NYSBA FALL 2020 | VOL. 31 | NO. 4 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association In This Issue n Tackling Coronavirus: Maintaining Privacy in the National Football League Amid a Global Pandemic n Photojournalism and Drones in New York City: Recent Legal Issues n Exit for a Better Start: How to Break a Commercial Lease n From “Location, Location . .” to “On Location”: Considerations in Using Your Client’s Home as a Film Location ....and more NYSBA.ORG/EASL Entertainment, Arts & Sports Law Section Thank you to our Music Business and Law Conference 2020 Sponsors, Eminutes and Zanoise! Table of Contents Page Remarks From the Chair ............................................................................................................................................ 4 By Barry Werbin Editor’s Note/Pro Bono Update ............................................................................................................................... 5 By Elissa D. Hecker Law Student Initiative Writing Contest .............................................................................................................................. 7 The Phil Cowan–Judith Bresler Memorial Scholarship Writing Competition ........................................................... 8 NYSBA Guidelines for Obtaining MCLE Credit for Writing ....................................................................................... 10 Sports and Entertainment Immigration: A Smorgasbord of Curiousness! We’ll Have Some Buffalo Sabres, a Dash of Harvard, a Heaping Mound of a Proclamation and a Pinch of the Postal Service .............11 By Michael Cataliotti RESOLUTION ALLEY: Compelling Participation in Virtual Alternative Dispute Resolution Processes ................... 17 By Theo Cheng HOLLYWOOD DOCKET: Interesting Cases, Part 3, and Resuming Production During COVID-19........................... 20 By Neville L. Johnson and Douglas L. Johnson Tackling Coronavirus: Maintaining Privacy in the National Football League Amid a Global Pandemic ......... 24 By Montené Speight THE DEE-FENSE: SPORTS LAW SPOTLIGHT: The Crossroads of College Sports, COVID-19 and Collective Bargaining: How a Hashtag That Went Viral During a Pandemic Resuscitated the Conversation on Unionization ....................................................................................................................................................................... 28 By Denise J. Mazzeo Photojournalism and Drones in New York City: Recent Legal Issues ....................................................................... 36 By Robert Roth Exit for a Better Start: How to Break a Commercial Lease ........................................................................................... 47 By Tin-Fu (Tiffany) Tsai From “Location, Location . .” to “On Location”: Considerations in Using Your Client’s Home as a Film Location .................................................................................................................................................................. 49 By Ethan Bordman CBS and Apple: An Entertainment Law Comparative Analysis of the Approach to Trademark Abandonment by the United States and Singapore .................................................................................................. 55 By Matthias Brown The New York Yankees of the 1930s and the Issue of Hate Speech in Sports .......................................................... 59 By Bennett Liebman KRELL’S KORNER: Homes of the Braves .............................................................................................................................. 65 By David Krell The Entertainment, Arts and Sports Law Section Welcomes New Members .......................................................... 67 Section Committees and Chairpersons ............................................................................................................................. 68 Remarks from the Chair By Barry Werbin The leaves are turning, a chill is in the night air, and pact of COVID-19 on Sports: winter is approaching. This means only one thing: EASL’s A Legal Perspective, Part II, January Annual Meeting is around the corner! Despite the which will continue a dia- challenges of conducting all programs virtually for the logue that began with Part I indefinite future, we have put together a robust 5.5 CLE in June 2020. credit two-afternoon program that will address critical issues facing the entertainment, arts, and sports commu- Our committees contin- nities today. ue to plan and produce ex- cellent programs, both CLE At the outset of my tenure as Chair in early 2020, I and informal “brown bag” made it a priority—shared by our Executive Committee events. New Chairs and Co- members—for EASL to expand our focus on diversity is- Chairs infused re-energized sues. In keeping with that goal, we are devoting an entire life into a number of our two-CLE program at the Annual Meeting to diversity. committees in 2020. Our This will be the first of a series of programs that criti- Journal has been deemed cally examine diversity across the spectrum of industries the best of all NYSBA Section journals, thanks to our avid within EASL’s purview. contributors and editor par excellence, Elissa Hecker. The ongoing pandemic has severely impacted and This year will be the first for the newly re-named Phil threatened the ongoing survival of theaters, museums, Cowan–Judith Bresler Memorial Scholarship writing com- art galleries, movie theaters, publishers, music venues, petition for law school students. We’re looking forward to and other sectors of EASL’s communities. As businesses congratulating two deserving law school winners at our struggle to survive, we’re seeing an increase in litigation Annual Meeting. with its high attendant costs. Alternative Dispute Resolu- tion (ADR) is often a better and far more efficient alterna- Finally, if you are reading this and are not yet an tive. Our ADR and Fine Art Committees are joining forces EASL member, please join our Section! The cost is low to present a very timely two-CLE credit Annual Meeting and the rewards are high. If you are a member, then program on ADR in the entertainment and art markets please reach out and encourage your colleagues to join. over two back-to-back sessions. EASL members receive significant discounts on our valu- able CLE programs, participate in free members-only pro- Stadiums and arenas with no fans (thank you Major grams, receive the Journal, write for our blog and, most League Baseball for virtual cheers and boos!), athletes importantly, get to interact and network with a diverse risking and some contracting COVID-19, and stadium group of members who share a passion for everything vendors suffering from shutdowns, have all impacted arts, entertainment, and sports related. heavily the global sports community. Our robust Sports Committee is planning another timely program, The Im- See you at the Annual Meeting and stay safe! NEW YORK STATE BAR ASSOCIATION If you have written an article you would like considered for publication, or have an idea for one, please contact the Editor-in-Chief: Elissa D. Hecker Law Office of Elissa D. Hecker [email protected] Articles should be submitted in Word format (pdfs are NOT acceptable), along with biographical information. REQUEST FOR ARTICLES 4 NYSBA Entertainment, Arts and Sports Law Journal | Fall 2020 | Vol. 31 | No. 4 Editor’s Note/Pro Bono Update By Elissa D. Hecker [I want to be remembered as] someone who used whatever talent she had to do her work to the very best of her ability. And to help repair tears in her society, to make things a little better through the use of what- ever ability she has. To do something, as my colleague David Souter would say, outside myself. ‘Cause I’ve gotten much more satisfaction for the things that I’ve done for which I was not paid. Ruth Bader Ginsburg The deadline for the Spring issue is January 22, 2021. – Elissa DO PRO BONO! DO PRO BONO! DO PRO BONO! DO PRO BONO! DO PRO BONO! Pro Bono Update Clinic/Webinars Elissa D. Hecker, Carol Steinberg, Tin Fu (Tiffany) Tsai, and Louise Carron We welcome Louise Carron as the Pro Bono Steering introduction to copyright fair use and moral rights. Elissa Committee’s newest Co-Chair. Louise is the Executive is working on a series of discussions with NYFA and the Director of the Center for Art Law (www.itsartlaw.org). National Coalition for Arts’ Preparedness and Emergency She is dedicated to protecting artists, their creations, and Response (NCAPER), creating a dialogue for arts orga- their legacies. Louise has an LLM from Cardozo School of nizations facing financial crises due to COVID-19, and Law as well as a Double Master’s Degree in French Law to explore solutions and pivots, including restructuring, and Common Law from the Université Paris Nanterre. prioritizing, mergers, dissolution, and bankruptcy. We are also working on creating virtual Pro Bono Clinics. In other Pro Bono news, Carol Steinberg will present an EASL/ New York Foundation for the Arts (NYFA) we- We encourage EASL members to volunteer as pro binar this winter based on her previous recorded lectures bono attorneys and webinar speakers for other topics that entitled: “Three Cases Every Artist Should Know” (Morel, are relevant to the creative communities. Please contact Cariou, and 5 Pointz), which will provide for artists an any of us if you are interested in doing