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Articles 1 - 30 of 227

Full-Text Articles in Entertainment, Arts, and Sports Law

Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


A Third Way Of Thinking About Cultural Property, Lucas Lixinski Jul 2019

A Third Way Of Thinking About Cultural Property, Lucas Lixinski

Brooklyn Journal of International Law

The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.


“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney Jul 2019

“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney

Brooklyn Journal of International Law

The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination ...


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre Jul 2018

America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre

Indiana Journal of Global Legal Studies

As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the ...


Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii Jul 2018

Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii

Indiana Journal of Global Legal Studies

In the digital era, interactive streaming is now the preferred method for music consumers to access their favorite albums and songs. The traditional copyright system used to administer music rights and royalties has not evolved accordingly, which not only impedes progress by music platform innovators, but also frustrates artist, labels, and composers who are unable to reap the benefits of their music rights. This Note examines the complex process interactive streaming services undergo to obtain the rights necessary to stream music through their platforms, which involves a discussion of collective rights organizations. This Note then argues that the European Directive ...


Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares Feb 2018

Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares

Notre Dame Journal of International & Comparative Law

Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play ...


The Vatican View On Sport At The Service Of Humanity, Ed Edmonds Feb 2018

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Notre Dame Journal of International & Comparative Law

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and ...


Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout Feb 2018

Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout

Notre Dame Journal of International & Comparative Law

This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.


Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen Feb 2018

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began ...


The Vatican View On Sport At The Service Of Humanity, Ed Edmonds Jan 2018

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and ...


Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs Jan 2018

Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs

Marquette Intellectual Property Law Review

Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on ...


Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja Jan 2017

Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja

The John Marshall Review of Intellectual Property Law

This article considers the current licensing regime used to control the exploitation of copyright protected works within the online interactive entertainment sector—particularly virtual worlds including multiplayer online games—to further author new copyrightable works. This article aims to identify the gaps that have arisen on account of the nature of these subsequently authored works and the potential for their exploitation under the said licensing regime. Users and the proprietors of virtual worlds often end up in conflict over the monetization and commercialization of user generated content on account of contradictory yet overlapping rights created by copyright law when controlled ...


A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu Jan 2017

A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu

Marquette Intellectual Property Law Review

New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans ...


Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi Sep 2016

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Player Restraints And Competition Law Throughout The World, Stephen Ross Jan 2016

Player Restraints And Competition Law Throughout The World, Stephen Ross

Stephen F Ross

This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be ...


The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross Jan 2016

The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross

Stephen F Ross

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the relevance ...


The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith Jan 2016

The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith

The John Marshall Review of Intellectual Property Law

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles ...


From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris Jan 2016

From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris

The John Marshall Review of Intellectual Property Law

This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his ...


Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline Jan 2016

Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline

The John Marshall Review of Intellectual Property Law

No abstract provided.


Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi Jan 2016

Illusory Borders: The Myth Of The Modern Nation-State And Its Impact On The Repatriation Of Cultural Artifacts, 15 J. Marshall Rev. Intell. Prop. L. 486 (2016), Lubna El-Gendi

The John Marshall Review of Intellectual Property Law

While the current world order of independent nation-states may seem like a natural state that has existed for centuries, in reality, it is a relatively new development that was forged after the demise of imperial rule. Yet, the nation-state is the foundational entity of our current international political and legal framework. International treaties and relations are structured around the nation-state, which is recognized as the core entity in which rights are vested and on which obligations are imposed. This prioritization of the nation-state leads to issues when we consider the repatriation of cultural heritage, particularly in light of the history ...


Let It Go? A Comparative Analysis Of Copyright Law And Enforcement In The United States Of America And China, 15 J. Marshall Rev. Intell. Prop. L. 584 (2016), Kevin Fleming Jan 2016

Let It Go? A Comparative Analysis Of Copyright Law And Enforcement In The United States Of America And China, 15 J. Marshall Rev. Intell. Prop. L. 584 (2016), Kevin Fleming

The John Marshall Review of Intellectual Property Law

Cheap, knockoff designer items have flooded the streets of China for years. These products infringe on the copyrights of the manufacturers but are rarely enforced. China has attempted to revise their copyright laws to offer more protection to copyright owners, but this has not yet occurred. This comment examines two recent occurrences of copyrighted works in the United States of America being infringed upon in China. This comment examines the how a court or tribunal would rule applying American copyright law and Chinese Copyright law, while also examining the possible remedies that could result. This comment also proposes possible solutions ...


Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes Jan 2016

Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes

The John Marshall Review of Intellectual Property Law

No abstract provided.


Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray Jan 2016

Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray

The John Marshall Review of Intellectual Property Law

The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo ...


Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler Dec 2015

Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler

Raizel Liebler

YouTube’s first music awards surprised many mainstream music fans in 2013, when the Korean pop (“K-pop”) group Girls’ Generation beat out many U.S. pop music stars for Video of the Year (Yang, 2013). In 2015, the fans of K-pop group T-ara won Billboard’s Fan Army Face-Off, beating out the fans of well-established Western artists like One Direction and Beyoncé (“Fan Army,” 2015). The matchup against One Direction led to the globally trending hashtag on Twitter, #WeLove1DandKpop (“Fan Army,” 2015). While some U.S. critics and Western music fans may see these events as flukes, there is a ...


Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen Aug 2015

Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen

Xi Chen

One heavily and contentiously argued clause in Chinese Copyright Law amendments drafts focuses on the practicality of granting authors of audiovisual works the legal right to collect subsequent remunerations (SRR), when their works are reused in subsequent exploitations.

With the rapid increase of media channels for the Chinese movie industry, and other entertainment industries relying on a heavy usage of audiovisual work, authors demand that they should be entitled to the profit earned from derivative markets and other media channel beyond the first intended market. In order to balance the conflicting interest between the author and the producer, and to ...


Pound For Pound: A Legal Analysis Of The Gambling, Alcohol, And Taxation Issues The Nfl Must Weigh As It Expands To London, Patrick Doughty Jul 2015

Pound For Pound: A Legal Analysis Of The Gambling, Alcohol, And Taxation Issues The Nfl Must Weigh As It Expands To London, Patrick Doughty

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Damage From Mega-Sporting Events In Brazil, J. Justin Woods Jul 2015

The Damage From Mega-Sporting Events In Brazil, J. Justin Woods

Pace Law School Student Publications

Over the past several years, Brazil’s federal government and the city and state governments of Rio de Janeiro have invested tens of billions of dollars to develop the transportation, stadium, tourist, communications and security infrastructure required to host the 2007 Pan American Games, 2014 World Cup, and 2016 Summer Olympics. As Brazil seeks to use these mega- sporting events to assert itself as a major economic player on the word stage, its strategy demonstrates how hosting mega-events serves to attract regional and global capital, and to reinforce unequal power structures at the expense of the public treasury, environmental quality ...


On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin Jan 2015

On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack Nov 2014

China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.