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Entertainment, Arts, and Sports Law Commons

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2018

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Articles 1 - 30 of 203

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

The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli Dec 2018

The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli

University of Miami Business Law Review

This article will examine how blockchain technology can clarify the complex and inconsistent judicial approach to the copyright doctrine regarding music sampling. As it stands today, circuit courts are divided over how to handle copyright infringement stemming from unlicensed music sampling. The first approach is simple: if you want to sample, get a license. The second approach is more lenient and applies a de minimis standard that forces courts to make fact sensitive, case–by–case decisions regarding whether or not the sample of the original work is sufficient enough to be defined as an infringement. The reason for this ...


The Rearden Problem: Defining Ownership In A Changing Landscape, Jake Altobello Dec 2018

The Rearden Problem: Defining Ownership In A Changing Landscape, Jake Altobello

University of Miami Business Law Review

This paper will address the problem that is currently being confronted by the Walt Disney World Company; who owns the creative works made from software stolen from the original creator? Furthermore, does the court’s application of the “lion’s share” theory effectively further the Constitution’s intent to promote the growth of arts and sciences? By looking at the historical progression of intellectual property law and the holdings of key cases in copyright law, this paper will distill into a summary of key concerns the jurisprudence regarding associating property rights in intellectual property. By narrowing the key considerations of ...


Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram Nov 2018

Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram

Northwestern Journal of Law & Social Policy

No abstract provided.


Intellectual Property In Experience, Madhavi Sunder Nov 2018

Intellectual Property In Experience, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.

Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that ...


A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello Oct 2018

A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello

Brooklyn Law Review

Due to the rapid growth of the secondary resale market, purchasing tickets at their face-value price is becoming a fleeting expectation. While ticket scalping has existed quite possibly as long as tickets themselves have, innovations in invasive purchasing practices are leading to unprecedented profit margins for ticket scalpers and a greater distance between consumers and the original ticket sale. With ticket scalpers employing advanced ticket purchasing software, referred to as bots, consumers are left with no option but to surrender to steep resale prices, which often have no ceiling. Though ticket scalping regulation has developed, these legislative efforts have been ...


Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith Oct 2018

Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith

Loyola of Los Angeles Entertainment Law Review

Self-driving vehicles have the potential to revolutionize transportation for all Americans and will be especially beneficial for the more than fifty-seven million Americans with a disability. This Note offers a primer on a rapidly-developing area of law and policy that will permanently alter how Americans interact with transportation. While public availability of autonomous vehicles is anticipated as early as next year, widespread use of these vehicles is likely at least a decade away. The lag between current-day prototypes and future widespread public availability provides lawmakers, self-driving vehicle manufacturers, and the disability community an important opportunity to work together to shape ...


Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan Oct 2018

Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan

Loyola of Los Angeles Entertainment Law Review

Gender-based wage discrimination in professional sports is wide-spread. Female athletes, competing individually or as part of a team, are consistently paid substantially less than their male counterparts. To combat such discrimination and eliminate the gender pay gap, Congress passed the Equal Pay Act (“Act”) in 1963. While born of good intentions, the Act falls drastically short of its intended goal. Its restrictive language—specifically, its “same establishment” requirement—excludes separately owned teams. As most men’s and women’s professional sports teams are separately owned, their players are effectively barred from bringing wage-discrimination claims. This Note proposes two ways of ...


When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei Oct 2018

When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei

Loyola of Los Angeles Entertainment Law Review

Even after the International Olympic Committee’s quick and harsh response to the “black power salute” in the 1968 Olympic Games— positing that the apolitical Olympic Games were not a suitable venue for domestic political statements—athletes continued using their platform to protest human rights violations. Should such conduct be allowed? Are athletes entitled to display their political opinions on the field? Or should athletic organizations be allowed to regulate their athletes’ protests and political speech in the arena? On the one hand, freedom of speech is a fundamental human right. On the other, sports have a long history of ...


Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson Oct 2018

Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson

Loyola of Los Angeles Entertainment Law Review

The Fourth Circuit’s recent decision in Class v. Towson University threatens the rights guaranteed to disabled persons under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (“Rehab Act”). The Acts demand that disabled persons not be excluded from activities based on unsubstantiated paternalistic concerns, and, where exclusion occurs, the Acts entrust courts to evaluate whether exclusion was warranted in light of the best available objective evidence. This Comment argues that by deferring to the speculative fears and subjective judgment of Towson University—the very entity accused of violating the ADA and Rehab Act ...


It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos Oct 2018

It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos

Journal Articles

No abstract provided.


The Law Of Advertising Outrage, Mark Bartholomew Oct 2018

The Law Of Advertising Outrage, Mark Bartholomew

Journal Articles

This article examines the stimulation of audience outrage, both as a marketing strategy and as a subject of legal regulation. A brief history of advertising in the United States reveals repeated yet relatively infrequent attempts to attract consumer attention through overt transgressions of social norms relating to sex, violence, race, and religion. Natural concerns over audience reaction limited use of this particular advertising tactic as businesses needed to be careful not to alienate prospective purchasers. But now companies can engage in “algorithmic outrage”—social media advertising meant to stimulate individual feelings of anger and upset—with less concern for a ...


Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr Sep 2018

Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr

Chicago-Kent Law Review

No abstract provided.


"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman Sep 2018

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used ...


Applying The Statutory Cover License To Mashup Covers And Medleys, Paulina Lopez Aug 2018

Applying The Statutory Cover License To Mashup Covers And Medleys, Paulina Lopez

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


Indigenous Appropriation And Protections Provided By Intellectual Property Law, Kadeidra Baker Aug 2018

Indigenous Appropriation And Protections Provided By Intellectual Property Law, Kadeidra Baker

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


How Dangerous Are Youth Sports For The Brain? A Review Of The Evidence, Carly Rasmussen, Sydney Diekmann, Christine Egan, Tyler Johnson, Francis X. Shen Aug 2018

How Dangerous Are Youth Sports For The Brain? A Review Of The Evidence, Carly Rasmussen, Sydney Diekmann, Christine Egan, Tyler Johnson, Francis X. Shen

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


The Claim Game: Analyzing The Tax Implications Of Student-Athlete Insurance Policy Payouts, Kathryn Kisska-Schulze, Adam Epstein Aug 2018

The Claim Game: Analyzing The Tax Implications Of Student-Athlete Insurance Policy Payouts, Kathryn Kisska-Schulze, Adam Epstein

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Mls Promotion! Can Mls's Single Entity Status Protect It From "Pro/Rel"?, Brendan H. Ewing Aug 2018

Mls Promotion! Can Mls's Single Entity Status Protect It From "Pro/Rel"?, Brendan H. Ewing

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


When The Ink Dries, Whose Tatt Is It Anyway? The Copyrightability Of Tattoos, Chandel Boozer Aug 2018

When The Ink Dries, Whose Tatt Is It Anyway? The Copyrightability Of Tattoos, Chandel Boozer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Huge Win For Equal Pay: Women's National Teams Grab Their Biggest Victories Yet In Recent Contract Disputes, Patrick C. Coyne Aug 2018

A Huge Win For Equal Pay: Women's National Teams Grab Their Biggest Victories Yet In Recent Contract Disputes, Patrick C. Coyne

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Betting Against Paspa: Why The Federal Restrictions On Sports Gambling Are Unconstitutional And How They Hurt The States, Christopher Polisano Aug 2018

Betting Against Paspa: Why The Federal Restrictions On Sports Gambling Are Unconstitutional And How They Hurt The States, Christopher Polisano

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Million Dollar Babies Do Not Want To Share: An Analysis Of Antitrust Issues Surrounding Boxing And Mixed Martial Arts And Ways To Improve Combat Sports, Daniel L. Maschi Aug 2018

Million Dollar Babies Do Not Want To Share: An Analysis Of Antitrust Issues Surrounding Boxing And Mixed Martial Arts And Ways To Improve Combat Sports, Daniel L. Maschi

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


2001 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2001 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2002 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2002 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2000 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2000 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2009 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2009 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2008 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2008 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2005 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2005 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2004 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2004 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


2006 Arbitration Hearings Chart, Edmund P. Edmonds Jul 2018

2006 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.