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Breaking the Broadcast Huddle: How College Football Conferences’ Bundling of Broadcast Rights Could Harm Student Athletes
By Edwin A. Farley Download the article here: Breaking the Broadcast Huddle: How College Football Conferences’ Bundling of Broadcast Rights Could Harm Student Athletes. Recent realignment activity between collegiate athletic conferences reveals how the sale of broadcast rights and the treatment of student athletes, including their compensation, are connected. The pursuit of greater revenue from broadcast rights for […]
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Dartmouth Men’s Basketball Team Makes History as First College Team to Vote to Unionize
By Nefertari Elshiekh On March 5th, Dartmouth’s men’s basketball team voted 13-2 to become the first college sports team to unionize–a historic step toward recognizing college athletes as employees. However, their legal battle is far from over. National Relations Labor Board (“NLRB”) Regional Director Laura A. Sacks found that Dartmouth athletes are employees under the […]
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What’s Copyright Got to Do, Got to Do With It?
By Shayna Toh The “cockroach of Broadway” seems to keep cashing checks. Despite the sneering term that veteran theatre critic Jesse Green used to describe jukebox musicals, the genre has dominated Broadway in recent years. In an industry that always seems to battle existential threats and huge financial losses—twelve current Broadway productions are slated to […]
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Supreme Court Considers Whether President Trump’s Name May Be Trademarked to Ridicule Him
By Alec Winshel In November 2023, the Supreme Court heard oral arguments in Vidal v. Elster. Their coming opinion will be the high court’s latest pronouncement on the relationship between trademark law and the First Amendment’s free speech protections. In my view, the Supreme Court should use Vidal v. Elster to clarify that trademarks are […]
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Enabling the Non-Elite: Imagining International Football Tournaments for Mid- and Bottom-Table Teams
By Martin Skladany, Law Professor, Penn State University, Dickinson Law The inequality between the gilded elite football clubs and all other teams is widening. One way to address this concern is to create more European football tournaments for the clubs most people live next to. Specifically, the Union of European Football Associations (“UEFA”) should establish two new tournaments—one for […]
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Free Speech is a Funny Thing: Jack Daniel’s Properties v. VIP Products Narrows First Amendment Protections for Trademark Usage
Image Courtesy of Foodie Factor/Pixabay By Alec Winshel In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Supreme Court held that the First Amendment does not protect use of another’s trademark as a signifier of one’s own product. Trademarks are words or symbols that identify a seller’s goods and distinguish them from others in […]
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Hollywood Unions Take Different Approaches to AI Protections
Both the DGA and WGA Negotiated AI Guardrails with the AMPTP. Can SAG-AFTRA? By Hugh Reynolds The 148-day writers’ strike ended when the Writers’ Guild of America (WGA) ratified their contract with the Alliance of Motion Picture and Television Producers (AMPTP) on October 9th. This newly secured deal runs from until May 31, 2026, and […]
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A New Kind of Contract for a New Kind of Entertainment Industry
By Shayna Toh The recent return of familiar hosts to late night TV after a five-month hiatus marked the beginning of the end to one of the entertainment industry’s biggest battles in recent years. On October 2nd, the Writers Guild of America (WGA) voted to end their 148-day long strike, allowing over 11,000 writers to […]
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AI Generated Video Games Are Coming: How Do Game Developers Protect Rights in Their IP?
Stuart Irvin,[*] Winslow Taub[†] and Sam Jungyun Choi[‡] Click here to download a PDF of this article. AI generated video games are coming. What remedies does a video game publisher have when its game is used to train an AI model? If the resulting model generates a new game in the same genre, under what […]
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Authors File Complaint Against OpenAI for Copyright Infringement
By: Alec Winshel Last month, Mona Awad and Paul Tremblay filed a lawsuit against OpenAI for infringement of their works. The complaint is another in a series of cases filed by Matthew Butterick and the Joseph Saveri Law Firm that mount legal challenges against companies developing AI-powered large language models. These models, often referred to as LLMs, are algorithms that […]
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ESTABLISHMENT OF THE NBA “BUBBLE” GUIDELINES FOR THE RESUMPTION OF THE 2019-20 SEASON
(PDF Version Here) Eric Zilber[*] TABLE OF CONTENTS[†] Introduction COVID-19 Background The Challenges Facing the NBA Initial Planning The “Bubble” Emerges as a Front-Runner “Bubble” Plans Solidify and the Protocols Phase One Phase Two Phase Three Phase Three-A Phase Four Phase Five Phase Six Conclusion Exhibit A – Spread of COVID-19 Exhibit B – ESPN […]
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All I Want for Christmas is Full Damages for Copyright Infringement
By: Daniel Imakyure Introduction In June 2022, Andy Stone, a.k.a. Vince Vance, brought a copyright infringement action in the US District Court of the Eastern District of Louisiana against singer Mariah Carey, producer Walter Afanasieff, and Sony Music Entertainment.[1] Stone alleged that Carey’s record-breaking[2] holiday standard “All I Want for Christmas is You,” released on […]