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Harvard JSEL

The Harvard Journal of Sports and Entertainment Law (“JSEL”) provides the academic community, the sports and entertainment industries, and the legal profession with scholarly analysis and research related to the legal aspects of the sports and entertainment world.

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intellectual property

Free Speech is a Funny Thing: Jack Daniel’s Properties v. VIP Products Narrows First Amendment Protections for Trademark Usage

JSEL · December 28, 2023 · Leave a Comment

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 … [Read more...] about Free Speech is a Funny Thing: Jack Daniel’s Properties v. VIP Products Narrows First Amendment Protections for Trademark Usage

Filed Under: Commentary, Highlight Tagged With: entertainment, intellectual property, licensing, Litigation, trademark

Authors File Complaint Against OpenAI for Copyright Infringement

JSEL · July 25, 2023 · Leave a Comment

screen showing information about ChatGPT

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 … [Read more...] about Authors File Complaint Against OpenAI for Copyright Infringement

Filed Under: Commentary, Highlight, Updates Tagged With: copyright, entertainment, intellectual property, Litigation, publicity rights, trademark

Copyright Has a Preemption Problem That’s Destined for the Supreme Court

JSEL · December 9, 2022 · Leave a Comment

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 for nearly a … [Read more...] about Copyright Has a Preemption Problem That’s Destined for the Supreme Court

Filed Under: Commentary Tagged With: copyright, entertainment, intellectual property, Litigation, publicity rights

Supreme Court Considers the Future of Copyright’s Fair Use Doctrine

JSEL · November 5, 2022 · Leave a Comment

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 probed … [Read more...] about Supreme Court Considers the Future of Copyright’s Fair Use Doctrine

Filed Under: Commentary Tagged With: art, copyright, entertainment, intellectual property, photography, publicity rights

Interview with Patrick Ragen, Associate at Ziffren Brittenham

JSEL · May 8, 2021 ·

JSEL recently sat down with Patrick Ragen, an Associate at Ziffren Brittenham in Los Angeles, which specializes in negotiating, structuring, and executing transactions in the entertainment and media industries. Patrick is an attorney in the firm's film and television group, … [Read more...] about Interview with Patrick Ragen, Associate at Ziffren Brittenham

Filed Under: Interviews Tagged With: Contract, copyright, entertainment, intellectual property, movies, television

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