NYSBA SUMMER 2004 | VOLUME 15 |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 Remarks From the Chair/Editor’s Note The EASL Section will be sion programs, whether DASTAR spells disaster for holding its jam-packed 8- artists’ rights and an insider’s guide to music publishing credit CLE Fall Conference deals. The breakout panels will be followed by a lunch- on October 29th and 30th at eon. The first afternoon panel discussion will concern the Doral Arrowwood Resort the file-sharing debate and how the filing of lawsuits in Rye Brook, New York, against users affects laws and policies. The second after- which is less than an hour noon panel will focus on blood doping and steroids, and from New York City. the panelists will discuss professional ethics and issues that arise when representing athletes. The final panel of The Conference will the day will consist of practitioners answering questions begin on Friday evening from new attorneys. with a dinner featuring David Boies of Boies, Schiller To register and for further program information, & Flexner LLP. The first panel on Saturday will consist please contact Kim McHargue at the NYSBA at (518) of speakers discussing cross-promotional deals and how 487-5630 or visit EASL’s Web site at http://www. such agreements relate to the future of the sports and nysba.org/EASL2004FallProgram. If you register prior entertainment industries. The late morning session will to September 1st and mention the ad featured on page consist of breakout panels, which will include discus- 7 of this issue of the EASL Journal, you will receive a sions regarding legal issues in the production of televi- Inside NYSBA Guidelines for Obtaining MCLE Credit for Writing.......... 3 The Sweet Science, Legally Speaking (Professional Boxing) ........ 39 Law Student Initiative .......................................................................... 4 (Jeffrey Fried) EASL Pro Bono Update ........................................................................ 5 Clearing the Airwaves: Will the FCC’s Crackdown on (Elisabeth K. Wolfe) Indecent Broadcasts Put a Chill on Protected Speech? ............ 57 (Eleanor Lackman) The Entertainment, Arts and Sports Law Section and BMI to Offer Law School Scholarship........................................................ 8 The “Redskins”—Can It Still Be Used?............................................ 66 (Alan J. Hartnick) Fan Violence II: Who Pays For It? (Dan Messeloff) ................................................................................ 9 Artists vs. Record Companies: What’s The Deal? A Look at Changes in Recording Contracts .................................... 68 Dirty Dancing: The Moral Right of Attribution, the (Stacey Lager) Work-for-Hire Doctrine and the Usurping of the Ultimate Grand Dame and Founder of Modern Dance, New Louisiana State Tax Incentives for Film Production ..............71 Martha Graham .............................................................................. 11 (Bianca Bezdek) (Holly Rich and Sarah Kutner) Volunteer Lawyers for the Arts ............................................................ 74 California vs. New York: For Sound-Alike Claims Rooted in the Right of Publicity, Do Three Thousand Little Miles Really Matter That Much Anymore? .......................................... 31 (Lucia Graziano O’Connell) $25 discount off your registration fee. I look forward THE NEXT DEADLINE IS to seeing you all at the Fall Conference. MONDAY, SEPTEMBER 20, 2004. This issue of the Journal publishes several articles that encompass the fields of entertainment, art and Elissa sports law. As always, there were a number of excellent Law Student Initiative submissions and the winning Elissa D. Hecker works on legal, educational and article was written by Holly Rich and Sarah Kutner of policy matters concerning many aspects of copyright Hofstra University School of Law, entitled “Dirty Danc- and corporate law. In addition to her activities in the ing: The Moral Right of Attribution, the Work for Hire EASL Section, Ms. Hecker is also a frequent lecturer Doctrine and the Usurping of the Ultimate Grand Dame and panelist, a member of the NYSBA’s Committees and Founder of Modern Dance, Martha Graham.” on CLE and Publications and a member of the Copy- right Society of the U.S.A. As part of her activities Once more, please be advised that authors can with the Copyright Society of the U.S.A., Ms. Hecker obtain CLE credit from having an article published in was one of a team that created and launched copy- the EASL Journal. Articles or Letters to the Editor may rightkids.org, an interactive website for copyright be submitted with biographical information either via education. e-mail to [email protected] or by mail on a disk along with a printed original to: Elissa D. Hecker, Esq. 51 West 86th Street, Apt. 405 New York, NY 10024. Does EASL have your current e-mail address? If not, you are missing out on valuable information regarding programs, meetings, CLE, pro bono and other opportunities. E-mail addresses will only be used for official NYSBA purposes (see the NYSBA’s privacy policy at http://www.nysba.org/privacy. REQUEST FOR ARTICLES If you have written an article, or have an idea for one, please contact Entertainment, Arts and Sports Law Journal Editor: Elissa D. Hecker, Esq. 51 West 86th Street, Apt. 405 New York, NY 10024 [email protected] Articles should be submitted on a 3½" floppy disk, preferably in Microsoft Word or WordPerfect, along with a printed original and biographical information. 2 NYSBA Entertainment, Arts and Sports Law Journal | Summer 2004 | Vol. 15 | No. 2 NYSBA Guidelines for Obtaining MCLE Credit for Writing Under New York’s Mandatory CLE Rule, MCLE • one credit is given for each hour of research or credits may be earned for legal research-based writing, writing, up to a maximum of 12 credits; directed to an attorney audience. This might take the form of an article for a periodical, or work on a book. • a maximum of 12 credit hours may be earned for The applicable portion of the MCLE Rule, at Part writing in any one reporting cycle; 1500.22(h), states: • articles written for general circulation, newspa- Credit may be earned for legal research- pers and magazines directed at non-lawyer audi- based writing upon application to the CLE ences do not qualify for credit; Board, provided the activity (i) produced • only writings published or accepted for publica- material published or to be published in the tion after January 1, 1998 can be used to earn form of an article, chapter or book written, credits; in whole or in substantial part, by the applicant, and (ii) contributed substantially • credit (a maximum of 12) can be earned for to the continuing legal education of the updates and revisions of materials previously applicant and other attorneys. Authorship granted credit within any one reporting cycle; of articles for general circulation, newspa- • no credit can be earned for editing such writings; pers or magazines directed to a non-lawyer audience does not qualify for CLE credit. • allocation of credit for jointly authorized publica- Allocation of credit of jointly authored pub- tions shall be divided between or among the joint lications should be divided between or authors to reflect the proportional effort devoted among the joint authors to reflect the pro- to the research or writing of the publication; portional effort devoted to the research and writing of the publication. • only attorneys admitted more than 24 months may earn credits for writing. Further explanation of this portion of the rule is provided in the regulations and guidelines that pertain In order to receive credit, the applicant must send a to the rule. At section 3.c.9 of those regulations and copy of the writing to the New York State Continuing guidelines, one finds the specific criteria and procedure Legal Education Board, 25 Beaver Street, 8th Floor, New for earning credits for writing. In brief, they are as fol- York, New York 10004. A completed application should lows: be sent with the materials (the application form can be downloaded from the Unified Court System’s Web site, • The writing must be such that it contributes sub- at this address: http://www.courts.state.ny.us/ stantially to the continuing legal education of the mcle.htm (click on “Publication Credit Application” author and other attorneys; near the bottom of the page)). After review of the appli- cation and materials, the Board will notify the applicant • it must be published or accepted for publication; by first-class mail of its decision and the number of • it must have been written in whole or in substan- credits earned. tial part by the applicant; Catch Us on the Web at WWW.NYSBA.ORG/EASL NYSBA Entertainment, Arts and Sports Law Journal | Summer 2004 | Vol. 15 | No. 2 3 Congratulations to the Law Student Initiative Selected Authors: Holly Rich and Sarah Kutner of Hofstra University School of Law, for “Dirty Dancing: The Moral Right of Attribution, the Work for Hire Doctrine and the Usurping of the Ultimate Grand Dame and Founder of Modern Dance, Martha Graham” **************************************************************** New York State Bar Association Entertainment, Arts and Sports Law Section Law Student Initiative The Entertainment, Arts and Sports Law law school club/organization (if applicable), (EASL) Section of the New York State Bar Associa- phone number and e-mail address.