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Entertainment, Arts and Sports Law Journal a Publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association

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Entertainment, Arts and Sports Law Journal a Publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association NYSBA FALL/WINTER 2014 | VOL. 25 | NO. 3 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 PUB2810N 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 | 574 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 Navigating the NCAA Enforcement Process Order multiple titles to take advantage of our low fl at rate shipping charge of $5.95 per order, regardless of the number of items shipped. $5.95 shipping and Title IX handling offer applies to orders shipped within the continental U.S. Shipping and handling charges for Mascots: Handle With Care orders shipped outside the continental U.S. will be based on destination and added to your total. An Introduction to European Union Sports Law Dental and Orofacial Safety *Discount good until December 15, 2014 Get the Information Edge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB2810N Table of Contents Page Remarks from the Chair .....................................................................................................................................................4 Editor’s Note .......................................................................................................................................................................5 Pro Bono Update .................................................................................................................................................................6 Law Student Initiative Writing Contest ...........................................................................................................................7 The Phil Cowan Memorial/BMI Scholarship .................................................................................................................9 NYSBA Guidelines for Obtaining MCLE Credit for Writing .....................................................................................11 SAG-AFTRA Shifts to a New Residual Program: An Overview of the New Residuals in the 2014 SAG-AFTRA TV/Theatrical Contracts .................................12 (Marissa Crespo) Mortgaging the Mona Lisa ..............................................................................................................................................14 (Beth H. Alter, Laurie R. Binder, Stacia C. Kroetz and David E. Stutzman) HarperCollins Publishers, LLC v. Open Road Media .........................................................................................................17 (Joseph Perry) State Film Incentives: Hollywood May Be Coming to a Town Near You .................................................................20 (Ethan Bordman) Mixed Martial Arts: A Fighting Chance in New York .................................................................................................27 (Carla Varriale) The Use of Rap Music Lyrics as Criminal Evidence ....................................................................................................29 (Elizabeth Shumejda) Losing Logos: Trending Towards Less Protection of Fashion Designs? ...................................................................41 (Paul Anderson) Employing Child Performers in Film; Judicial Approval of a Minor’s Contract in New York .............................44 (Michael Massmann) “Put ‘Em Up”: Why the Collective Bargaining Agreement Between the National Hockey League and National Hockey League Players’ Association Won’t Let Fighting Go Down for the Count ...................48 (Max L. Horowitz) Removing the One and Done Policy: An Analysis of the Non-Statutory Labor Exemption and the NBA Draft Eligibility Requirements ...........................................................................................................60 (David Fogel) The “Eligibility” Concept in Modern Sports Law ........................................................................................................71 (Sergey Yurlov) Entertainment Immigration: The Employment-Based Immigrant Visa for Individuals of Extraordinary Ability ...........................................76 (Michael Cataliotti) TV 101: (I Can’t Get No) Participation ...........................................................................................................................78 (Nima Daivari) Krell’s Korner: Bill Veeck: Baseball’s Barnum ...............................................................................................................80 (David Krell) NYSBA Entertainment, Arts and Sports Law Journal | Fall/Winter 2014 | Vol. 25 | No. 3 3 Remarks from the Chair I am writing this column the broader arts community as a result of Judith Prowda’s after Labor Day in anticipation Fine Arts and gallery-related programs. Our law school of a great new year for EASL. liaison program is expanding to several new law schools this year as well. Our CMJ Music Marathon plans are moving forward I am also looking forward to the fall event concerning with the new CMJ owners structuring entertainment businesses, to be presented by thanks to Rosemarie Tully the Membership Committee and spearheaded by Joyce and Diane Krausz, and, by the Dollinger and Rob Thony. They are fresh off of the two fun publication date of this edi- comedy club and Minor League Baseball summer social tion, we should have another events. wonderful EASL event to remember. The CMJ panels EASL has several new committee co-chairs and Execu- will, as in the past, cover an extensive and varied list of tive Committee members whom I welcome: Joan Faier, subjects of interest to all attorneys and accountants who Literary Works and Related Rights Committee; Jennifer practice in the entertainment fi elds. Graham, Young Lawyers Committee; Karen Lent and Jessica Thaler, Sports Committee; Ethan Bordman, Motion Over the summer I was privileged to attend my fi rst Pictures Committee; and Brette Meyers, Young Lawyers NYSBA House of Delegates meeting in Cooperstown. I Section Liaison. experienced fi rst-hand the workings of NYSBA and, not being a baseball fan, was able to do so with few dis- I am very proud to be a part of the hard working (and tractions. I participated as a delegate from EASL in the fun) group of people constituting EASL’s Executive Com- debates, discussions and votes on bar association issues mittee and EASL’s volunteer members who are respon- and matters and obtained a real sense of how much EASL sible for thinking up and planning all of our wonderful is an integral part of the NYSBA. educational and social events. We just need to fi nd the time to schedule everything we want to do, and keep our The wonderful Journal that you are now reading, ed- amazing Albany liaison, Beth Gould, from becoming too ited by Elissa Hecker, is an EASL Section member benefi t. stressed. I look forward to the EASL presentation at the NYSBA I strongly urge all of you to encourage others who Annual Meeting in January. We are currently planning have not yet become members of EASL to do so. I guaran- our Fall Meeting CLE presentation on child labor laws tee your colleagues won’t regret it. and issues, together with the Labor and Employment Law Section, thanks to Diane Krausz and Mary Ann Zimmer. Happy holidays, and I look forward to seeing you at EASL also has liaisons with the Young Lawyers Section our Annual Meeting in January. (who are members of the Executive Committees of both Sections). In addition, EASL events are reaching out to Steve Rodner ENNTERTAINMENTTERTAINMENT, ARRTSTS AANDND SPPORTSORTS LAAWW SEECTIONCTION VVisitisit uuss oonn tthehe WWebeb aatt wwww.nysba.org/EASLww.nysba.org/EASL CCheckheck ooutut oourur BBloglog aatt hhttp://nysbar.com/blogs/EASLttp://nysbar.com/blogs/EASL 4 NYSBA Entertainment, Arts and Sports Law Journal | Fall/Winter 2014 | Vol. 25 | No. 3 Editor’s Note So many stories related to Elissa D. Hecker practices in the fi elds of copyright, art, entertainment and sports trademark and business law. Her clients encompass have made front pages this a large spectrum of the entertainment and corporate year. They run the gamut of worlds. In addition to her private practice, Elissa is a civil and criminal matters, Past Chair of the EASL Section. She is also Co-Chair
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