Entertainment, Arts, and Sports Law Commons^™

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The Prehistoric Baseball Rule: Outdated For Today's Game, Kyle Tanzer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

Scuffed Chucks: Converse's Scuffle, The Federal Circuit's Overstep, And The Court's Stance On Trademark Infringement, Angela Tam

Loyola of Los Angeles Entertainment Law Review

The multi-billion-dollar footwear industry accounts for an enormous portion of the United States economy. Among the top brands, an iconic pair of shoes is the Converse All-Star Chuck Taylor. The rubber shoe company generated a global revenue of nearly $2 billion in 2019 alone. The consistent popularity of the Chuck Taylors over the last decades has prompted many copycats to try to mimic the company’s leading look.

The Federal Circuit recently ruled in a trademark infringement case, Converse Inc. v. International Trade Commission. The case followed Converse’s complaint against various footwear products, including brands such as Sketchers and New Balance, …

California, Are You There? It's The Entertainment Industry Calling And We Need Net Neutrality, Olivia Young

Loyola of Los Angeles Entertainment Law Review

With online streaming rapidly replacing cable as the preferred method of media consumption for viewers, demand for online content is at an all-time high. Behind the scenes of the entertainment evolution is an open and neutral Internet that facilitates equal access to all online content. Until recently, the Federal Communications Commission (FCC) committed to preserving the neutral net by passing Net Neutrality regulations that prohibited Internet Service Providers (ISPs) from blocking, throttling, or prioritizing online content. That changed on December 14, 2017, when the FCC repealed Net Neutrality, lifting the restrictions that once prevented ISPs from differentially transmitting online content. …

Pills And Picasso: Evaluating The Proposed Liquidation Of The Detroit Institute Of Arts During The Detroit Bankruptcy, Kevin Deutsch

Michigan Business & Entrepreneurial Law Review

Part I of this Note provides background information that is helpful for understanding the Detroit bankruptcy, the role of the DIA in the bankruptcy, and municipal bankruptcies in general. Part II evaluates equitable arguments against a sale of the DIA’s collection. Part III provides a rationale for a partial sale of the DIA’s collection.

Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann

Washington Journal of Law, Technology & Arts

The video game industry has blossomed from a niche hobby into a mainstream cultural industry, outpacing global box office sales in annual revenue. Yet the price of a video game has barely increased since the industry’s inception, and the current standard price point of sixty dollars has survived for over a decade. Competitive market forces drive companies to invest ever more time and money into creating increasingly complex software in order to remain on the cutting edge of graphics and design, while simultaneously increasing revenue. Thus, video game developers and publishers have developed a multitude of alternative money- making services …

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …