Publication: Entertainment, Arts and Sports Law Journal

The Summer of Hollywood Strikes and Why This Time Feels Different

Nearly four decades ago, technocratic visionary James Cameron gave the world a rather ominous taste of artificial intelligence (AI) by way of The Terminator. Skynet, the AI system of the future, sends Arnold Schwarzenegger’s gun toting cyborg to the year 1984, on a mission to kill Sarah Connor and initiate the extinction of the entire human … Continued

Sports and Entertainment Immigration: Dance in Immigration; Temporary Protected Status (TPS), and Florida Being Florida

In the world of immigration, specifically, U.S.-based immigration, there is rarely ever a quiet moment. This often includes humanitarian aspects, like temporary protected status (TPS), and the like; other times, things that might not ordinarily seem related to immigration. As a result of all of this, in this edition of Sports and Entertainment Immigration, we are … Continued

SOCAN v. ESA and the Making Available Right in Canada, the United States, the European Union, and Hong Kong

In SOCAN v. ESA,1 the Supreme Court of Canada (SCC) ruled on the interpretation of the making available right in § 2.4(1.1) of the Copyright Act of Canada.2 Citing the principle of technological neutrality, the SCC rejected the proposition that two separate royalties are payable for the making available and the streaming of a work. Instead, the SCC … Continued

Resolution Alley: Arbitration Agreements Are Not Only for Future Disputes

Resolution Alley is a column about the use of alternative dispute resolution in the entertainment, arts, sports, and other related industries. With historical origins in the commercial and global trade arena, arbitration is generally intended to be a voluntary, consensual, and private adjudicatory process for dispute resolution. The parties engage a neutral, disinterested third-party (called … Continued

Remarks From the Chair

I hope everyone enjoyed their summer. EASL has been busy working on fall events and the January 2024 Annual Meeting. This is my final Remarks From the Chair, as my term will finish at the end of January 2024, soon after the year’s Annual Meeting. It has been a true pleasure to serve as chair … Continued

Proving Copyright Access in an On-Demand World

For many decades, courts have bemoaned the frequency at which they are presented with ill-conceived copyright infringement claims predicated “upon that obsessive conviction, so frequent among authors and composers, that all similarities between their works and any others which appear later must inevitably be ascribed to plagiarism.”1 This problem has been compounded by the digital revolution’s … Continued

Phil Cowan–Judith Bresler Memorial Scholarship Writing Competition

Law students, take note of this publishing and scholarship opportunity: The Entertainment, Arts and Sports Law Section of the New York State Bar Association (EASL)’s Phil Cowan-Judith Bresler Memorial Scholarship, named after two esteemed former EASL chairs, offers up to two awards of $2,500 each on an annual basis in Phil Cowan’s and Judith Bresler’s memories to … Continued

Non-Fungible Tokens: Uses in Intellectual Property and Current Issues in Trademark Law

Introduction On March 11, 2021, a work of art sold at Christie’s for $69,346,250.1 The sale of artwork—even at such a high price—generally receives little attention outside the art world. This auction, however, ignited a firestorm of media coverage, not because of the work’s provocative content or exceptional beauty—but because it did not exist in the … Continued

New U.S.-EU Data Privacy Framework Eases GDPR Compliance

As data privacy laws continue to expand at the state and global levels, companies that regularly collect, retain and process personally identifiable information (PII) face increasing administrative and legal burdens to keep their online platforms in line with a dizzying array of regulatory requirements. While California has taken the lead in the United States with … Continued