De-Gentrified Black Genius: Blockchain, Copyright, And The Disintermediation Of Creativity,
2022
Pepperdine University
De-Gentrified Black Genius: Blockchain, Copyright, And The Disintermediation Of Creativity, Tonya M. Evans
Pepperdine Law Review
In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase “gentrifying our genius” to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically condemned racial discrimination and cultural misappropriation. This Article chronicles the nefarious history of the creative disempowerment of creators of color and then imagines an empowering future for those who successfully exploit their creations by fully leveraging copyright ownership and transfer termination. To that end, I reference the considerable scholarship of Professor …
Reflections On Music Copyright Justice,
2022
Pepperdine University
Reflections On Music Copyright Justice, Peter S. Menell
Pepperdine Law Review
The digital revolution has upended many aspects of the copyright system, particularly as it relates to music. Drawing on creative, jurisprudential, technological, and social science insights, this article explores the broad range of music copyright justice concerns, ranging from file sharing to royalty distribution, copyright infringement standards, and the creation of music mashups.
Thieves In The Temple: The Scandal Of Copyright Registration And African- American Artists,
2022
Pepperdine University
Thieves In The Temple: The Scandal Of Copyright Registration And African- American Artists, Kevin J. Greene
Pepperdine Law Review
Copyright registration is the currency of copyright transactions in music, film, and television and is essential for pursuing infringement claims and ownership disputes. Despite copyright registration’s outsized reach across the copyright spectrum and importance to the copyright industries, the U.S. Copyright Office does not verify claims of copyright authorship or ownership. No express mechanism exists to challenge false copyright registrations in the Copyright Office, and the penalties for falsely claiming copyright authorship are paltry in comparison to the potential gains. This Article contends that lax copyright registration standards call into question the legitimacy of the registration system and that the …
A Roadmap For Suing The Nfl: How San Diego Taxpayers Are Using St. Louis’ Success As A Plan In Their Own Suit Over Relocation, And Will It Pay Off?,
2022
Saint Louis University School of Law
A Roadmap For Suing The Nfl: How San Diego Taxpayers Are Using St. Louis’ Success As A Plan In Their Own Suit Over Relocation, And Will It Pay Off?, Allison Frisella
SLU Law Journal Online
Last year, the city of St. Louis forced an unprecedented settlement against the Rams, Stan Kroenke, and the National Football League over relocation of the Rams. In this article, Allison Frisella covers how St. Louis' lawsuit can be used as a successful "roadmap" to sue the NFL, and how recent lawsuits filed by San Diego Taxpayers over relocation of the Chargers did just that. The article evaluates the claims made by St. Louis, how San Diego Taxpayers used similar claims in their complaints against the league, and if their successes will be the same as St. Louis.
Masthead,
2022
UC Law SF
Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech,
2022
UC Law SF
Digital Wild West: Foreign Social Media Bans, Data Privacy, And Free Speech, Tiange (Tim) Chen
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Fiction Of Nfts And Copyright Infringement,
2022
California Western School of Law
The Fiction Of Nfts And Copyright Infringement, Emily T. Behzadi
Faculty Scholarship
In the first quarter of 2021, the sales of art in the form of Non-Fungible Tokens (“NFTs”) reached over $200 billion dollars. The arrival of NFTs in the mainstream art market has profoundly shaped the way artists exploit their works. This sensational boom has attracted some of the world's biggest names across pop culture and sports, including celebrities such as Snoop Dogg, Paris Hilton, Post Malone, Tom Brady and Rob Gronkowski, to create their own NFT art. Director Quentin Tarantino has also capitalized on this craze through the creation of an NFT collection based on the film Pulp Fiction. However, …
The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression,
2022
UC Law SF
The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression, Matthew D. Bunker, Emily Erickson
UC Law SF Communications and Entertainment Journal
No abstract provided.
From Utilitarianism To Fordism: How Americans Brought The Panopticon Home,
2022
UC Law SF
From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe
UC Law SF Communications and Entertainment Journal
The COVID-19 pandemic forced many not considered essential employees into their homes. Many employers worried about employee accountability, leveraged surveillance techniques to maximize employee performance and ensure productivity. These technologies include screen monitoring software, video recordings of employees within their homes, monitoring of social media, and typing efficiency. While employees continue to work outside of the office, private employers will increasingly monitor employees in spaces traditionally considered private—including the home. As private and public life spheres continue to overlap, privacy for workers may erode. What kinds of surveillance have employees experienced in their homes since the Covid-19 lockdown orders? Moreover, …
Cut! . . . Out Of Credit Arbitration The Case For Giving Hollywood Directors A Formalized Dispute Resolution Procedure For Conflicts Of Attribution, Madeline Giles
UC Law SF Communications and Entertainment Journal
No abstract provided.
Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study,
2022
Benjamin N. Cardozo School of Law
Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich
Cardozo International & Comparative Law Review
The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.
Home Field Advantage: Is “The Supreme Court Of Sport” Independent?,
2022
Loyola Marymount University and Loyola Law School
Home Field Advantage: Is “The Supreme Court Of Sport” Independent?, Jakob S. Weitz
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
25 Years Of Section 230: Retain, Reform, Or Repeal?,
2022
Yeshiva University, Cardozo School of Law
25 Years Of Section 230: Retain, Reform, Or Repeal?, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center
2021–2022 Flyers
No abstract provided.
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022,
2022
Roger Williams University
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Title Ix Sex Discrimination & Negligence Lawsuit Against Fargo Public School District & The Board Of Education Partially Dismissed,
2022
Minnesota State University, Mankato
Title Ix Sex Discrimination & Negligence Lawsuit Against Fargo Public School District & The Board Of Education Partially Dismissed, Emily J. Houghton
Human Performance Department Publications
Brian and Jennifer Berg filed a lawsuit as individuals and on behalf of their daughter Regan against the Fargo Public School District (FPSD) and the Board of Education in the City of Fargo in 2021. They argued that Regan faced sex discrimination, deliberate indifference under Title IX, the FPSD Handbook and negligence from FPSD following an alleged sexual assault by a male student off-campus.
It's Not Child's Play: A Regulatory Approach To Reforming American Youth Sports,
2022
American University
It's Not Child's Play: A Regulatory Approach To Reforming American Youth Sports, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
Introduction The American youth sports industry has become an economic behemoth, totaling roughly $19 billion in annual revenue. This revenue outpaces National Football League (NFL) revenue by several billion dollars and is more than double the revenue earned by the National Basketball Association and the National Hockey League, combined. The Covid-19 pandemic limited sport on all levels in 2020 and, to a lesser extent, in 2021, and the economic effects thereof will certainly stretch forward into succeeding years. However, as the nation overcomes the virus and children return in full numbers to gyms, fields, tracks, and rinks, youth sports will …
Copyright's Deficit: Technology, Modern Consumer Preferences, And The Music Marketplace,
2022
Brooklyn Law School
Copyright's Deficit: Technology, Modern Consumer Preferences, And The Music Marketplace, Taylor A. Collins
Pace Intellectual Property, Sports & Entertainment Law Forum
While it is clear, and arguably has been for the last five years, that paid subscription streaming is the future of the music industry, the law has failed to keep pace with “modern consumer preferences and technological developments in the music marketplace.” The Music Modernization Act of 2018 (MMA), which amends the U.S. copyright law, 17 U.S.C., is Congress’s effort to keep pace with the music industry by fixing our cumbersome and inefficient music licensing system. The MMA is a step in the right direction, but it falls short of Congress’s goal. Focusing on Title I of the MMA—the Music …
Is The Biggest Offer The Best Offer?,
2022
South Texas College of Law Houston
Is The Biggest Offer The Best Offer?, Alyssa Croft
Pace Intellectual Property, Sports & Entertainment Law Forum
Many people strive to be professional athletes because of the respect and accomplishment it receives. You make a lot of money, it can be glamorous, you are in commercials and magazines, and sometimes even movies. However, there are some things people do not think about when it comes to professional athletes. One of the biggest is taxation! There are so many different things athletes must think about and do because of taxes so they can take home the most amount of money possible. Athletes must be careful about who they hire to help them with their taxes because they want …
The Minor Leagues Strike Out: The Legal Issues Arising From Leaving Certain Minor League Teams On The Bench In Major League Baseball's Revamped Minor League System,
2022
Cleveland State University College of Law
The Minor Leagues Strike Out: The Legal Issues Arising From Leaving Certain Minor League Teams On The Bench In Major League Baseball's Revamped Minor League System, Jakob Siegfried
Et Cetera
Minor league baseball is an essential part of the sport of baseball. However, Major League Baseball has forever changed the sport through its reorganization of the minor leagues. As part of this reorganization plan, forty-three minor league teams lost their affiliation to the major leagues. MLB has justified this plan by stating they want to improve working conditions for minor leaguers by improving stadium facilities and travel conditions. Still, losing an affiliation is a major blow to teams financially, and minor league team owners had little power to stop the reorganization plan from happening because of the imbalance of power …
The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice,
2022
Northwestern Pritzker School of Law
The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones
Northwestern University Law Review
Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …
