Entertainment, Arts, and Sports Law Commons^™

Artworks As Business Entities: Sculpting Property Rights By Private Agreement, Christopher G. Bradley

Law Faculty Scholarly Articles

Modern business entities, such as LLCs, are increasingly created and deployed to accomplish customized transactions and evade legal restrictions. Rather than acting as traditional business enterprises, entities serve as tools to facilitate complex commercial transactions and surmount limitations presented by existing bodies of law. One limitation constrains the ways that private parties can agree to divide property rights—a doctrinal limitation sometimes referred to as numerus clausus. This Article shows that such limitations on the customizing of property rights by private agreement now can be surmounted by virtue of modern business entity law. After describing the key features of modern …

Not A Taboo Use Of Tattoos: Why Using Unauthorized Replicas Of Professional Athlete Tattoos In Video Games Constitutes Fair Use, John R. Faulkner Iii

Marquette Sports Law Review

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Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski

Marquette Sports Law Review

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Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito

Marquette Sports Law Review

No abstract provided.

The Only Game In Town: An Examination Of The Ncaa's Anticompetitive Conduct, Taylor Skaggs

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Alexandra Zdunek, Andrew Guzek

Marquette Sports Law Review

No abstract provided.

The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh

Articles

In 2017, the International Law Commission ("ILC") which was established by the UN General Assembly in 1947 to assist States with the promotion of (1) the progressive development of international law and (2) its codification, adopted on first reading a draft convention on crimes against humanity which it transmitted to States for comments. The draft convention seeks to help fill the present gap in the law of international crimes since States criminalized genocide in 1948 and war crimes in 1949, but missed the opportunity to do so for crimes against humanity. This Article examines the first reading text, as submitted …

Monetizing Infringement, Kristelia García

Publications

The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus of both legislators and scholars. The conventional view is that infringement must be curbed and/or punished in order for copyright to fulfill its purported goals of incentivizing creation and ensuring access to works. This Essay proves this view false by demonstrating that some rightsholders don’t merely tolerate, but actually encourage infringement, both explicitly and implicitly, in a variety of different situations and for one common reason: they benefit from it. Rightsholders’ ability to monetize infringement destabilizes long-held but problematic assumptions about both rightsholder preferences, …

Copyright And Economic Viability: Evidence From The Music Industry, Kristelia García, James Hicks, Justin Mccrary

Publications

Copyright provides a long term of legal excludability, ostensibly to encourage the production of new creative works. How long this term should last, and the extent to which current law aligns with the economic incentives of copyright owners, has been the subject of vigorous theoretical debate. We investigate the economic viability of content in a major content industry—commercial music—using a novel longitudinal dataset of weekly sales and streaming counts. We find that the typical sound recording has an extremely short commercial half-life—on the order of months, rather than years or decades—but also see evidence that subscription streaming services are extending …

Caveat Vendor: A Call To Reform The Scope Of Rights Of Withdrawal For Off-Premises Contracts Under U.S. Consumer Protection Laws With Respect To The Auction Of Art, Sarah Fabian Maramarosy

Fordham Intellectual Property, Media and Entertainment Law Journal

As sales of art at auction become increasingly popular and accessible, an overlooked consumer right may cause sellers of art to get “burned.” At its core, the auction process is intended to establish the price of a difficult-to-value object of art, therefore, the underlying philosophy of an auction is that sales are final. However, cooling-off rules in U.S. off-premises contracts are broad enough that auction house contracts can potentially fall within the ambit of these rules, giving rise to the consumer’s right to cancel the contract.

Arguably, permitting consumers to cancel in remorse undermines the premise of an auction and …

Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser

Fordham Intellectual Property, Media and Entertainment Law Journal

Broadway is booming. In a post-Hamilton world, ticket sales and attendance records for the commercial theatre industry continue to break season after season. At the same time (and perhaps not so coincidentally), litigation against theatre artists, creators, and producers has surged, especially in the realm of copyright infringement. Many theatre professionals accused of infringement in recent years have employed the doctrine of fair use—codified at 17 U.S.C. § 107—as an affirmative defense against such claims. This Note explores cases involving theatre professionals in which fair use was examined and contends that they collectively reflect broader historical trends in fair …

The Prison Of Convenience: The Need For National Regulation Of Biometric Technology In Sports Venues, Kirsten Flicker

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, biometric data has crept its way into sports venues. In 2015, Major League Baseball began to use fingerprinting at stadium entrances. More recently, reporters have alerted spectators to the use of facial recognition technology in arenas such as Madison Square Garden. Proponents of these developments insist that the technology conveniences spectators, increases venue security, and enhances the overall spectator experience. Yet these claims fail to take into account the possibility of irremediable data breaches, the inaccuracies in facial recognition technology, and the privacy and unfair and deceptive trade practice concerns this technology raises. Further, there is an …

Fre-Bird: An Evidentiary Tale Of Two Colliding Copyrights, Daniel Abowd

Fordham Intellectual Property, Media and Entertainment Law Journal

Sound recordings are not musical compositions. Sound recordings embody musical compositions. Thus, when sound recordings appear in musical composition infringement trials, they do so as an imperfect facsimile of the composition they actualize. As a result, they can confuse and mislead juries tasked only with evaluating the similarity of the underlying composition. On the other hand, music is an aural medium: how can juries be expected to compare two songs without listening to their commercial embodiments?

Several recent cases have hinged on the admissibility of sound recordings in composition infringement trials. In doing so, they have implicated three fundamental questions: …

Will The Players Union Take An L Or Take A Knee?: The First Amendment Legal Issues Surrounding The Nfl National Anthem Controversy, Audriana Rodriguez

FIU Law Review

No abstract provided.

Where's The Beef: The Use Of Mediation To Resolve Disputes Between Rappers, Craig Epstein

Cardozo Journal of Conflict Resolution

The issues posed by rap feuds persist and remain prominent in the music industry and the news. In fact, rap feuds have received major media coverage in recent months, prompting major public confrontations between some of music's biggest stars. Therefore, this Note will endeavor to better understand the history and evolution of the genre of rap, and the movements and specific events that shaped its current adversarial character. The Note will also examine certain aspects of rap feuds and the ways in which they are waged that would indicate a potential to use mediation as a means to bring about …

“Breaking Up Is Hard To Do”: Conceptualizing The Artist-Manager Relationship As A Marriage For Purposes Of Alternative Dispute Resolution, Gillian Sloane

Cardozo Journal of Conflict Resolution

The problem is not that the artist-manager relationship is a highly personal one. The problem is, that due to the present state of the music industry and current legislation, the nature of the relationship is given no weight when disputes between the parties occur. The constraining designation of the artist-manager relationship and ineffective legal remedies provided when disputes arise, negatively affect the viability of the relationship and essentially guarantee dissolution of the relationship.

This Note addresses that problem. Instituting different forms of alternative dispute resolution ("ADR") processes, commonly applied in divorce and family law, at different stages of the artistmanager …

Abram I. Elkus: The New York Yankees' First Lawyer, Robert M. Jarvis

Kentucky Law Journal

No abstract provided.

A New Standard For Right Of Publicity Protection For Statistics In The Era Of Daily Fantasy Sports And Legalized Sports Betting - A Critique Of Daniels V. Fanduel And A Revival Of An Economic-Based Rationale To Protect Athletes' Property Rights, Mark Conrad

Cardozo Arts & Entertainment Law Journal

The Indiana Supreme Court's unanimous decision in Daniels v. FanDuel, addressing whether the use of an athlete 's name and statistical information is subject to a right ofpublicity, has the potential to serve as a persuasive precedent-and formidable obstacle-in future sportsrelated legal matters. Specifically, in rejecting the plaintiff's claim, the court ruled that publicly available statistical information used in a daily fantasy sports game is protected speech under a statutory "newsworthy value" exemption found in the state's right of publicity law. The panel also determined that the use of athletes'names and images are protected as well. On the surface, …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 38, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Patent Fraud By Design, Mordechay Sorek, Miriam Marcowitz-Bitton, Yotam Kaplan

Cardozo Arts & Entertainment Law Journal

Patent law is supposed to offer property-right protection to inventors in order to promote and incentivize innovation. Yet current patent law doctrine effectively incentivizes patentees to defraud the patent office, allowing them to secure undeserved legal protection. What is worse, once such protection is fraudulently obtained, patentees can use it to stop downstream innovation, harm competitors, and charge supracompetitive prices to consumers. The current patent system generates all of these harms because it offers strong legal protection while failing to impose equally strong sanctions against those who attempt to abuse it. Indeed, the current system rarely sanctions patentees who have …