Entertainment, Arts, and Sports Law Commons^™

Copyright Neutrality? Lessons From Mein Kampf, Michal Shur-Ofry, Noy Lion

Cardozo Arts & Entertainment Law Journal

This Article explores the copyright story of Hitler's Mein Kampf over the past century and uses this case study to shed new light on one of copyright's foundational doctrines: the principle of copyright neutrality. Relying on primary archival materials from German archives, combined with legal proceedings from the 1930s onwards, secondary historical sources, and in-depth interviews, we trace the copyright trails of Mein Kampf across several jurisdictions and periods of time. This intricate inquiry unravels the surprisingly central role that copyright played in spreading the Nazi ideology and illuminates a structural imbalance within the neutrality principle, which may legitimize and …

Panel 1: Sexual Exploitation, Sex Workers, And Section 230, Mary Graw Leary, Kendra Albert, Carrie Goldberg, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article examines the implications of Section 230 of the Communications Decency Act, focusing on its impact on sexual exploitation, sex workers, and online speech. Panelists discuss the unintended consequences of legislative changes like FOSTA-SESTA and propose reforms such as the EARN IT Act to address child sexual abuse material (CSAM). They emphasize the need to balance protecting victims with safeguarding legitimate speech, particularly for marginalized communities, and advocate for comprehensive reforms rather than piecemeal changes.

The Need For Adopting Mass Arbitration Waivers In The Online Sports Betting Industry, Samuel Ditchek

Cardozo Journal of Conflict Resolution

FanDuel and DraftKings, two ascending corporate powerhouses, have been the driving force in online sports betting's surge in popularity. Akin to other online services, both of these providers have featured/currently feature binding arbitration clauses that compel users to settle disputes through arbitration. Though their Terms of Use resemble typical consumer contracts, FanDuel and DraftKings have made a costly error in failing to account for mass copycat arbitration actions. These types of actions are avenues for large groups of consumers to individually file arbitration claims in order to force a settlement. Without the intention of actually pursuing their arbitration claims, consumers …

Mechanical Licenses And The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates In A Vacuum Of Knowledge, Natalie Linn

Student Articles & Notes

No abstract provided.

Fourth Amendment Issues And Covid-19 Tracking, Brooke A. Banks

Cardozo Arts & Entertainment Law Journal

The note argues that the special needs doctrine does not justify warrantless government access to cell site location information (CSLI) for COVID-19 tracking, as individual privacy interests outweigh public health benefits. It advocates for voluntary, privacy-protective measures, such as opt-in apps, to balance privacy and pandemic response.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 40 (2022-23)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 40, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Uncovering Patent Prosecution: An Obvious(Ness) Negotiation, Orit Fischman-Afori, Yifat Nahmias, Iris Soroker

Cardozo Arts & Entertainment Law Journal

Because a patent is a license for a monopoly affecting the public good, the process of patent prosecution deserves close scrutiny. Yet, significant aspects of this process remain unexplored. In particular, two central thresholds for patent eligibility, "novelty" and "nonobviousness," regarded as the bedrock of patent law worldwide, have rarely been examined on an empirical basis. Investigating how these requirements are invoked during the patent prosecution process is critical to understanding how the application of patent law's central tenets affects the quantity and quality of the resulting patents and, ultimately, the public interest.

In this empirical study, we examine a …

Autumn Is Coming: A Novel Liability Theory That May Kill Pharmaceutical Evergreening, Uri Y. Hacohen

Cardozo Arts & Entertainment Law Journal

Pharmaceutical evergreening-attempts by brand-name manufacturers to leverage patent rights to artificially extend legal protection for drugs-is among the most pressing and unresolved public policy challenges of our time. On July 14, 2021, in Sanofi et al. vs. Unipharm Ltd., the Israeli Supreme Court adopted a novel and internationally unprecedented legal policy to combat the evergreening pandemic. By using its equitable powers, the Israeli court empowered a generic manufacturer, Unipharm, to claim on behalf of the public interest the wrongly obtained monopoly profits that a brand-name manufacturer, Sanofi, obtained by improperly leveraging its improvement patent to impair generic market entry. This …

Strengths And Weaknesses Of Notice And Consent Requirements Under The Gdpr, The Ccpa/Cpra, And The Fcc Broadband Privacy Order, Scott Jordan

Cardozo Arts & Entertainment Law Journal

We compare the notice and consent requirements of the three recent privacy regulations that are most likely to serve as the starting points for the creation of a comprehensive consumer privacy bill in the United States: the European General Data Protection Regulation, the Calfornia Consumer Privacy Act/California Privacy Rights Act, and the Federal Communications Commission's Broadband Privacy Order. We compare the scope of personal information under each regulation, including the test for identifiability and exclusions for de-identified information, and identify problems with their treatment of de-identified information and of pseudonymous information. We compare notice requirements, including the level of required …

Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir

Cardozo Arts & Entertainment Law Journal

Section 230 of the Communications Decency Act, a foundational law enabling the modern internet, is under threat despite its critical role in protecting online platforms from liability for user-generated content. The article argues that Section 230 is essential for promoting free speech and innovation, as its repeal would force platforms to censor content to avoid liability, fundamentally altering the internet. Critics often misunderstand the law, and bipartisan attacks jeopardize its future, risking the unravelling of the internet as we know it.

Keynote Address, Christopher J. Buccafusco, Jeff Kosseff

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution and impact of Section 230 of the Communications Decency Act, highlighting its role in shaping internet speech and liability. It traces the law's origins, key court rulings, and current debates about its future. The speaker emphasizes the need for informed discussion to address concerns about harmful content, platform moderation, and free speech.

Enhancing The Ftc's Consumer Protection Authority To Regulate Social Media Companies, Paul M. Barrett, Lily Warnke

Cardozo Arts & Entertainment Law Journal

The article argues that Congress should enhance the Federal Trade Commission's (FTC) consumer protection authority to regulate social media companies, focusing on procedural oversight rather than substantive content moderation. It proposes that the FTC ensure social media platforms maintain adequate content moderation systems, disclose algorithmic practices, and comply with transparency requirements, all while respecting First Amendment protections. The authors advocate for legislative reforms to clarify the FTC's role in addressing harmful content and to amend Section 230 of the Communications Decency Act to limit liability protections for certain harmful activities.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Special Issue

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel 2: Should The British Museum Return The Collection To Athens?, Michael Mccullough, Irini Stamatoudi, Elizabeth Marlowe, Kris Tytgat

Cardozo Arts & Entertainment Law Journal

The article challenges the notion that the Parthenon Marbles constitute a unique case for repatriation, arguing that this claim is both factually inaccurate and ethically problematic. It contends that framing the Parthenon Marbles as an exceptional case undermines broader efforts toward decolonization and restorative justice, as it dismisses solidarity with other formerly colonized nations seeking the return of their cultural heritage. The article advocates for a systematic approach to repatriation, emphasizing ethical obligations and the need for museums to adopt principles of restitution grounded in collaboration and equity.

Panel 3: The Universal Museum Myth, Irini Stamatoudi, Patty Gerstenblith, Elena Korka, Joe Baker

Cardozo Arts & Entertainment Law Journal

The article critiques the concept of the "universal museum," arguing that it often justifies the removal of cultural heritage from its origin communities under the guise of public education and universal access. The discussion emphasizes the ethical and legal issues surrounding colonial-era acquisitions and advocates for a shift towards restitution and collaboration with source communities to address historical injustices.

Panel 4: Cultural Property And International Human Rights Trends, Sandy Cobden, Leila Amineddoleh, Kristen A. Carpenter, Lawrence Kaye

Cardozo Arts & Entertainment Law Journal

The article examines the challenges and trends in recognizing the human rights dimension of cultural property claims, particularly for Indigenous Peoples. It highlights the intersection of social, ethical, and legal dynamics in repatriation efforts, emphasizing the need for international cooperation and the development of effective mechanisms to address these claims. The analysis underscores the importance of considering Indigenous Peoples' laws, traditions, and customs in repatriation processes and advocates for diplomatic approaches over litigation.

A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova, Kristen A. Carpenter

Cardozo Arts & Entertainment Law Journal

The article argues that current legal frameworks for repatriating cultural property, such as the 1970 UNESCO Convention, are insufficient because they are state-centric and fail to address the rights and interests of Indigenous Peoples. It advocates for a human rights approach, emphasizing the UN Declaration on the Rights of Indigenous Peoples, to remedy past injustices and ensure the repatriation of sacred objects like the Yaqui Maaso Kova. This approach prioritizes Indigenous Peoples' rights to religion, culture, and self-determination over state interests.

Assessing Amateurism In College Sports, Casey E. Faucon

Articles

College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes-85 percent of whom live below the poverty line-receive a share of zero. For over a century, we've justified this exploitative distribution scheme under a cloak of student-athlete "amateurism." Antitrust challenges to the NCAA's amateurism rules clash with the assumption that "amateurism" is a revered tradition and an important tenet …

The Path To Employee Status For College Athletes Post-Alston, Tyler J. Murry

Vanderbilt Journal of Entertainment & Technology Law

College athletics are in a state of flux following the Supreme Court’s decision in NCAA v. Alston. While student athletes can now earn money from their name image and likeness (NIL) through endorsement deals, the NCAA and its member schools can still exploit college athletes to earn billions of dollars. To remedy this injustice, courts should classify student athletes as employees under the Federal Labor Standards Act (FLSA) to compensate these students for their work. Whether student athletes should be eligible for minimum wage and employment benefits has been a hot-button topic in the legal community for many years. Fortunately, …