NYSBA SUMMER 2015 | VOL. 26 | NO. 2 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 PUB3096N 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 | 539 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 Order multiple titles to take advantage of our low fl at rate shipping charge of $5.95 per order, regardless Navigating the NCAA Enforcement Process of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the Title IX continental U.S. Shipping and handling charges for orders shipped outside the continental U.S. will be Mascots: Handle With Care based on destination and added to your total. An Introduction to European Union Sports Law *Discount good until September 8, 2015 Dental and Orofacial Safety Get the Information Edge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB3096N 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 Sports Immigration: Amateurs, College Athletes, and Administrative Staff ...........................................................11 (Michael Cataliotti) FIFA World Cup™ Bribery Scandal: The United States Soccer Federation’s Possible Challenge to FIFA’s Decision ...................................................14 (David Katzman) Fighting for Online Privacy with Digital Weaponry: Combating Revenge Pornography .....................................24 (Elisa D’Amico and Luke Steinberger) The Journey and Legal Recovery of a Stolen 13th Century Painting ........................................................................37 (Leila A. Amineddoleh and David J. Galluzzo) Surreptitiously Created Photos of Children Held Not to Constitute Invasion of Privacy .....................................40 (Joel L. Hecker) Dog Racing, Judge Fuchs and Babe Ruth: Boston Braves Baseball in 1935 ..............................................................42 (Bennett Liebman) Courts Find “Your Art Dealer Is Not Your Friend”: Due Diligence Requirements for Purchasers of Artwork .......................................................................................46 (Yelena Ambartsumian) Laws of Unintended Consequences: The Effects of Cultural Patrimony on the Modern Markets of Mexican Artists .................................................51 (Isabel Suárez) RESOLUTION ALLEY: Auction, Artifacts, and George Takei: How ADR Helped Preserve a Part of Japanese-American History ......................................................................56 (Theodore K. Cheng) Legal Restrictions Imposed by Sporting Competition Organizers: The Russian Experience ................................59 (Sergey Yurlov) Krell’s Korner: Abbott & Costello: A Tale of Comedy and Tragedy ..........................................................................61 (David Krell) NYSBA Entertainment, Arts and Sports Law Journal | Summer 2015 | Vol. 26 | No. 2 3 Remarks from the Chair As of this writing, EASL The Phil Cowan Memorial/BMI Scholarship is al- is coming out of a very busy ready working with over 20 law schools to solicit quality winter and spring after our entries for the next scholarship awards. Thank you to successful CLE panels at the Richard Garza and Judith Bresler for leading this effort. Annual Meeting in January. EASL’s Spring Meeting was a huge success. Once The winter weather certainly again, Herrick Feinstein generously hosted the CLE event didn’t deter us. and reception in its beautiful space. Professor Stan So- Included in our many ocher’s annual presentation on cutting edge case develop- events was the great CLE ments, arranged by Mary Ann Zimmer, and the panel on panel and reception at FIT, use of trademarked and copyrighted works, led by Barry which were organized by Werbin, were informative and entertaining. our Fashion Law Committee None of this would have happened without the tire- under the leadership of Lisa Willis and Kathryne Badura. less efforts of our Section’s Vice-Chair, Diane Krausz, and Our Diversity Committee, co-chaired by Anne Atkinson, our awesome NYSBA liaison, Beth Gould. Richard Boyd and Cheryl Davis, presented a CLE panel about low budget guild agreements. The Diversity Com- Even with all of that behind us, EASL will not rest on mittee has also been very active in other areas, including its laurels. During the normally quiet warm months, we its informal mentoring program. will be hosting a Young Lawyer Committee’s network- ing reception and what has become our annual outing to The annual two night Theatre Law seminar co-spon- watch the Brooklyn Cyclones. In addition, EASL’s Literary sored with CTI and led by EASL’s Jason Baruch and Diane Works Committee, chaired by Joan Faier and Judith Bass, Krausz was, as usual, a great success. It will be repeated has organized an EASL CLE panel about book publishing next year. for the NYSBA CLE Department. We also expanded our events into other boroughs. Planning for EASL’s full day of CLE panels with CMJ The Fine Arts Committee, led by Judith Prowda, pre- Music Marathon in October is in full swing by Rosemarie sented an informational panel on Legal Basics for Visual Tully and the rest of the EASL-CMJ Committee. This again Artists, followed by a reception in Brooklyn. promises to be a really great event. EASL is happy to announce that Irina Tarsis is the I am very proud to be a part of EASL and to be work- new Chair of our International Committee. She is look- ing with such a wonderful group of people. I hope that ing forward to serving, and is already actively planning everyone has a wonderful summer. events and activities. In addition, Teresa Lee will add her trademark expertise as new Co-Chair of our Copyright and Trademark Committee. 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 | Summer 2015 | Vol. 26 | No. 2 Editor’s Note Hope you are having a Elissa D. Hecker practices in the fi elds of copyright, wonderful summer. This issue trademark and business law. Her clients encompass of the Journal is full of good a large spectrum of the entertainment and corporate beach, golf, lakeside, camping, worlds. In addition to her private practice, Elissa is a and traveling reading. It packs Past Chair of the EASL Section. She is also Co-Chair and creator of EASL’s Pro Bono Committee, Editor of easily! the EASL Blog, Editor of Entertainment Litigation, Relax, and read this wher- Counseling Content Providers in the Digital Age, and ever you most enjoy. In the Arena, is a frequent author, lecturer and panel- ist, a member of the Board of Editors for the NYSBA Bar Journal, Chair of the Board of Directors for Dance/ Elissa D. Hecker NYC, a Trustee and member of the Copyright Society of the U.S.A (CSUSA), Co-Chair of the National Chapter Coordinators, and a member of the Board of Editors for the Journal of the CSUSA. Elissa is a Super Lawyer, repeat Super Lawyers Rising Star, the recipient of the The next EASL Journal deadline CSUSA’s inaugural Excellent Service Award and recipi- is Friday,