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
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
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 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
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
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
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
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