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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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Volume 14, Issue 2 is Live!
We are pleased to announce that our Summer Issue of Volume 14 has been released and is live here. We are so grateful for our authors and the incredible pieces that they wrote. First we have an essay by Professors Alex Sinatra and Trayveon Williams, College Athletics and NIL: Perspectives from a Practitioner and an […]
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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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The Future of NFL Broadcasting
By: Ben Reichard The first Sunday kicking off the 2022 NFL season was just days away. Like millions of fans across the country, I was both hopeful and anxious for how my team would start the season. But I had another reason to be nervous: I couldn’t figure out a way to watch my […]
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The College Football Playoff is Expanding: Are There Reasons for Concern?
By: Brandon McCoy The College Football Playoff (CFP) Board of Managers decided in September 2022 that they will expand the playoff from 4 teams to 12 teams as early as the 2024 season. Fans and teams alike welcomed the adoption of the current 4-team playoff, as it was seen as more equitable than the Bowl […]
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Volume 13, Issue 2 is now live!
The Harvard Journal of Sports and Entertainment Law is thrilled to share that Volume 13, Issue 2 is now live. The Issue begins with an essay from Professor Irene Calboli and Vera Sevastianova on the impact of the ongoing Russo-Ukraine conflict on fashion and trademark law. From there, this Issue of JSEL features four scholarly […]
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Volume 13, Issue 1 is now live!
The Harvard Journal of Sports and Entertainment Law is delighted to share that Volume 13, Issue 1 is now live. The Issue begins with a Foreword from Pepperdine Law Professor Maureen Weston on athlete mental health and the law. Professor Weston tragically lost her son Cedric Halloran last year, and Co-Editors-in-Chief Erin Savoie and Eli […]
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New Jersey Voters Reject Gambling on New Jersey College Athletics
In addition to voting in state and local elections last week, New Jerseyans passed judgment on a ballot question concerning betting on college sporting events in the state. The question read: “Do you approve amending the Constitution to permit wagering through casinos and current or former horse racetracks on all college sport or athletic events?” […]
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Understanding the NFL’s Removal of the La’el Collins Suit to Federal Court
By: Eli Nachmany Dallas Cowboys right tackle La’el Collins has filed suit against the National Football League (NFL), challenging part of his five-game suspension for failing to cooperate with league drug testing protocols. Various articles get into the back-and-forth between Collins and the NFL on the suspension, including Collins’s allegation that the NFL misled an […]