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Harvard Journal of Sports and Entertainment Law

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Commentary

Copyright Has a Preemption Problem That’s Destined for the Supreme Court

JSEL · December 9, 2022 · Leave a Comment

By: Alec Winshel Fans of radio personality Howard Stern and legendary rapper 50 Cent had reason to rejoice in 2013 when the two sat down for an interview on The Howard Stern Show. After discussing rap feuds and the joys of meeting Oprah, the celebrities parted ways for nearly a … [Read more...] about Copyright Has a Preemption Problem That’s Destined for the Supreme Court

Filed Under: Commentary Tagged With: copyright, entertainment, intellectual property, Litigation, publicity rights

Supreme Court Considers the Future of Copyright’s Fair Use Doctrine

JSEL · November 5, 2022 · Leave a Comment

By: Alec Winshel On October 12th, the Supreme Court heard oral arguments in the case of The Andy Warhol Foundation for the Visual Arts Inc v. Goldsmith. Litigants traded arguments scrutinizing the boundaries of artistic license while Justices lobbed hypotheticals that probed … [Read more...] about Supreme Court Considers the Future of Copyright’s Fair Use Doctrine

Filed Under: Commentary Tagged With: art, copyright, entertainment, intellectual property, photography, publicity rights

Racism and The Rooney Rule: How American and English Football Are Looking To Tackle The Problem.

JSEL · April 11, 2022 · Leave a Comment

By: Lincoln T. Lair[1] Despite their differences, English Football (association football) and American Football share many similarities.  They are both the most watched sport in their respective countries, fans revolve their weekends and lives around their team or club’s … [Read more...] about Racism and The Rooney Rule: How American and English Football Are Looking To Tackle The Problem.

Filed Under: Commentary Tagged With: football, NFL, Premier League, Soccer

Dawn of the Dead: Virtual Avatars & New York’s Right of Publicity

JSEL · September 29, 2021 ·

By: Dhruva Krishna   I. Virtual Avatars: Lazarus to Luke Skywalker, Deepfakes to Dystopia Virtual avatars are digital recreations of an individual or their performance. Entertainers now regularly appear in all forms of media as virtual avatars–in video games, as … [Read more...] about Dawn of the Dead: Virtual Avatars & New York’s Right of Publicity

Filed Under: Commentary Tagged With: entertainment, publicity rights, virtual avatars, virtual reality

Exploring the NCAA’s Antitrust Arguments Ahead of Oral Argument in NCAA v. Alston

Eli Nachmany · January 2, 2021 ·

Cert Granted in Alston: Revisiting Board of Regents and the Uniqueness of Antitrust Law's Applicability to Sports in Light of the NCAA's Cert Petition As Congress debates federal legislation on the subject of publicity rights for student-athletes, the NCAA works to rebound from … [Read more...] about Exploring the NCAA’s Antitrust Arguments Ahead of Oral Argument in NCAA v. Alston

Filed Under: Commentary Tagged With: Antitrust, college athletics, Labor, Litigation, NCAA, publicity rights, sports

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Journal of Sports and Entertainment Law: jsel@mail.law.harvard.edu

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