle Eastern country to host the event and has spent billions of dollars to quickly build the infrastructure necessary to host the tournament. But as Qatar worked to improve its infrastructure for the tournament, concerns over the host nation’s discriminatory laws against the LGBTQ community caused many to wonder how the strictly religious Arab country could accommodate such a diverse fanbase.

This post was originally published on the Cardozo Arts & …

Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten

SLU Law Journal Online

Freeports, special zones that offer favorable tax policies to goods being housed therein, are quietly and quickly becoming a favored investment tactic used by the ultra-wealthy. In this article, Charles F. Whitten discusses how freeport expansion threatens to unravel international efforts to combat tax avoidance and money laundering.

Netflix Copyright Lawsuit Results In Final Curtain For “Unofficial Bridgerton Musical.” Could Other Fanworks Be Next?, Madeleine Higgs

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Shortly after the first season of the Netflix television show Bridgerton debuted, another project began. Struggling musician Abigail Barlow found inspiration in the show, which she felt had an inherent quality that lent itself perfectly to a Broadway-style musical. After a clip of herself singing a Bridgerton-inspired song went viral on TikTok, Barlow teamed up with fellow musician Emily Bear, and the work to create a full album based on the show began in earnest. Hype continued to build throughout the songwriting process, as Barlow and Bear’s songs amassed roughly thirty-six million likes on TikTok, and before long, the album …

Intro To Sports Law With Hogan Lovells, Cardozo Sports Law Society, Cardozo Fame Center

2022 Event Invitations

Learn from experienced attorneys at Hogan Lovells about different legal paths relating to sports and how to combine passion with Big Law.

Speakers include:

• Michael J. Kuh, Partner, Corporate & Finance
• Jimmy McEntee, Associate, Arbitration and Employment
• Danielle Litwak, Associate, Corporate & Finance
• C.J. Harrinton, Sports and M&A Associate

Opening remarks by: Matthew E. Eisler, Partner and Global Head of Sports

Moderated by: Dean Rosenberg, President of the Cardozo Sports Law Society

Click here to view the flyer.

Intro To Sports Law With Hogan Lovells, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

Click here to view the event invitation.

Automatic Takedowns: How Contentid Has Changed Copyright Enforcement, Cardozo Fame Center, Cardozo Entertainment Law Society, Cardozo Intellectual Property Law Society

2022–2023 Flyers

No abstract provided.

Russell Yavner, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

The Cardozo Sports Law Society and FAME Center are honored to have Russell Yavner speak about his fascinating legal career in the sports industry.

The Pga Tour V. Liv Golf: The Antitrust Case, Alexandria Ciadrullo

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There has been controversy in the world of professional golf over recent months with the emergence of LIV Golf. Funded by Saudi Arabia’s Sovereign Wealth Fund, LIV has undergone criticism for being a tool used to “sportswash” Saudi Arabia’s terrible human rights record and improve the image of the Kingdom. Despite these critiques, LIV has managed to entice ten of the world’s top-fifty golfers by offering hundreds of millions of dollars in guaranteed money.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2022. The original post can be accessed via the …

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022 Event Invitations

Where are we in labor law and how did we get here? Why is labor relations so litigious in sports? What is contributing to the uptick in unionization efforts at Starbucks and Amazon, among others? Join us to hear our distinguished panel discuss current developments and labor law disputes from a historical perspective.

Panelists include National Labor Relations Board (NLRB) Member Gwynne A. Wilcox, Professor of Practice David J. Weisenfeld, and Former Adjunct Professor Dan Silverman, who held various positions at the NLRB including Regional Director in Manhattan and Acting General Counsel. Professor David Rudenstine will moderate the conversation.

Click …

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

Click here to view the event invitation.

Buyer Beware: Avoiding Pitfalls When Buying Fine Art, Gerard Ng, Vincent Ooi

Research Collection Yong Pung How School Of Law

Our article introduces the reader to crucial concepts such as provenance, authenticity and ownership of fine art. It explains how one can check the established art databases and registers to conduct due diligence searches.We also explain the importance of a written contract for both buyers and sellers. The current common practice of transacting without a written contract can lead to considerable difficulties if issues with the artwork are discovered in the future.At the minimum, a contract should make it clear that the seller has the full responsibility for the accuracy of the provenance, particularly in cases where the artwork has …

The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow

William & Mary Law Review

In June 2021, a unanimous U.S. Supreme Court issued its eagerly anticipated decision in National Collegiate Athletic Association v. Alston, ruling for the first time that NCAA rules governing student-athlete eligibility are subject to full scrutiny under federal antitrust law. Although the immediate impact of the Alston decision was rather modest—merely requiring the NCAA to allow its schools to compete by offering prospective players education-related benefits such as laptop computers and stipends for future graduate-level study—the Court hinted that it was prepared to extend the logic of this ruling much further, calling into question the legality of the NCAA’s …

Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden

BYU Law Review

Legal sports wagering has been rapidly expanding across the United States since 2018. In the wake of the Supreme Court's Murphy decision, more than twenty five states have legalized sports betting and billions of dollars have followed the cascades of legalization. As the legal market continues to grow, professional sports leagues have been quick to embrace the regulated expansion, but the National Collegiate Athletic Association (NCAA) has not changed their steadfast opposition. Despite the NCAA's vehement opposition, the organization has seemed to gain little traction in getting states to either wholly exclude wagering on collegiate sports or getting the federal …

The Supreme Court Gets The Ball Rolling: Ncaa V. Alston And Title Ix, Arianna Banks

Northwestern University Law Review

Student-athlete compensation has been a consistent topic of controversy over the past few years, as critics question the legitimacy of the NCAA’s notion of amateurism and proponents favor the status quo. The Supreme Court decision in NCAA v. Alston has only served to intensify the debate, opening the door to alternative compensation structures. Despite a unanimous ruling in favor of the athletes, the limited holding of the case has only produced further questions. In his scathing concurrence, Justice Kavanaugh raises one such question: how does a student-athlete compensation structure comply with Title IX? This Comment seeks to address that question …

Ed Sheeran Copyright Victory Highlights Issues In The Music Industry, Shayna Grife

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ed Sheeran won a copyright infringement lawsuit filed against him for alleged copyright infringement in his popular song “Shape of You” in 2018.The Grammy-winning song, which also holds the title of the most streamed song on Spotify, was accused of being too similar to “Oh Why” by Sami Switch. The lawsuit raised questions for the music industry as to the issues associated with the increase of copyright infringement suits and the damaging effects that they may have on the music industry.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 4, 2022. The …

Labeling “The Last Prisoners:” New Legislation Requires New York Museums To Identify Nazi-Looted Artwork, Stephanny Avshalomov

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

“[S]he walked through the apartment and she turned to the SS men and she said, ‘Ich habe gernes. Alles.’ – ‘I like it. All of it.’ … they took everything out of [ ] our house.” The “greatest art theft in history” was executed alongside the largest mass murder in history. In 1940, Hitler established the Einsatztab Reichsleither Rosenberg (ERR) solely to confiscate and destroy art in German-occupied territories. When discussing the Holocaust, which included the grueling systematic annihilation of European Jews, the importance of artwork seems trivial. It, however, must be recognized: “You can wipe out an entire generation, …

Unintended Repercussions: Copyright Termination And The Punitive Effect Of § 203(A)(3) On The Rights Of Creators, Loren E. Mulraine

Law Faculty Scholarship

This article examines the unintended consequences of the copyright termination provisions under the Copyright Act of 1976, focusing specifically on the restrictive five-year termination window set forth in 17 U.S.C. § 203(a)(3). While Congress intended termination rights to rebalance bargaining power between authors and corporate transferees—particularly in industries such as music publishing and recording—the statutory framework has, in practice, imposed procedural burdens that frequently operate to the detriment of creators. Through historical analysis of U.S. copyright law, including the bifurcated renewal structure of earlier statutes and the legislative development of modern termination rights, the article argues that § 203’s rigid …

Patching Up Problems: The Predicted Impact Of The Music Modernization Act's Random Judicial Assignment On Public Performance Licensing Rates, Lindsay Meisels

Loyola of Los Angeles Entertainment Law Review

As emphasized by the European Commission Vice President for the Digital Single Market, “the way people enjoy culture and entertainment has completely changed- and this is good. But it is important that we don’t leave creators in the cold.” In response to pleas from songwriters, publishers and performing rights organizations (“PROs”) to allow free-market bargaining for public performance licenses of the PROs’ members’ musical compositions, the unanimously passed Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“MMA”) was signed into law on October 11, 2018. Title I of the MMA, the Musical Works Modernization Act (“MWMA”), strives to alleviate several concerns …

Sohm Starz Will Never Align: How The Split Between The 2nd And 9th Circuits Will Impact Damages In Copyright Cases, Candace Sundine

Loyola of Los Angeles Entertainment Law Review

The Second Circuit and the Ninth Circuit are currently divided on the issue of how far back a copyright owning plaintiff in a copyright infringement can collect in damages against a continuing infringer. The Second Circuit states that the Copyright Act’s three-year statute of limitations and the discovery rule only permit plaintiffs to collect damages three years back from the date they bring their infringement action. However, the Ninth Circuit states that the three-year statute of limitations is only concerned with the timing in which a plaintiff brings her infringement action, and that she can recover all of the damages …

Assessing The Racial Implications Of Ncaa Academic Measures, Timothy Davis

William & Mary Journal of Race, Gender, and Social Justice

In 1983, the NCAA’s adoption of heightened initial eligibility standards for incoming intercollegiate athletes was met with applause and criticism. Proponents lauded the measure as a legitimate means of restoring academic integrity within intercollegiate athletics. Opponents questioned whether seemingly racially neutral eligibility standards had a disproportionately negative impact on African American athletes. It is against this backdrop that the Article examines the racial implications of the NCAA’s past and present academic standards.

These standards consist of initial eligibility rules, progress-toward-degree requirements, the graduation success rate, and academic progress rate, the latter two of which comprise the NCAA’s Academic Performance Program. …