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Nysba Spring 2016 | Vol NYSBA SPRING 2016 | VOL. 27 | NO. 1 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association WWW.NYSBA.ORG/EASL NEW YORK STATE BAR ASSOCIATION Section Members get In The Arena: 20% discount* A Sports Law Handbook with coupon code PUB8295N Co-sponsored by the New York State Bar Association and the Entertainment, Arts and Sports Law Section As the world of professional athletics has become more competitive and the issues more complex, so has the need for more reliable representation in the fi eld of sports law. Written by dozens of sports law attorneys and medical professionals, In the Arena: A Sports Law Handbook is a refl ection of the multiple issues that face athletes and the attorneys who represent them. Included in this book are chapters on representing professional athletes, NCAA enforcement, advertising, sponsorship, intellectual property rights, doping, concussion-related issues, Title IX and dozens of useful appendices. Table of Contents Intellectual Property Rights and Endorsement Agreements How Trademark Protection Intersects with the Athlete’s Right of Publicity EDITORS Collective Bargaining in the Big Three Elissa D. Hecker, Esq. Agency Law David Krell, Esq. Sports, Torts and Criminal Law PRODUCT INFO AND PRICES Role of Advertising and Sponsorship in the Business of Sports 2013 | 539 pages | softbound Doping in Sport: A Historical and Current Perspective | PN: 4002 Athlete Concussion-Related Issues Non-Members $80 Concussions—From a Neuropsychological and Medical Perspective NYSBA Members $65 In-Arena Giveaways: Sweepstakes Law Basics and Compliance Issues Order multiple titles to take advantage of our low fl at rate shipping charge of $5.95 per order, regardless Navigating the NCAA Enforcement Process of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the Title IX continental U.S. Shipping and handling charges for orders shipped outside the continental U.S. will be Mascots: Handle With Care based on destination and added to your total. An Introduction to European Union Sports Law *Discount good until June 10, 2016 Dental and Orofacial Safety Get the Information Edge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB8295N Table of Contents Page Remarks from the Chair .....................................................................................................................................................4 Editor’s Note .......................................................................................................................................................................5 Pro Bono Update .................................................................................................................................................................6 Law Student Initiative Writing Contest ...........................................................................................................................8 The Phil Cowan Memorial/BMI Scholarship Writing Competition ...........................................................................9 NYSBA Guidelines for Obtaining MCLE Credit for Writing .....................................................................................11 New York State Bar Association Memorandum in Support: Proposed Legislation to Exempt Attorneys from the Licensing Requirements of the Theatrical Employment Agencies ...................................................................................................................12 Our Bums ...........................................................................................................................................................................15 (David Krell) The Google Book Project Is Here to Stay .......................................................................................................................16 (Joel L. Hecker) Strike One…You’re Out! An Analysis of Whether College Athletes Possess a First Amendment Right to Strike ....................................20 (Eric D. Bentley) Flo & Eddie Strike Back: Public Performance Rights in Pre-1976 Sound Recordings .............................................23 (Noah Drake) New York State Bar Association Entertainment, Arts and Sports Law Section Annual Meeting Program ...........................................................................................................................................28 Regulation of Bute and Lasix in New York State..........................................................................................................63 (Bennett Liebman) Refereeing Injuries in Professional Contact Sports: Should Misconduct Be Offi ciated in the Court or On It? .......................................................................................70 (Eryhn Won) RESOLUTION ALLEY: Solving Fair Use Disputes Through Mediation and Early Neutral Evaluation .....................76 (Theodore K. Cheng) Entertainment Immigration: A Questionable Use of H-1B Visas Is Both a Distraction and an Offense ..............79 (Michael Cataliotti) Should the Russian Federation Control Its National Sports Federations? ...............................................................83 (Sergey Yurlov) Krell’s Korner: A Copyright Battle .................................................................................................................................85 (David Krell) NYSBA Entertainment, Arts and Sports Law Journal | Spring 2016 | Vol. 27 | No. 1 3 Remarks from the Chair I am very glad the dance world. The issues with which the lawyer volun- to continue on my teers are presented during our Pro Bono Clinics are often EASL journey by challenging, and provide a mutually satisfying experience making it to “Ma- for both counsel and client. dame Chair,” as I On March 8th, our ADR Committee Co-Chairs, am being called by Elayne Greenberg and Judith Prowda, presented a some of my fellow 50-minute CLE entitled “The Danger Of Falling In Love Executive Commit- with Your Case.” The discussion included examples in tee members. At least the entertainment, arts and sports world where optimistic I think I heard that overconfi dence prevented a lawyer from getting an opti- correctly. At any rate, mal resolution for the client. I am and remain ex- tremely proud of the On March 23rd, the EASL Diversity Committee, an- wonderful individuals who are the dedicated, innovative other one of the hardest working and most active of our and brilliant EASL team. Section, held its fi rst meeting of 2016 at Cardozo Law School. The topic of the meeting was “Writer or Biter: Steve Rodner’s exemplary, and possibly historic, ten- Sampling and Co-Authorship in Pop, Urban and Dance ure ended with a fabulous Annual Meeting with a fi rst- Music.” ever “Members” meeting for a few committees (Theatre and Performing Arts, Television and Radio, Publications, On March 30th-31st, our now Annual CLE for Theater Fine Arts, and ADR) and two vastly different but incred- Lawyers (with the Commercial Theater Institute) was ible CLE panels. The fi rst panel was about new licensing organized by Second Vice Chair Jason Baruch at a down- models for music rights, including “blockchains.” This town rehearsal studio. The presenters and audience pro- topic brought together some of the top innovators in a vided the theatrics. discussion of a very complex and of-the-moment tech- nology that seems to keep up with the needs of modern On May 5th, we will be offering our fabulous EASL music licensing. The second panel was an in-depth and Spring Meeting, and on June 8th, we will be offering an- dramatic presentation of the destruction and plunder- other NYSBA CLE-sponsored program to the entire ing of World Heritage sites (including ancient artifacts, NYSBA membership. The panel will be a new variation of primarily in war-torn areas of the world) by terrorist the “Introduction to Entertainment Law,” combining organizations who use the illicit plunder to fund their ac- hands-on experience/examples and case studies, with tivities. It was heartbreaking and terrifying. I again thank some basic concepts and principles, from some of the Joyce Dollinger and Robert Thony for their terrifi c work main disciplines of the practice. Former EASL Section in programming the fi rst panel, and Irina Tarsis, with her Chairs Steve Rodner and Rosemarie Tully are organizing equally amazing work, with the second. All three of them this event with me, and the day-long event will be an in- worked independently after pitching their programs, sightful and interesting experience for both practitioners and achieved superior results in fi nding panel members and those interested in the fi eld. and topics. Our off-site reception followed the program Of course, many more seminars are in the scheduling at one of our regular hangouts, “Bill’s Bar and Burger” in and planning phases, and I hope to have more informa- Rockefeller Plaza, where the onion rings are large and the tion about those soon—so keep an eye out for future an- milkshakes are small, but fi erce. There was an open bar as nouncements. We will also have a variety of “non CLE” well. social and networking events planned for the second part February 28th brought our most recent Pro Bono of the year, as EASL has a reputation to live up to! Clinic, in conjunction with the IP Section, at Dance/ NYC’s Annual Symposium, held at the Gibney Dance Until next time, Center near City Hall. As a returning volunteer, I knew Diane Krausz that it would be
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