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

Entertainment, Arts & Sports Law Section Annual Meeting Program January 18, 2024 Section Chair: Ethan Bordman, Section Chair, Attorney & Counselor, Ethan Y. Bordman, PLLC, Ridgewood, NJ Program Chairs: Judith B. Bass, EASL 2nd Vice-Chair, EASL Literary Works and Related Rights Committee Co-Chair, Law Offices of Judith B. Bass, New York, NY Anne Louise LaBarbera, … Continued

Introduction This article aims to explore and address a critical issue at the intersection of tax law and sports: The impact of the “Kiddie Tax” on low-income college athletes in the context of recent name, image, and likeness (NIL) policy changes. Understanding and addressing the tax implications for these athletes is important in attempting to … Continued

The Entertainment, Arts and Sports Law (EASL) Section of the New York State Bar Association offers an initiative giving law students a chance to publish articles both in the EASL Journal as well as on the EASL website. The Initiative is designed to bridge the gap between students and the entertainment, arts and sports law communities and … Continued

2023 was a banner year for fair use decisions at the Supreme Court, with the justices electing to rein in both the concept of transformativeness under copyright law in Warhol v. Goldsmith1 and the First Amendment-accommodating Rogers test in Jack Daniel’s v. VIP Products.2 While much ink was spilled in the days immediately following these decisions regarding their predicted impact, we … Continued

Since July 1, 2021, when the NCAA peeled back much of its draconian measures that prevented college athletes from exploiting their publicity rights (commonly referred to as their names, images, and likenesses or, NIL) for commercial gain, a type of corporate entity has developed and gained prominence in the space. This corporate entity is commonly … Continued

This issue is so full of interesting articles, from the Annual Meeting transcript to the expiration of copyright for the original Mickey Mouse, to the Warhol Supreme Court decision and its potential aftermath, among others. We have two excellent Phil Cowan-Judith Bresler Memorial Scholarship winners and, of course, our esteemed columnists who help all of us be … Continued

The United States Constitution contains provisions that support the right to a trial by an impartial jury in both criminal and civil cases. As the Sixth Amendment explicitly states, “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein … Continued

In May 2019, French actress Eva Green (“Casino Royale,” “Penny Dreadful,” “300: Rise of An Empire”) was hired to star in “A Patriot” (the project), a U.K. film project that collapsed shortly before filming was to start. By October of that year, the project’s American bridge lender (the bridge lender) sought return of Green’s $1 million pay-or-play fee, leading … Continued

Joel L. Hecker1 In a decision dated May 18, 2023, the U.S. Supreme Court affirmed the Second Circuit Court of Appeals decision, which found that the Andy Warhol Foundation (AWF) had infringed Lynn Goldsmith’s copyright in her photograph of the musical artist Prince. The decision set new parameters for evaluating the first fair use factor … Continued