Publication: Entertainment, Arts and Sports Law Journal

Collateralization of Music Royalties as an Alternative to Sale

Introduction There are financing alternatives to catalog sales. There are companies1 that provide financing, funding, and financial alternatives to artists, producers, songwriters, and composers, which enable creators to monetize their future music royalties, maintain current royalty income, and 100% ownership of their copyrights. This article discusses the history of royalty advances as an alternative to catalog … Continued

The Warhol Court’s Failure to Recognize Image Licensing for Editorial Purposes Is Bad News for Content Providers

In Justice Kagan’s compelling dissent in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, she states that “it’s a good thing the majority isn’t in the magazine business.”1 Justice Kagan comes to this conclusion after asking us to imagine that we are the editor of Vanity Fair, publishing an article about the musician known as Prince, … Continued

Title IX and College Campus Sexual Assault

The year 2023 was the 51st anniversary that Title IX of the Education Amendments of 1972 became federal law, providing women more equitable opportunities. Colleges and universities over the past several years have experienced a bevy of litigation involving student-on-student sexual assaults.1 The majority of these suits assert Title IX causes of action.2 Typically, at the college level … Continued

Steamboat Willie Cruises Into the Public Domain

The Copyright Act ensures that its protections extend to creative works even after the death of the author. However, no copyright can last forever, and, as of January 1, 2024, an iconic American cartoon has now entered the public domain: Steamboat Willie.1 For those unfamiliar with Disney lore, the cartoon is synonymous with the character we know … Continued

Resolution Alley: Considering Multiple Modalities of Alternative Dispute Resolution

Resolution Alley is a column about the use of alternative dispute resolution in the entertainment, arts, sports, and other related industries. Throughout the various subjects covered in this column, I have focused each one almost exclusively on one type or modality of alternative dispute resolution (ADR) process (e.g., arbitration, mediation, or negotiation). And even when … Continued

Remarks From the Chair

I am honored to be taking over the role of Chairperson of the Entertainment, Arts and Sports Law (EASL) Section of the New York State Bar Association for the 2024-26 term. Even more importantly, I’m excited about what lies ahead for our vibrant Section — and for what we have already managed to accomplish so … Continued

Practical Financial Planning Wills or Trusts and What Kind?

This article does not constitute investment advice. You should always check with your advisors for guidance based on your specific goals and circumstances. We have received many questions from clients about trusts, specifically revocable living trusts (though most did not know what they were called). Also known as a revocable trust or living trust, this … Continued

NYSBA Guidelines for Obtaining MCLE Credit for Writing

Under New York’s Mandatory CLE Rule, MCLE credits may be earned for legal research-based writing, directed to an attorney audience. This might take the form of an article for a periodical, or work on a book. The applicable portion of the MCLE Rule, at Part 1500.22(h), states: Credit may be earned for legal research-based writing … Continued

Sports and Entertainment Immigration: Name, Image, and Likeness and International Student-Athletes, and College Basketball Goes Global (Kind Of)

As the old saying goes, “new year, new me.” Its origins are unknown, but generally speaking, we can trace them back to the Babylonians, as per The History Channel website. To quote its “The History of New Year’s Resolutions” webpage: The ancient Babylonians are said to have been the first people to make New Year’s … Continued