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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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publicity rights

Authors File Complaint Against OpenAI for Copyright Infringement

JSEL · July 25, 2023 · Leave a Comment

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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

Dawn of the Dead: Virtual Avatars & New York’s Right of Publicity

JSEL · September 29, 2021 ·

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 … [Read more...] about Dawn of the Dead: Virtual Avatars & New York’s Right of Publicity

Filed Under: Commentary Tagged With: entertainment, publicity rights, virtual avatars, virtual reality

The NIL Era Has Arrived: What the Coming of July 1 Means for the NCAA

JSEL · July 1, 2021 ·

From September 2019—when California became the first state to pass a name, image, and likeness (NIL) law—until now, the intercollegiate athletic community has fielded a deluge of new enacted and proposed regulations from states, Congress, the NCAA, and now individual … [Read more...] about The NIL Era Has Arrived: What the Coming of July 1 Means for the NCAA

Filed Under: Highlight Tagged With: Antitrust, college athletics, college sports, NCAA, NIL, publicity rights

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