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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 2017 | VOL. 28 | 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 Remarks from the Chair I am pleased to report that EASL continues to expand edgy topics, such as its offerings and scope, thanks to 19 increasingly active Global Database issues committees and the exemplary efforts of our Executive and Music Publish- Committee members and committee co-chairs. This fall, ing and Digital Media, we reached across the pond, inviting Neil Adleman of served to foster an op- Harbottle & Lewis LLP (London) to compare and contrast portunity for animated the legal and business issues for West End and Broadway dialogue and debate productions, titled London’s West End and Broadway— among attendees. Worlds Apart (Or Not). Thanks to our Theatre and Per- forming Arts Committee Co-Chair Jason Baruch, the pro- On January 23, gram, held at the Mary Rogers Room at the Dramatist’s 2018, our Annual Guild, was innovative, informative, and well-attended. Meeting programming EASL also partnered with the Food, Drug and Cosmetic will focus on legal Law Section to produce a variety panel program with aspects of how, when three components: Inside Auction Houses—Legal Issues and where audio and visual entertainment content and (created by our Fine Arts Committee), Law and Business of related services are provided, through a panel entitled Audio-Visual Distribution in the 21st Century Food Trucks, and Celebrity Endorsements—Legal Consider- . We will also ations. Registrants had the option of attending one, two, be partnering with the Intellectual Property (IP) Law or all three panels. With this inventive success, we will Section for our post-program reception later that day. The continue to be creative in our program planning and part- Annual Meeting with provide a variety of opportunities nering with other Sections to diversify our offerings. to connect with your EASL colleagues and make new acquaintances with our IP colleagues. Rounding out our fall events, we concluded with our annual Music Business Law Conference at New York Please consider this a heartfelt invitation to our mem- Law School. EASL has been offering this program for a bers to continue to join us and participate further in our number of years, and each year our attendance numbers ongoing efforts to bring all things related to law and en- grow thanks to the tireless efforts of our core committee tertainment, arts and sports into your professional lives, members: Marc Jacobson, Steve Rodner, Joyce Dollinger, and for those who are interested and curious, to become Andy Seiden, Paul LiCalsi, Chris Hull, Rosemarie Tully, members!!! and yours truly. This year a panel on Licensing Music for All the Best, Broadway made its debut to a welcoming audience, and Diane Krausz large spectrum of the entertainment and Editor’s Note corporate worlds. In addition to her pri- The Trump administration changes vate practice, Elissa is also a Past Chair of rules and regulations at a rapid pace. We the EASL Section, Co-Chair and creator at the EASL Journal are doing everything of EASL’s Pro Bono Committee, Editor of that we can to keep you abreast of how the EASL Blog, Editor of Entertainment these changes affect the entertainment, Litigation, Counseling Content Provid- arts and sports law worlds. For more ers in the Digital Age, and In the Arena, regular updates between Journals, please a member of the Board of Editors for the visit the EASL Blog, available at http:// NYSBA Bar Journal, Chair of the Board nysbar.com/blogs/EASL/. of Directors for Dance/NYC, a Trustee I look forward to hearing comments and member of the Copyright Society of and to receiving submissions from you. the U.S.A (CSUSA), former Co-Chair of Enjoy reading! CSUSA’s National Chapter Coordinators, and Associate Editor and member of the Board of Editors for the Journal of the CSUSA. Elissa is Elissa D. Hecker practices in the fi elds of copyright, a repeat Super Lawyer, Top 25 Westchester Lawyers, and trademark and business law. Her clients encompass a recipient of the CSUSA’s inaugural Excellent Service Award. She can be reached at (914) 478-0457, via email at The next EASL Journal deadline [email protected] or through her website at is Friday, December 29, 2017 www.eheckeresq.com. 2 NYSBA Entertainment, Arts and Sports Law Journal | Fall/Winter 2017 | Vol. 28 | No. 3 Table of Contents Page Remarks from the Chair .....................................................................................................................................................2 Editor’s Note .......................................................................................................................................................................2 Pro Bono Update .................................................................................................................................................................4 What’s Happening at EASL?.............................................................................................................................................4 Law Student Initiative Writing Contest ...........................................................................................................................6 The Phil Cowan Memorial/BMI Scholarship Writing Competition ...........................................................................7 NYSBA Guidelines for Obtaining MCLE Credit for Writing .......................................................................................9 Television and Radio Committee: Television and Radio Law in the 21st Century, at the Legal Age of Maturity in New York State ........................................................................................................................................11 (Barry Skidelsky) Sports and Entertainment Immigration: A Brief Overview of Immigration Policy and Activities Under the Trump Administration from January 20, 2017 to Present Day ...........................................................20 (Michael Cataliotti) Resolution Alley: Arbitration of Art and Cultural Heritage Disputes ..................................................................31 (Theodore K. Cheng) Hollywood Docket: Making the Perfect Pitch ...........................................................................................................34 (Neville L. Johnson and Douglas L. Johnson) All’s Fair (Use) in Love and Trademarks .......................................................................................................................38 (Cheryl Davis) By Inviting Canadian and Mexican Schools, the NCAA May Be Forfeiting on Amateurism ...............................42 (Jason Chung) EASL Annual Music Business and Law Conference Meeting Photos .......................................................................44 Join an EASL Committee .................................................................................................................................................46 Tax Trick: Why the New York Rangers Will Be the Away Team for the 2018 Winter Classic at Citi Field ...........53 (Daniel S. Greene) Appropriation at Augusta: An Illustration of the Battle Over the Publicity Right and the First Amendment ...59 (Ryan Hersh) The Law Goes to Broadway .............................................................................................................................................67 (Bennett Liebman) Krell’s Korner: There Was Once a Ballpark—Mourning the Dodgers, Meeting the Mets, William Shea, and the Rise and Fall of the Continental League .....................................................................................................75 (David Krell) The Entertainment, Arts and Sports Law Section Welcomes New Members ..........................................................83 Section Committees and Chairpersons ..........................................................................................................................84 Section Officers and Editor ..............................................................................................................................................86 NYSBA Entertainment, Arts and Sports Law Journal | Fall/Winter 2017 | Vol. 28 | No. 3 3 Pro Bono Update By Elissa D. Hecker, Carol Steinberg, Kathy Kim and Irina Tarsis Pro Bono Steering Committee Clinics Speakers Bureau Our next Clinic will take place on Sunday, Feb- Carol Steinberg coordinates Speakers Bureau ruary 25th in conjunction with the IP Section, programs and events. at Dance/NYC’s Annual Symposium, held at • Carol Steinberg, [email protected] the Gibney Dance Center. Stay tuned for more or www.carolsteinbergesq.com information. ******************************************************* Litigations Clinics Irina Tarsis coordinates pro bono litigations. Elissa D. Hecker and Kathy Kim coordinate legal clin- • Irina Tarsis, [email protected] ics with various organizations. We look forward to working with all of you, and to mak- • Elissa D. Hecker, [email protected] ing pro bono resources available to every EASL member. • Kathy Kim, [email protected] WHAT’S HAPPENING AT EASL? Entertainment,Entertainment, Arts andand Sports Law Section BlogBlog The Blog provides a Forum and News Source on Issues ofof Interest. The Blog acts as a new informationalinformational resource on topics of interest, including the latest Section programs and initiatives,
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