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Nysba Fall/Winter 2011 | Vol NYSBA FALL/WINTER 2011 | VOL. 22 | 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 From the NYSBA Book Store > get 20% discount* with coupon code PUB1272N Counseling Content Providers in the Digital Age A Handbook for Lawyers For as long as there have been printing presses, there have been accusations of libel, invasion of privacy, intellectual property infringements and a variety of other torts. Now that much of the content reaching the public is distributed over the Internet, television (including cable and satellite), radio and fi lm as well as in print, the fi eld of pre-publication review has become more complicated and more important. Counseling Content Providers in the Digital Age provides an overview of the issues content reviewers face repeatedly. EDITORS Counseling Content Providers in the Digital Age was written Kathleen Conkey, Esq. and edited by experienced media law attorneys from California Elissa D. Hecker, Esq. and New York. This book is invaluable to anyone entering the fi eld Pamela C. Jones, Esq. of pre-publication review as well as anyone responsible for vetting PRODUCT INFO AND PRICES the content of their client’s or their fi rm’s Web site. 2010 / approx. 430 pages, softbound / PN: 4063 Table of Contents Introduction; Defamation; The Invasion of Privacy Torts; Right $50 NYSBA Members of Publicity; Other News-gathering Torts; Copyright Infringement; $65 Nonmembers Trademark Infringement; Rights and Clearances; Errors and Omissions Insurance; Contracting with Minors; Television Standards and $5.95 shipping and handling within the continental Practices; Reality Television Pranks and Sensitive Subject Matter; U.S. The cost for shipping and handling outside the continental U.S. will be based on destination and Miscellaneous Steps in Pre-Broadcast Review. added to your order. Prices do not include applicable sales tax. Get the Information Edge *Discount good until January 15, 2012. 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB1272N For special discounts on all of our books visit the NYSBA publications booth at our Annual Meeting Table of Contents Page Remarks from the Chair ...............................................................................................................................................................4 (Judith B. Prowda) Editor’s Note .................................................................................................................................................................................7 (Elissa D. Hecker) Pro Bono Update ...........................................................................................................................................................................8 Diversity Committee Report .....................................................................................................................................................10 Law Student Initiative Writing Contest ...................................................................................................................................12 The Phil Cowan Memorial/BMI Scholarship .........................................................................................................................13 Refl ections on My Sixteen Years as Register of Copyrights (1994 through 2010) ..............................................................15 (Marybeth Peters) Will Recording Artists Be Able to Terminate Their Agreements and Reclaim Rights?.....................................................18 (June M. Besek) Genetic Doping: The Lance Armstrong Case as a Preview for Future Regulations ..........................................................23 (Jason Steiner) Unsafe Bid—The Online Caveat Emptor: An Argument for an International Convention Covering Internet Auction Fraud ..........................................................................................................................................................41 (Julia Engel) More Than Just a Game: Former Players’ Suits Against the NCAA and Electronic Arts Could Have Serious Consequences ...........................................................................................................................................................45 (Joseph M. Hanna) Legal Issues in Conserving Contemporary Art ......................................................................................................................47 (Cristina Biaggi) Independent Contractors/Work for Hire Agreements ..........................................................................................................52 (Andrew I. Bart) Cinderella’s New Ball: The History and Outlook of Title IX as it Celebrates its Fortieth Year .......................................57 (Wesley Ryan Shelley) What’s a “Bunker”?: The Curious Case of How Dustin Johnson Lost the 92nd PGA Championship and Why the PGA Must Revise the Now Infamous Local Rule at Whistling Straits ..........................................................67 (Brian Pelanda) Brady, et al. v. National Football League—Refi ning the Legal Landscape of Collective Bargaining in the NFL and Across North American Professional Sports Leagues ..............................................................................................75 (Brian C. Laskiewicz) Are There Rules on YouTube?: A Guide to Creating an Original Web Series .....................................................................86 (Alix Claps) Authorship in the Age of Remix and Fan Creativity .............................................................................................................96 (Megan Bright) Architecture and Interior Design Under the Law: Trade Dress, Copyright, and Sui Generis .......................................107 (Johanna Barger) The Art of Fame: The Rise and Rise of Celebrity Culture and the Law ............................................................................110 (Kibum Kim) Music Publishing: What the Songwriter and Practitioner Need to Know .......................................................................114 (James A. Johnson) Is There An App for Trademark Infringement? Understanding the Legal Implications of the Apple-Amazon Trademark Litigation ..............................................................................................................................120 (Daniel R. Goodman) The Real Housewives Suicide: (Lack of) Liability in Reality Television for Violent Events .............................................125 (Nili Wexler and Stacy Wu) Krell’s Korner: A Very Legal Christmas .................................................................................................................................129 (David Krell) NYSBA Entertainment, Arts and Sports Law Journal | Fall/Winter 2011 | Vol. 22 | No. 3 3 Remarks from the Chair These are my farewell tertainment Lawyers, offered an exposé of the history of Remarks from the Chair. It the creation and operation of one of the most successful has been an honor to serve as reality shows, A&E’s “Pawn Stars.” The panelists—mem- Chair of the Entertainment, bers of the actual production team behind the show—in- Arts and Sports Law Section cluded Brent Montgomery (Leftfi eld Pictures), Rob Miller for the past two years. I ex- (Peleton Entertainment), Mary Donohue (History, A&E tend my heartfelt gratitude to Television Networks) and was expertly moderated by Pe- my remarkable Dream Team: ter Hamilton (Editor, DocumentaryTelevision.com). The Rosemarie Tully (Vice-Chair), next panel, on the topic of free speech and video games, Diane Krausz (Treasurer), Pa- featured Gena A. Feist (Vice President & Associate Gen- mela Jones (Secretary 2011), eral Counsel for Take Two Interactive), John F. Wirenius Monica Pa (Secretary 2010), (Author, First Amendment, First Principles: Verbal Acts and Jason Baruch (Assistant-Sec- Freedom of Speech, and Deputy General Counsel to the retary), and the entire EASL Executive Committee. I also Offi ce of Collective Bargaining) and was superbly moder- thank my dedicated Albany colleagues Tiffany Bardwell, ated by Jason Aylesworth (Sendroff & Baruch). Next we Dan McMahon and Leslie Scully, among others, whose focused on the representation of minors in New York, tireless support has been invaluable throughout my term. with speakers Brian D. Caplan (Caplan and Ross), Paul LiCalsi (Mitchell Silverberg and Knupp), and Joseph L. I am proud of all that we have accomplished so far Serling (Serling Rooks Ferrara Mckoy & Worob). The Fall during my tenure as Chair. We have formed seven new Program concluded with a much sought-after ethics com- standing Committees: Digital Media (including social ponent, featuring Deborah A. Scalise (Scalise & Hamilton) media), Diversity, Ethics, Lawyers in Transition, In-House and Pery D. Krinsky (Krinsky, PLLC). Without a doubt, Counsel, International and Scholarship. For the fi rst time this program was a “winning deal!” chock full of valuable in EASL history, we have a District Representative for information and offering 7.5 CLE credits, including 2 CLE each of the 13 Judicial Districts in New York State. We credits in ethics and professionalism. Now THAT’S what have formalized our relationship with the Young Lawyers I call reality! Thanks to Program Co-Chairs Jason Ayles- Section by appointing YLS members to serve as Liaisons worth, Ethan Bordman, Diane Krausz and Pamela Jones.
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