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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NYSBA FALL 2016 | VOL. 27 | 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 In The Arena: A Sports Law Handbook 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 Section Members get Intellectual Property Rights and Endorsement Agreements 20% How Trademark Protection Intersects with the Athlete’s Right of Publicity discount* with coupon code Collective Bargaining in the Big Three PUB8461N Agency Law Sports, Torts and Criminal Law EDITORS Role of Advertising and Sponsorship in the Business of Sports Elissa D. Hecker, Esq. Doping in Sport: A Historical and Current Perspective David Krell, Esq. Athlete Concussion-Related Issues PRODUCT INFO AND PRICES Concussions—From a Neuropsychological and Medical Perspective 2013 | 539 pages | softbound In-Arena Giveaways: Sweepstakes Law Basics and Compliance Issues PN: 4002 Navigating the NCAA Enforcement Process Non-Members $80 Title IX NYSBA Members $65 Mascots: Handle With Care An Introduction to European Union Sports Law Order multiple titles to take advantage of our low fl at rate shipping charge of $5.95 per order, regardless Dental and Orofacial Safety of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the continental U.S. Shipping and handling charges for orders shipped outside the continental U.S. will be based on destination and added to your total. Get the Information Edge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB8461N Discount valid through January 1, 2017 2 NYSBA Entertainment, Arts and Sports Law Journal | Fall 2016 | Vol. 27 | No. 3 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 Writing Competition ...........................................................................8 NYSBA Guidelines for Obtaining MCLE Credit for Writing .....................................................................................10 Television and Radio Committee: Balancing an Individual’s Right of Publicity with Another’s Right to Protected Speech for the Greater Good .....................................................................................................................11 (Pamela Jones and Barry Skidelsky) Resolution Alley: Appellate Mediation: A Dispute Resolution Process Worth Considering ............................13 (Theodore K. Cheng) Hollywood Docket: Social Media, the Law, and You ...............................................................................................16 (Neville L. Johnson and Douglas L. Johnson) Sports and Entertainment Immigration: Trump, Models, Money, and Visas; What Could Go Wrong? .....19 (Michael Cataliotti) Ali vs. the Army: The “Greatest” Goes to Court ..........................................................................................................23 (Cheryl L. Davis) Internal Revenue Service’s Night at the “Private” Museum ......................................................................................27 (David Honig) Why Artists Like Prince Need a “Legacy Plan,” Not an “Estate Plan” .....................................................................31 (Daniel J. Scott) Freedom of the Press Issues in the 21st Century ..........................................................................................................33 (Lindsay Butler) Lights, Cameras, and FCPA Actions: The Problem of Foreign Corrupt Practices by Hollywood ........................35 (Danielle Siegel) The Grey Area: The Effects and Implications of Successful Fan-Fiction on Intellectual Property Rights ..........49 (Sean G. Shirali) Krell’s Korner: The Genesis of L.A. Law ....................................................................................................................53 (David Krell) The Entertainment, Arts and Sports Law Section Welcomes New Members .........................................................55 Section Committees and Chairpersons ..........................................................................................................................56 NYSBA Entertainment, Arts and Sports Law Journal | Fall 2016 | Vol. 27 | No. 3 3 Remarks from the Chair As I write this in • Our Annual Music Business and Law Conference mid-October, I am hope- was held this year at New York Law School in ful that come publication November (both a new place and date for this pro- time there will have been gram). We were pleased to have a complement of a solid resolution of our law and fi nance among the panels for this full-day country’s extraordinarily seminar, which featured an interview with Richard absurd social experiment, Gotterher, CEO of The Orchard, as keynote speaker. otherwise known as the • Rounding out our Fall slate will be the Diversity 2016 Presidential election Committee’s presentation of a program about campaign. During a brief Virtual Reality. respite from the cam- paign, a number of EASL During NYSBA’s Annual Meeting week in January, members enjoyed din- EASL will offer the fi rst of its kind Roundtable Discussion ner and the comedy of Lewis Black on Broadway. Black of In-House Television Counsel. Led by Eriq Gardner, summed up the current state of affairs by saying, “we are Senior Editor of the Hollywood Reporter, some of the most living in fi ctional times,” and lamented that he has noth- illustrious in-house television counsel in the industry will ing left to do as a comedian, because “how do you satirize discuss the issues they confront on a daily basis. Our sec- what is already satire?” Open to all members, those in at- ond panel will provide a compelling analysis of the legal tendance thoroughly enjoyed the company of colleagues and public relations considerations of Celebrity Crisis and Black’s much-needed humor. It was an outstanding Management, from a panel of experts led by Brian Caplan, evening. EASL’s Litigation Committee Co-Chair. Nonetheless, regardless of the political climate, our Annual Meeting week is always well-attended by our EASL members and Executive Committee remain com- members, and we are looking forward to seeing members mitted to keeping current on the latest legal opinions, from our various committees once again meet with their trends and general business and legal environment in the committees’ co-chairs and colleagues prior the CLE pro- entertainment, arts and sports-related arenas. grams to network and brainstorm. This is the second year we are offering this opportunity, and expect it to be a great Other diversions from the politically charged Fall success. If you have not yet joined one or more EASL season included: committees, please consider doing so. • Two CLE panels at New York ComicCon, both led Looking further into 2017, we will hold our next Pro by Thomas Crowell, which focused on the comic Bono Clinic on March 5th, our sixth annual Theater CTI book industry, basic legal issues, and the path from Seminar on March 29th-30th, as well as our annual Spring the comic book to the TV screen. event, which is currently in its planning stages. There will • A “brown bag” lunch program, which was coordi- also be many more CLE and networking events, in addi- nated by the Fine Arts Committee, and held at the tion to our annual programs. offi ces of Herrick Feinstein LLP. Adrienne Fields, Stay tuned to your notices and community discussion Director of Legal Affairs at the Artists Rights Society group e-mails for updates. (ARS), led the discussion about the history of ARS and how works of art are used and/or licensed. Diane Krausz UpcomingUpcoming Entertainment, Arts and Sports Law Section Events and Co-Sponsored EventsEvents Diversity Committee’s VirtualVirtual andand AugmentedAugmented RealityReality ProgramProgram November 30, 2016 | Cardozo Law School | 6:00 pp.m..m. – 9:00 pp.m..m. AnnuaAnnuall Meeting PrograProgramm JJanuaryanuary 224,4, 20201717 MMCLECLE Program 1:00 p.m. -5:30 p.m. • GeneraGenerall CounseCounsell RounRound-tabled-table momoderatedderated byby Eriq Gardner,Gardner, Senior Editor,Editor, THR EsqEsq.. • Crisis Management fforor Entertainers: From Legal to Publicity IssuesIssues Reception to FoFollowllow