Entertainment, Arts, and Sports Law Commons^™

Workers Of The Gaming World, Unite! The Uncertain Future Of The Video Game Industry In The Aftermath Of Ab 5, Natalie Kalbakian

Loyola of Los Angeles Entertainment Law Review

The video game industry is a rapidly growing and lucrative entertainment market. It has played an immense role in shaping the consumption of media. However, the reality of working conditions for the industry labor force largely behind these innovations is much less impressive. This Note examines the video game industry as a case study for the potential impact of California Assembly Bill 5 (“AB 5”) on industries that heavily rely on independent contractors with specialized skill sets.

First, this Note advances the argument that the video game industry has engaged in regulatory arbitrage by capitalizing on the loopholes created as …

The New Gold Standard For Sports Psls: The Provisions That Allow The Golden State Warriors To Overpower A Bankruptcy Estate, Michael Medved

The Journal of Business, Entrepreneurship & the Law

This comment will focus on how this second key difference implemented in the Warriors’ PSL would affect an eventual bankruptcy proceeding of a purchaser into their “membership program.” In the event of a purchaser filing for bankruptcy liquidation under chapter seven of the bankruptcy code, the PSL will join the rest of the bankrupt’s assets in becoming property of the now-bankrupt purchaser’s creditors estate. Purchasers into the Warriors’ offering can be either individuals or corporations. This comment will provide an analysis of how the debtor, estate, and team will likely fare in terms of recouping the value of the PSL …

Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee

The Journal of Business, Entrepreneurship & the Law

This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.

Insights From Snowboard Pedagogy For The Legal Studies Instructor, Jennifer S. Anderson, David W. Read, Konrad S. Lee, John Linford

DePaul Journal of Sports Law

This paper intends to inform and avail instructors of pedagogical approaches proven effective in winter sports environments, specifically in the sport of snowboarding, that we suggest may be particularly effective in teaching business law to non-law students in undergraduate business programs. We join other scholars in examining the approach to teaching business law to non-law students in an effort to develop the knowledge and skills necessary to manage the “dynamic and untidy” legal issues that business professionals deal with, while mitigating the difficult and confusing subject matter and pedagogy associated with business law courses. Broadly speaking, teaching requires the acquisition …

The Emergence Of Wearable Technology And The Legal Implications For Athletes, Teams, Leagues And Other Sports Organizations Across Amateur And Professional Athletics, Anthony Studnicka

DePaul Journal of Sports Law

The year was 1998. The Chicago Bulls were playing in Game 6 of the NBA Finals against the Utah Jazz. Michael Jordan was wearing his iconic, bright, red number 23 Bulls jersey. Jordan had led the Bulls to their third consecutive finals appearance, pursuing their sixth NBA Championship title of the decade. However, this was not his fight alone, as his teammates were fighting merely to get on the court. Ron Harper was playing while sick, and Toni Kukoc was battling fatigue. Another teammate and future Hall of Famer Scottie Pippen was playing through an injury. The extent of the …

Convergence And Divergence In Stadium Ownership Structures, Robert Sroka

DePaul Journal of Sports Law

In the broader business law literature, much has been written on the supposed convergence trend of corporate governance practices. Yet this academic discussion has barely extended to the professional sports context and in the instances where professional sports governance has been at issue, stadiums and stadium ownership have not been the subject of analysis. With stadium construction and renovation projects regularly running into the hundreds of millions or billions of dollars, and ongoing stadium operations and debt repayments on such facilities often exceeding tens of millions each year, stadium governance is a significant aspect of business and corporate governance worth …

The Prehistoric Baseball Rule: Outdated For Today's Game, Kyle Tanzer

DePaul Journal of Sports Law

No abstract provided.

The Larry Nassar Nightmare: Athletic Organizational Failures To Address Sexual Assault Allegations And A Call For Corrective Action, Heather Udowitch

DePaul Journal of Sports Law

Lawrence (Larry) Nassar, a once credible, respected physician – who treated thousands of premiere athletes – is now known as a one of the most infamous individuals in American sports history. While building his professorial career as a doctor with USA Gymnastics (USAG), Michigan State University (MSU), and the United States Olympic Committee (USOC), Nassar was actually sexually assaulting hundreds of individuals under the guise of medical treatment. USAG, MSU, and the USOC all contributed to the flawed system that refused to listen to the athletes who reported Nassar in addition to help him maintain his status. Through the silence …

The Importance Of Ncaa Student-Athletes' Financial Literacy And Mental Health In Anticipation Of The Historic Fair Pay To Play Act, R.J. Curington

DePaul Journal of Sports Law

Sports fans praise athletic abilities and sensational games, especially during championship play. However, extreme criticism and judgment arises when athletes fall into financial and/or mental pitfalls after college. We all have heard horror stories of student-athletes being exploited by outside influences that result in suspensions to the student-athlete and even penalties on their athletic program. The exploitation of the nation’s top student-athletes can even begin in the early stages of high-school. These young student-athletes, who may not have the financial resources or the proper guidance, are often misled by self-interested outside sources. Dreams of financial stability are thought to be …

Klawing For Protection: Kawhi Leonard's Battle With Nike Over Intellectual Property Rights, Gaetano Urgo

DePaul Journal of Sports Law

No abstract provided.

Addressing Human Trafficking In The Context Of Major League Baseball And The Cuban Baseball Federation, Sarah Hanlon

DePaul Journal of Sports Law

In 2018, Major League Baseball (“MLB”) and the Cuban Baseball Federation (Federación Cubana de Béisbol, “FCB”) reached a historic agreement. The agreement sought to protect Cuban baseball players wishing to play in the United States. Under the agreement, Cuban players would no longer have to denounce their allegiance to Cuba or find alternative and often risky and dangerous ways to enter the United States. The agreement was symbolic of an easing of tensions between the United States and Cuba. Unfortunately, the agreement was short-lived after the Trump administration began reinvigorating stricter policies from the past with Cuba. This Note reviews …

Athlete Biometric Data In Soccer: Athlete Protection Or Athlete Exploitation?, Adam Garlewicz

DePaul Journal of Sports Law

This article is divided into three parts. Part I gives a synopsis of the current law in the United States dealing with the collection of biometric data. Part II provides an overview of how soccer is organized and regulated on an international level. Part III discusses the technology used in soccer to collect soccer players’ biometric data and the legal issues that arise from the collection of biometric data.

Table Of Contents, Depaul Sports Law

DePaul Journal of Sports Law

No abstract provided.

Breaking Up Melodic Monopolies: A New Approach To Originality, Substantial Similarity, And Fair Use For Melodies In Pop Music, Johannes Hoffman

Journal of Law and Policy

Progress in the arts—the fundamental goal of copyright law in the United States—requires a balance between granting creators exclusive rights over their works and allowing others the room to create new works. This is particularly crucial in pop music, where melodies are composed within narrow musical structures out of a limited set of notes. Recent verdicts, however, have shown that courts are becoming more willing to find copyright infringement based on relatively simple melodies in pop music, even where such melodies do not constitute the “hook” or most memorable part of the allegedly infringing work. This Note posits that, in …

The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman

Seattle Journal of Technology, Environmental, & Innovation Law

In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of …

When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr

Michigan Technology Law Review

If a virtual-world-game character is cast upon real-world property without the consent of the landowner, inducing or encouraging players to trespass, is the virtual-world creator liable for damages? The United States Supreme Court has recognized that digital technology presents novel issues, the resolution of which must anticipate its further rapid development. It is beyond dispute that protective legislation will be unable to keep up with rapidly evolving technology. The burden of anticipating and addressing issues presented by emerging technologies will ultimately fall upon the businesses responsible for generating them. This duty was most notably adopted by the creators of Pokémon …

The Canadian Anti-Doping Program And The Charter Of Rights And Freedoms, Kate Scallion

LLM Theses

This thesis examines the relationship between the Canadian Anti-Doping Program (CADP) and the Charter of Rights and Freedoms. First, the CADP is explored in depth, including the origins of anti-doping in Canada generally, how Canada's anti-doping regime aligns with international anti-doping regimes, and how the CADP functions in practice. Next, whether or not the Charter applies to the CADP is analyzed, looking at whether the administrator of the CADP, the Canadian Centre for Ethics in Sports (CCES), meets the criteria of a "government actor," as well as determining if the CADP itself would be considered a government action and thus …

Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron

Michigan Law Review

Review of Nick Drnaso's Sabrina.

Bargaining Over Biometrics: How Player Unions Should Protect Athletes In The Age Of Wearable Technology, Skyler R. Berman

Brooklyn Law Review

From governments to businesses and entertainment-like professional sports, society is slow to adjust to rapid technological change. State and federal governments are similarly tepid to regulate emerging technologies, and many industries fail to promptly alter their strategies to account for such changes. This note focuses on how the major sports leagues have yet to adequately address biometric data derived from wearable technology in their respective collective bargaining agreements. This lack of clarity presents a multitude of issues spanning from data ownership, privacy and publicity rights to labor and employment protections. Consequently, professional athletes have, at best, limited rights to their …

Sex Is Not A Three-Letter Word: The Effect Of Manipulating The Definition Of "Sex" On The Future Of Transgender Athletes, Emily Grubman

Loyola of Los Angeles Entertainment Law Review

Title IX makes it unlawful for educational institutions receiving federal funding to discriminate “on the basis of sex.” But in the context of high school and college athletics, and specific to transgender athletes, what should the meaning of “sex” be? The Obama administration believed that “on the basis of sex” in Title IX includes “gender” in the meaning of “sex.” However, the Trump administration has proposed revoking that understanding, limiting the term “sex” to mean male or female, defined at birth. In the com- ing year, the Supreme Court may decide in R.G. & G.R. Harris Funeral Homes, Inc. v. …