Publication: Entertainment, Arts and Sports Law Journal

What Tarantino Can Teach Us About NFTs

What do Quentin Tarantino and non-fungible tokens (NFTs) have in common? Both are quite popular among college-aged males and just as controversial. Legal professionals have had to quickly understand NFTs in order to answer increasing queries from clients seeking to turn to this blockchain-based tool that opens a sea of possibilities for creators across industries. Miramax, … Continued

‘We’re Gonna Rock Down to’ . . . Copyright Protection: The Unauthorized Use of ‘Electric Avenue’ and Other Popular Music in Political Campaigns During the Social Media Era

Introduction Music has been used in political campaigns in the United States for centuries.1 President Lincoln used “Abraham’s Tea Party” and “‘Abraham’ Our Abraham!,” Franklin Roosevelt used “Happy Days Are Here Again,” written by Milton Ager and Jack Yellen, and Ronald Reagan used Bruce Springsteen’s “Born in the USA” to “inspire, motivate and energize” their campaigns.2 Since the … Continued

Three Things to Know About Evolving Entertainment Law Issues in 2022

1. New York’s New(ish) Anti-SLAPP Law Is Getting Road-Tested In late 2020, amidst the tumult of the most recent United States presidential election and the height of the COVID-19 pandemic, then-New York Governor Andrew Cuomo approved a significant expansion of the state’s anti-SLAPP1 protections, which afford defendants an expedited path out of unmeritorious and censorious litigation … Continued

Sports and Entertainment Immigration: Tennis, Global Talent, Immigrant Stories, and Texas

In this edition of Sports and Entertainment Immigration, we will look at some matters that are flatly non-U.S. based, like Novak Djokovic’s issues with Australia; others that are quasi-U.S. based, like the UK’s fast-track visa offering to Oscar and Grammy winners; and those that are staunchly American, like “Telling Authentic Immigrant Stories: A Reference Guide … Continued

Resolution Alley: Handling Seemingly Irreconcilable Expert Opinions

The use of expert witnesses has become ubiquitous in court litigation and arbitration, but it has also found a home in contract negotiations and mediations to resolve all types of disputes. Expert opinions are necessary in the entertainment, arts, and sports fields because many negotiations and disputes involve technical subject matter, rely heavily on industry … Continued

Remarks From the Chair

Thank you for the opportunity to serve as Chairperson of the Entertainment, Arts and Sports Law (EASL) Section. I am grateful to the members of the Nominating Committee, EASL’s Executive Committee, and EASL members for the trust that you have placed in me. I intend to uphold the level of excellence established by previous EASL … Continued

The Patchwork Problem: A Need for National Uniformity to Ensure an Equitable Playing Field for Student-Athletes’ Name, Image, and Likeness Compensation

I. Introduction Student-athlete1 compensation in the National Collegiate Athletic Association (NCAA) has historically been limited to awarding academic scholarships.2 Recently, many states have passed laws giving student-athletes the ability to monetize their names, images, and likenesses (NIL).3 The growing patchwork of state legislation, however, invites inconsistent application and interpretation of NIL laws. This gives rise to an important … Continued

Meghan’s Win in the Court of Appeal

Most fairy tales conclude with a happy ending, unless they were written by the Brothers Grimm,1 and while the ending for Meghan Markle in her privacy fight against the British tabloid the Mail on Sunday has ended happily for her, it is a grim result for the newspaper. Her success may be somewhat of a turn around in … Continued