Copyright Has a Preemption Problem That’s Destined for the Supreme Court
By: Alec Winshel Fans of radio personality Howard Stern and legendary rapper 50 Cent had reason to rejoice in 2013 when the two sat down for an interview on The Howard Stern Show. After discussing rap feuds and the joys of meeting Oprah, the celebrities parted ways...
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Supreme Court Considers the Future of Copyright’s Fair Use Doctrine
By: Alec Winshel On October 12th, the Supreme Court heard oral arguments in the case of The Andy Warhol Foundation for the Visual Arts Inc v. Goldsmith. Litigants traded arguments scrutinizing the boundaries of artistic license while Justices lobbed hypotheticals that...
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Racism and The Rooney Rule: How American and English Football Are Looking To Tackle The Problem.
By: Lincoln T. Lair[1] Despite their differences, English Football (association football) and American Football share many similarities. They are both the most watched sport in their respective countries, fans revolve their weekends and lives around their team or...
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Dawn of the Dead: Virtual Avatars & New York’s Right of Publicity
By: Dhruva Krishna I. Virtual Avatars: Lazarus to Luke Skywalker, Deepfakes to Dystopia Virtual avatars are digital recreations of an individual or their performance. Entertainers now regularly appear in all forms of media as virtual avatars–in video games, as...
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Exploring the NCAA’s Antitrust Arguments Ahead of Oral Argument in NCAA v. Alston
Cert Granted in Alston: Revisiting Board of Regents and the Uniqueness of Antitrust Law’s Applicability to Sports in Light of the NCAA’s Cert Petition As Congress debates federal legislation on the subject of publicity rights for student-athletes, the NCAA...
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Regulating the Blanket License: A Path Towards Terminating the ASCAP/BMI Consent Decrees
Regulating the Blanket License: A Path Towards Terminating the ASCAP/BMI Consent Decrees By Dallin Earl Dallin Earl is a 2020 graduate of Harvard Law School and former president of the Recording Artists Project at HLS. The introduction to Regulating the Blanket...
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Music, Fashion, Sports, and Entertainment Amidst the Pandemic: About the Author
Loren Cheri Shokes received her J.D. from Harvard Law School (2017), her B.A., summa cum laude, from the University of California, Los Angeles (2013), and is the author of Life After Death: How to Protect Artists’ Post-Mortem Rights, 9 Harv. J. Sports & Ent. L. 27...
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See You in Court? How the University of Memphis and James Wiseman Defying the NCAA Has Sparked Discussion about Association Rules
The National Collegiate Athletic Association (NCAA) on Friday made news for attempting to sideline two of its biggest stars. Memphis basketball player James Wiseman and Ohio State football player Chase Young each face allegations from the NCAA of financial misconduct...
read moreTechnical Foul: When Anticorruption Enforcement in Sports Goes Too Far
By Ross Evans ’20 Editor’s Note: In light of the March 6th sentencing of the defendants in United States v. Gatto (the first NCAA hoops corruption trial), we wanted to share a piece—written by our managing editor (Ross Evans ’20) and published on The Global...
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Convicting Celebrities: How the Morals Clause Continues to Shape American Culture
By Stuart N. Brotman Matt Lauer and Louis C.K. may be the latest answers on Jeopardy. But here is the real question: How do you control talent behavior in the entertainment and media fields? This inquiry has been posed for over 80 years now. When Hollywood had a...
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Is Real-World Protection Available for Fictional Fashions?
By Douglas Hand, Jr. and Marc S. Reiner[1] I. Introduction Englishman Charles Frederick Worth is credited as the father of the modern fashion industry in the nineteenth century.[2] Through his brand – House of Worth – he was the first designer to create...
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Influence of the Private Enforcement of Competition Law on Sport in the European Union against the United States Law Background
This commentary piece was written by Dr hab. Marek Krzysztof Kolasiński, professor at Nicolaus Copernicus University in Toruń, and was submitted in conjunction with Professor Kolasiński’s recent interview with JSEL which can be found here. Influence of the...
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