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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 30 of 37

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

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis Nov 2012

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis

Pepperdine Law Review

No abstract provided.


National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson Nov 2012

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.


Is Culture A Justiciable Issue? , Jessica L. Darraby Nov 2012

Is Culture A Justiciable Issue? , Jessica L. Darraby

Pepperdine Law Review

No abstract provided.


The United States-Canada Free Trade Agreement: Exporting Art By The Numbers, James A.R. Nafziger, Mary P. Rooklidge Nov 2012

The United States-Canada Free Trade Agreement: Exporting Art By The Numbers, James A.R. Nafziger, Mary P. Rooklidge

Pepperdine Law Review

No abstract provided.


Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle Nov 2012

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.


Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier Nov 2012

Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier

Pepperdine Law Review

No abstract provided.


Utility Of Personal Service Corporations For Athletes, Bret M. Kanis Nov 2012

Utility Of Personal Service Corporations For Athletes, Bret M. Kanis

Pepperdine Law Review

No abstract provided.


Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin Oct 2012

Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin

Pepperdine Law Review

No abstract provided.


Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel Oct 2012

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.


A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West Sep 2012

A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West

The Journal of Business, Entrepreneurship & the Law

Introduced in Congress in August 2010, the Innovative Design Protection and Piracy Prevention Act (IDPPPA) would amend 17 U.S.C. § 1301 to extend copyright protection to unique, distinguishable, non-trivial, and non-utilitarian fashion designs. The fashion industry in the United States is currently a $200 billion industry which is afforded limited intellectual property protection compared to foreign markets. This article explores the applicability of the existing Copyright Act to fashion designs and argues that the IDPPPA takes a narrow approach to eliminate ambiguity present in former bills attempting to amend copyright law. The IDPPPA would incentivize innovation, the ultimate goal ...


Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black Sep 2012

Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black

The Journal of Business, Entrepreneurship & the Law

In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as well as examine previous attempts by other states to regulate the distribution of violent video games to minors. Most importantly, this note will explore the ...


No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman Sep 2012

No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula Jul 2012

The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula

Pepperdine Law Review

No abstract provided.


Sports Law Arbitration By Cas: Is It The Same As International Arbitration?, Richard H. Mclaren May 2012

Sports Law Arbitration By Cas: Is It The Same As International Arbitration?, Richard H. Mclaren

Pepperdine Law Review

No abstract provided.


Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim Apr 2012

Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim

Pepperdine Dispute Resolution Law Journal

Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting ...


What's In A Name? Fred Goldman's Quest To Acquire O.J. Simpson's Right Of Publicity And The Suit's Implications For Celebrities, Laura Hock Mar 2012

What's In A Name? Fred Goldman's Quest To Acquire O.J. Simpson's Right Of Publicity And The Suit's Implications For Celebrities, Laura Hock

Pepperdine Law Review

No abstract provided.


Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero Mar 2012

Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero

Pepperdine Dispute Resolution Law Journal

Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes ...


Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka Feb 2012

Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka

Pepperdine Dispute Resolution Law Journal

The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective ...


Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie Feb 2012

Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie

Pepperdine Dispute Resolution Law Journal

There has been a great deal of press in the recent years concerning the illegal exportation of cultural objects, their illicit sale to museums and private collectors, and the arguments that would compel either the return or restitution of such objects. This article will offer an introduction to this area including the current law and arguments by focusing the dispute surrounding a tremendous cultural asset, currently owned and residing in the United States-the Getty Bronze. The status of the statue is in question because the Italian authorities are claiming that the statue was illegally exported and, therefore, could not be ...


The Future Of Sports Dispute Resolution, Michael Lenard Feb 2012

The Future Of Sports Dispute Resolution, Michael Lenard

Pepperdine Dispute Resolution Law Journal

Michael Lenard, a member of the International Council of Arbitration for Sport (ICAS), provides his outlook on where sports dispute resolution is headed.


From The Trenches: The Landscape Of Sports Dispute Resolution And Athlete Representation, John Ruger Feb 2012

From The Trenches: The Landscape Of Sports Dispute Resolution And Athlete Representation, John Ruger

Pepperdine Dispute Resolution Law Journal

The Act that gave the Olympic Committee its authority is the Ted Steven's Olympic and Amateur Sports Act. It was first passed in 1978 under the tutelage of Senator Stevens of Alaska. It was updated in 1998, and in the update there was a passage added regarding the creation of the position of athlete ombudsman. One of the primary authors of that actual language is Mr. Benz, who was, at the time, at the USOC. President Clinton signed the bill into law in October 1998 with a funding bill. I am the only one to have ever held this ...


Common Issues In International Sports Arbitration, Jeffrey Benz Feb 2012

Common Issues In International Sports Arbitration, Jeffrey Benz

Pepperdine Dispute Resolution Law Journal

Jeffrey Benz discusses his experience as a Court of Arbtration for Sport (CAS) Arbitrator and former US Olympic Committee General Counsel.


The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith Feb 2012

The Beijing Summer Olympic Games: Decisions From The Cas And Ioc, Richard H. Mclaren, Geoff Cowper-Smith

Pepperdine Dispute Resolution Law Journal

This article reviews the Beijing Olympic Games cases heard by the Court of Arbitration for Sport (CAS) Appeal Division before and after the Olympic Games and the Ad-hoc Division (AHD) in Beijing, together with pertinent IOC Executive Board doping and disciplinary decisions. The discussion is in chronological order dealing first with Olympic-related cases that were heard by the ordinary and appeal divisions in Lausanne prior to the AHD taking jurisdiction of Olympic matters. Those cases are followed by appeals heard by the appeal division while the AHD took jurisdiction over Olympic matters in Beijing. A discussion of the decisions made ...


Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel Feb 2012

Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel

Pepperdine Dispute Resolution Law Journal

According to the reporters who wanted to speak with LaTasha Jenkins, she was the first athlete in the seven-year history of the United States Anti-Doping Agency (USADA) to win and clear herself of doping charges. USADA's record was now thirty-seven and one. Remarkably, the flawless record was beaten by a group of third year law students and their professor. But LaTasha did not want to speak with the reporters. To LaTasha, she had not won. She had been dragged through the mud, her career had been ended, and she was emotionally exhausted. Talking to reporters would only remind her ...


Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten Feb 2012

Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten

Pepperdine Dispute Resolution Law Journal

This article provides an overview of the nature and scope of judicial review of Olympic and international sports arbitration awards, primarily those rendered by the Court of Arbitration for Sport (based in Lausanne, Switzerland) and their review by the Swiss Federal Tribunal pursuant to the Swiss Federal Code on Private International Law. It also describes and compares U.S. courts' review of international sports arbitration awards pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards as well as domestic sports arbitration awards. Both Swiss and U.S. courts are permitting CAS arbitration awards to ...


Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston Feb 2012

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to ...


Foreword, Carey J. Prill Feb 2012

Foreword, Carey J. Prill

Pepperdine Dispute Resolution Law Journal

The Symposium entitled Arbitrating Sports: Reflections on USADA/Landis, the Olympic Games, and the Future of International Sports Dispute Resolution was held at Pepperdine University School of Law on February 27, 2009, under the joint sponsorship of the Straus Institute for Dispute Resolution and the Pepperdine Dispute Resolution Law Journal. It brought together a distinguished panel of speakers, comprised of arbitrators, lawyers, scholars, and members of the press. This special symposium issue of the Journal is comprised of several papers and lectures presented at the event, which reflect important issues in sports arbitration.


"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette Feb 2012

"Mortal [K]Ombat In Cleats": An Examination Of The Effectiveness Of The National Football League's Disability Plan And Its Impact On Retired Players, Brett Edwin Lovellette

Pepperdine Law Review

No abstract provided.


Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton Feb 2012

Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton

Pepperdine Law Review

No abstract provided.