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2013

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Articles 1 - 30 of 234

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

Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns Dec 2013

Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns

Rob C Burns

This Note looks at the bylaws of the NCAA and argues that certain bylaws concerning athletes competing in the Olympic Games, which permit American athletes to receive medal bonuses that their foreign counterparts cannot, are discriminatory on the basis of national origin in violation of Title VI of the Civil Rights Act.


Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert Dec 2013

Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert

Paul M. Schwartz

No abstract provided.


Private Copyright Reform, Kristelia A. García Dec 2013

Private Copyright Reform, Kristelia A. García

Michigan Telecommunications & Technology Law Review

The government is not the only player in copyright reform, and perhaps not even the most important. Left to free market negotiation, risk averse licensors and licensees are contracting around the statutory license for certain types of copyright-protected content, and achieving greater efficiency via private ordering. This emerging phenomenon, herein termed “private copyright reform,” presents both adverse selection and distributive justice concerns: first, circumvention of the statutory license goes against legislative intent by allowing for the reduction, and even elimination, of statutorily mandated royalties owed to non-parties. In addition, when presented without full term disclosure, privately determined royalty rates can ...


Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow Dec 2013

Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow

Michigan Telecommunications & Technology Law Review

What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products ...


Response To Michael Sandel, Stephen F. Smith Nov 2013

Response To Michael Sandel, Stephen F. Smith

Stephen F. Smith

No abstract provided.


An Act To Restrict The Use Of Erotic Material For Commercial Purposes, Robert E. Rodes Nov 2013

An Act To Restrict The Use Of Erotic Material For Commercial Purposes, Robert E. Rodes

Robert Rodes

No abstract provided.


Dastar's Next Stand, Mark Mckenna Nov 2013

Dastar's Next Stand, Mark Mckenna

Mark P. McKenna

No abstract provided.


Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds Nov 2013

Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds

Edmund P. Edmonds

Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is ...


A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon Nov 2013

A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Endangered Species Wannabees, John Copeland Nagle Nov 2013

Endangered Species Wannabees, John Copeland Nagle

John Copeland Nagle

No abstract provided.


New Direction For Team Ownership? The Memphis Redbirds Baseball Foundation, Lloyd Hitoshi Mayer, Craig A. Sharon Nov 2013

New Direction For Team Ownership? The Memphis Redbirds Baseball Foundation, Lloyd Hitoshi Mayer, Craig A. Sharon

Lloyd Hitoshi Mayer

No abstract provided.


Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds Oct 2013

Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds

Edmund P. Edmonds

The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.


A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds Oct 2013

A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds

Edmund P. Edmonds

This article explores the history and evolution of baseball's arbitration system, focusing on players with arbitration eligibility in 2009. The article also explores teams' use of the "file-and-go" strategy.


The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds Oct 2013

The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds

Edmund P. Edmonds

No abstract provided.


Over Forty Years In The On-Deck Circle: Congress And The Baseball Antitrust Exemption, Ed Edmonds Oct 2013

Over Forty Years In The On-Deck Circle: Congress And The Baseball Antitrust Exemption, Ed Edmonds

Edmund P. Edmonds

"Congressional discussion of baseball's antitrust exemption stretches over forty years involving a significant number of legislative initiatives. Although the exemption is a judicial aberration without justification, the 103d Congress will probably be no more successful than its predecessors in altering its long-standing existence. The three bills under consideration are not specifically crafted to resolve the problems of the changes in the commissioner's office or the lack of an expansion franchise or the relocation of an existing franchise to the Tampa-St. Petersburg area. Much of the history of Congressional concern over baseball's antitrust status suggests that broad-based attempts ...


Call To The Bullpen: How The 2012 Mlb Draft Shows Why The Ncaa Must Make A Change To Its Bylaws, James F. Reid Oct 2013

Call To The Bullpen: How The 2012 Mlb Draft Shows Why The Ncaa Must Make A Change To Its Bylaws, James F. Reid

Published Works

Major League Baseball (“MLB”) revised its amateur draft rules in 2012, which had a significant effect on how much of a signing bonus MLB teams could offer their draftees. Accordingly, it is no surprise that signing bonuses for first round draftees decreased by almost $12 million in 2012, as compared to 2011. The new rules, and their subsequent effect on MLB teams, demand that baseball student-athletes, now more than ever, not only be educated in all facets of the MLB Draft before deciding to turn pro or become/remain college student-athletes, but also retain a competent attorney or agent to ...


Sports, Inc. Volume 6, Issue 1, Ilr Cornell Sports Business Society Oct 2013

Sports, Inc. Volume 6, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


When Is Minority Not Minority: Ncaa Ignores Two Centuries Of Anglo-American Contract Law Respecting Legal Status, Matthew M. Heekin, Bruce W. Burton Sep 2013

When Is Minority Not Minority: Ncaa Ignores Two Centuries Of Anglo-American Contract Law Respecting Legal Status, Matthew M. Heekin, Bruce W. Burton

Matthew M. Heekin

No abstract provided.


The Impact Of The Jobs Act On Independent Film Finance, Sahil Chaudry Sep 2013

The Impact Of The Jobs Act On Independent Film Finance, Sahil Chaudry

Sahil Chaudry

While the 2008 financial crisis fundamentally altered the capital structure of the indie film, the JOBS Act will fundamentally augment capital sources available to the indie film industry at the time it is most starved. The onset of the U.S. recession, triggered by the 2008 economic crisis, substantially reduced the capital markets for the production of independent films. In an effort to stimulate economic growth for business start-ups, Congress passed the JOBS Act in March 2012. Two provisions of the JOBS Act present the independent (“indie”) film industry the opportunity to expand its capital markets. The first provision is ...


Sports Diplomacy In The Australian Context: A Case Study Of The Department Of Foreign Affairs And Trade, Stuart Murray Sep 2013

Sports Diplomacy In The Australian Context: A Case Study Of The Department Of Foreign Affairs And Trade, Stuart Murray

Stuart Murray

For a county with a small population, a remote location and an awkward colonial past, Australia has a remarkable record of success in international sport, so much so that sport is often considered a ‘religion’ in the ‘Lucky Country’. If diplomacy is the business of representation, it would be expected that sport features prominently in Australia’s diplomacy. However, sport oddly languishes under the banner of Public Diplomacy (PD) and is overseen by an unloved, under-resourced and under-represented Department of Foreign Affairs and Trade (DFAT). To exploit the type of vertical, horizontal and plural channels and networks diplomacy can offer ...


The Case For Reviving The Four-Year Deal, Ray Yasser Sep 2013

The Case For Reviving The Four-Year Deal, Ray Yasser

Ray Yasser

No abstract provided.


Hero With A Thousand Copyright Violations: Modern Myth And An Argument For Universally Transformative Fan Fiction, Natalie H. Montano Sep 2013

Hero With A Thousand Copyright Violations: Modern Myth And An Argument For Universally Transformative Fan Fiction, Natalie H. Montano

Northwestern Journal of Technology and Intellectual Property

Copyright law is designed to protect the ownership and financial rights of the original author of a literary work. However, the internet has created new opportunities for amateur writers to create their own fan fiction based on such literary works. Borrowing from the ideas and characters of a work, fan fiction authors build upon and re-imagine these stories. Such fan works should be protected under the Fair Use Defense, but the power imbalance between amateur fan fiction authors and successful published authors often leads to the eradication of fan stories from the public domain.

This Comment argues that fan fiction ...


The Nfl's Stance On Gambling: A Calculated Contradiction, Daniel Bernard Sep 2013

The Nfl's Stance On Gambling: A Calculated Contradiction, Daniel Bernard

UNLV Gaming Law Journal

No abstract provided.


Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande Sep 2013

Should The Internet Exempt The Media Sector From The Antitrust Laws?, Thomas J. Horton, Robert H. Lande

All Faculty Scholarship

This article examines whether the "old media" and the "new media", including the Internet, should be considered to be within the same relevant market for antitrust purposes. To do this the article first demonstrates that proper antitrust consideration of the role of non-price competition necessitates that “news” and “journalism” be analyzed in two distinct ways. First, every part of the operations of a newspaper (or other type of media source), including its investigative reporting and local coverage, should be assessed separately. We present empirical evidence collected for this study which demonstrates that the old media continues to win the vast ...


The Mpaa: A Script For An Antitrust Production, Ian G. Henry Sep 2013

The Mpaa: A Script For An Antitrust Production, Ian G. Henry

West Virginia Law Review

No abstract provided.


A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark A. Conrad Aug 2013

A New First Amendment Goal Line Defense – It’S Time To Stop The Right Of Publicity Offensive, Mark A. Conrad

Mark A. Conrad

What began as a novel subset of traditional privacy rights has led courts and legislatures to create a property-based right of publicity jurisprudence that has gone beyond its original goals and now crept into the traditional First Amendment domain of protection of artistic and creative rights. In the last two decades, courts have applied the “right of publicity” doctrine in various artistic contexts and various tests devised by the courts to balance the competing interests of free speech and commercial rights to one’s identity and image have produced a panoply of rulings, exacerbated by a lack of federal law ...


Reburying An Injustice: Indigenous Human Remains In Museums And The Evolving Obligations To Return Remains To Indigenous Groups, Alex Bernick Aug 2013

Reburying An Injustice: Indigenous Human Remains In Museums And The Evolving Obligations To Return Remains To Indigenous Groups, Alex Bernick

Alex Bernick

No abstract provided.


Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangement Rights In Cover Songs Under A Compulsory License, Matthew Adam Eller Esq. Aug 2013

Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangement Rights In Cover Songs Under A Compulsory License, Matthew Adam Eller Esq.

Matthew Adam Eller

This note will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in “cover” versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work is created by (“D1”) and then another author creates a second derivative work (“D2”) based off of D1. In situations such as these does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized? Further, depending on what rights do exist for D1, can the ...


Sponsorship Implications Of The Lance Armstrong V. Usps Lawsuit, John A. Fortunato Aug 2013

Sponsorship Implications Of The Lance Armstrong V. Usps Lawsuit, John A. Fortunato

John A Fortunato

Lance Armstrong won the Tour de France seven consecutive times from 1999 through 2005. At the height of his success and popularity Armstrong’s cycling team was sponsored by the United States Postal Service (USPS). Armstrong’s Tour de France victories were marred by speculation that he and his cycling teammates were using performance enhancing drugs. After years of denial, in January, 2013, Armstrong finally admitted in an interview with Oprah Winfrey that he had in fact used performance enhancing drugs. On February 22, 2013, the United States Justice Department announced that it had joined a lawsuit filed by former ...


The Apocalyptic Presidential Right Of Publicity, Michael G. Bennett Aug 2013

The Apocalyptic Presidential Right Of Publicity, Michael G. Bennett

Michael G. Bennett

The Apocalyptic Presidential Right of Publicity

Michael G Bennett Associate Professor Northeastern School of Law

Abstract

This article critically examines publicity rights doctrine as applied to celebrity political figures. It is particularly concerned with the prominence of science fictional concepts, theoretical frameworks and tropes in cases that mark the extreme scope of the doctrine and in the scholarship that aims to render case law rationally meaningful. And it situates President Obama and the difficult doctrinal issues his candidacy and subsequent election highlighted at the center of its analysis.

Part one of the article briefly describes the right of publicity and ...