Entertainment, Arts, and Sports Law Commons^™

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether …

Towards A New California Revised Uniform Fiduciary Access To Digital Assets Act, Michael T. Yu

Loyola of Los Angeles Entertainment Law Review

California enacted the Revised Uniform Fiduciary Access to Digital Assets Act (the California RUFADAA) to govern the disclosure (or non-disclosure) of digital assets when a California resident dies. Digital assets include not just emails and social media accounts but may also include online files and assets, digital currencies, domain names, and blogs. The California RUFADAA ostensibly governs the disclosure of digital assets only when a California resident dies, and it, therefore, does not govern the scenario when a California resident becomes incapacitated and can no longer handle his or her digital assets. This scenario is likely to become more common …

Blurred Justice, Allen Madison, Paul Lombardi Ph.D

Loyola of Los Angeles Entertainment Law Review

This article discusses a recent controversial copyright case involving inspiration. Marvin Gaye’s family, who owns the copyright to “Got to Give It Up,” claimed that “Blurred Lines,” made famous by Robin Thicke, infringes on the family’s copyright. The Gaye family prevailed at trial. At summary judgment, the Federal District Court permitted the case to go to trial without determining whether there were elements to “Got to Give It Up” that were unprotected as unoriginal, commonplace musical ideas, or musical building blocks. Had the court made such a determination, it is doubtful the case would have gone to trial. The summary …

"Anything You Can Do, I Can Do Shorter": An Analysis Of Lenient Sentencing For Female Sex Offenders In The United States, Deborah Goodwin

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Pepperdine Law Review

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …

The Flsa And The Ncaa's Potential Terrible, Horrible, No Good, Very Bad Day, Sam Ehrlich

Loyola of Los Angeles Entertainment Law Review

The NCAA is at a crossroads with student-athlete compensation. Over the past few decades, the NCAA and its partners have faced lawsuits from several different angles with essentially one consistent argument: Student-athletes deserve to be compensated for what they provide to colleges and universities.

In two such lawsuits—Dawson v. NCAA and Livers v. NCAA—the plaintiffs have attempted a new strategy: arguing that revenue sport student- athletes are employees under the Fair Labor Standards Act (“FLSA”). These cases have gained some traction, and the distinctive protections granted to employees under the FLSA present unique challenges worth exploring.

This Article analyzes the …

College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman

Michigan Law Review Online

If any court is linked to the “law and economics” movement, it is the Seventh Circuit, home of former Judge Richard Posner, the “Chicago School,” and analysis based on markets and economics. It thus comes as a surprise that in college-athletics cases, the court has replaced economic analysis with legal formalisms. In adopting a deferential approach that would uphold nearly every rule the National Collegiate Athletic Association (NCAA) claims is related to amateurism, the court recalls the pre- Chicago School era, in which courts aggressively applied “per se” illegality based on a restraint’s form, rather than substance. While the …

Regulated Sports Betting: Ohio's Chance To Take A Bet On Itself, Robert Porter

Cleveland State Law Review

It is estimated that more than $150 billion is wagered on sporting events each year in the United States. Of this, only an estimated $4.5 billion is wagered legally. Why is that? Because of a federal statute (PASPA) prohibiting state sponsored sports betting, people had to resort to offshore sports gambling websites and illegal bookies. This all changed in May 2018, when the Supreme Court declared PASPA unconstitutional, effectively lifting the ban on sports betting nationwide. With states now capable of enacting their own sports gambling schemes and regulations, Ohio is in a prime position to capitalize. I advocate for …

Back To The Drawing Board! Legislating Hollywood, Christina Shu Jien Chong

Georgia State University Law Review

The United States Department of Justice “contended that equal employment opportunity in the broadcast industry could ‘contribute significantly toward reducing . . . discrimination in other industries’ because of the ‘enormous impact . . . television . . . [has] upon American life.’” Courts have also recognized that “communities . . . ’[must] take an active interest in the . . . quality of [television programming because television] has a vast impact on their lives and the lives of their children.’” Unfortunately, Hollywood continues to promote an insular culture that excludes minorities from influential behind-the-camera and on-screen positions.

Although the …

Stand For The National Flag And Sing The National Anthem, Yuichiro Tsuji

Cardozo International & Comparative Law Review

This paper uses a comparative law approach to review a national anthem case that is one of the most famous decisions coming from the Japanese Supreme Court. Public school teachers in Japan are required to stand up in front of the national flag and sing the national anthem during public school ceremonies. This paper reviews their constitutional rights.

Straight Actors In Lgbt Roles: Creative Casting Or Employment Discrimination?, Erica Ruff

Cardozo Journal of Equal Rights & Social Justice

The note examines the trend of casting straight actors in LGBT roles, termed "gay face," and explores its implications as a form of employment discrimination. It argues that this practice limits opportunities for LGBT actors and discusses the legal challenges in addressing this issue under Title VII of the Civil Rights Act of 1964, which does not explicitly cover sexual orientation. The note highlights the tension between anti-discrimination laws and First Amendment protections for artistic expression, noting that courts often favor the latter.

Preface To Volume 10, Issue 2, Peter A. Carfagna

Articles

No abstract provided.

Digital Sampling V. Appropriation Art: Why Is One Stealing And The Other Fair Use? A Proposal For A Code Of Best Practices In Fair Use For Digital Music Sampling, Melissa Eckhause

Missouri Law Review

This Article examines the disparate treatment of music and visual arts sampling under copyright law. Not only does this Article argue that the more liberal fair use principles adopted in recent visual arts cases should be applied to digital music sampling, but it also sets forth a preliminary Code of Best Practices in Fair Use for Digital Music Sampling (“Digital Music Sampling Code”).

Rights On Publicity As Remarkably Insignificant, R. George Wright

Cleveland State Law Review

This Article introduces the right of publicity through a brief consideration of high-profile cases involving, respectively, Paris Hilton, human cannonball Hugo Zacchini, and the famous actress Olivia de Havilland. With this background understanding, the Article considers the supposed risks to freedom of speech posed by recognizing rights of publicity in a private party. From there, the Article addresses the nagging concern that the publicity rights cases promote a harmful "celebrification" of culture. Finally, the Article considers whether allowing for meaningful damage recoveries in publicity rights cases appropriately compensates victims in ways promoting the broad public interest.

Digitial Art & Blockchain Spring Symposium, Cardozo Arts & Entertainment Law Journal, Cardozo Intellectual Property And Information Law Program, Cardozo Fame Center

2018–2019 Flyers

No abstract provided.

The Inescapable Intersection Of Race, Law, And Sports: Perspectives From The Field, N. Jeremi Duru, Michele Roberts, Woodie Dixon, Jeff Whitney

Presentations

During the Civil Rights Movement of the 1960’s, race and sport were thickly intertwined. Athletes such as Arthur Ashe, Muhammad Ali, John Carlos, and Tommie Smith used their platforms as sports stars to challenge racial and economic injustice. In the decades that followed, that activist spirit largely receded, but over the past several years athlete activism has been on the rise. From Miami Heat players posting a group photo in hooded sweatshirts in protest of Trayvon Martin’s killing to St. Louis Rams’ players running onto the field with hands above their heads in protest of Michael Brown’s killing to Colin …

Precious And Worthless: A Comparative Perspective On Loot Boxes And Gambling, Andrew Vahid Moshirnia

Minnesota Journal of Law, Science & Technology

No abstract provided.

When A College Coach's Agent Recruits The Coach's Players: Potential Legal And Ncaa Ramifications, Joshua Lens

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Nfl 3-0 In Federal Appellate Court Challenges To Player Suspensions: A Pattern Of "Substantial Deference" To The Nfl Creates And Uphill Battle For Players, Kara Crawford

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Road To Redemption: Chronicling Josh Gordon's Path To Reinstatement And Dissecting The Nfl's Substance Abuse Policy, Jacob Leyland

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.