Harvard Journal of Sports and Entertainment Law
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Harvard Law School's journal for issues related to legal developments and themes in sports & entertainment.
Harvard Journal of Sports and Entertainment Law
11M ago
(PDF Version Here)
Eric Zilber[*]
TABLE OF CONTENTS[†]
Introduction
COVID-19 Background
The Challenges Facing the NBA
Initial Planning
The “Bubble” Emerges as a Front-Runner
“Bubble” Plans Solidify and the Protocols
Phase One
Phase Two
Phase Three
Phase Three-A
Phase Four
Phase Five
Phase Six
Conclusion
Exhibit A – Spread of COVID-19
Exhibit B – ESPN Wide World of Sports (“WWOS”) Map
Exhibit C – Testing Timeline for Players and Essential Staff
Exhibit D – Participant Tiers
Exhibit E – Masks/Face Coverings During Games
Exhibit F – COVID-19 Testing and Monitoring Requirements
Introduction
On Mar ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
By: Daniel Imakyure
Introduction
In June 2022, Andy Stone, a.k.a. Vince Vance, brought a copyright infringement action in the US District Court of the Eastern District of Louisiana against singer Mariah Carey, producer Walter Afanasieff, and Sony Music Entertainment.[1] Stone alleged that Carey’s record-breaking holiday standard “All I Want for Christmas is You,” released on her 1994 album, infringed on his identically titled song, written in 1989.[3] Stone’s song—“All I Want for Christmas is You” by Vince Vance and the Valiants—received airplay during the 1993 Christmas season, i ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
By: Lea Washington
What do you get when you put a roll and gravy together? A lawsuit apparently. The “Rickrollin’” star Rick Astley is suing upcoming rapper Yung Gravy and his team. Gravy’s song “Betty” is the focus of this dispute, as it borrows from the song “Never Gonna Give You Up” which boasts 1.3 billion views on YouTube. Astley’s lawyers say, “In an effort to capitalize off of the immense popularity [defendants] conspired to include a deliberate and nearly indistinguishable imitation of Mr. Astley’s voice throughout the song.” Astley is claiming Gravy and team’s actions were theft since ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
Ben Reichard
The first Sunday kicking off the 2022 NFL season was just days away. Like millions of fans across the country, I was both hopeful and anxious for how my team would start the season. But I had another reason to be nervous: I couldn’t figure out a way to watch my beloved Washington Commanders.
I had just moved away from the Washington, D.C., region to Boston, and with that relocation, abandoned the Commanders’ media market. If I subscribed to cable, the New England Patriots would be shown on Sunday afternoons. I would only be able to watch the Commanders when a network broadcast the ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
By: Brandon McCoy
Prior to Super Bowl Sunday, one of the most popular gambling days of the year, Massachusetts opened sportsbooks in its three brick-and-mortar casinos: Encore Boston Harbor, MGM Springfield, and Plainridge Park Casino. The state joined 32 others and the District of Columbia in offering sports betting, either online or in person. Soon after the projected biggest betting event of all time, Massachusetts will join 23 states plus D.C. in offering online wagering.
&nbs ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
By Connor Oniki
Maggy Carlyle is General Counsel and Senior Vice President for the Pac-12 Conference. In a turbulent time for college athletics with issues ranging from NIL to conference reorganization, Maggy has been tasked with navigating the Pac-12 through these complicated legal issues. I had the pleasure of speaking with Maggy and learning about her work and experiences. Check out the interview below.
Name, Position, and Location
Maggy Carlyle, General Counsel and SVP, Business Affairs, Pac-12 Conference
Current Practice Areas/Industries
Athletics, Media
Education
University of Misso ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
By: Brandon McCoy
The College Football Playoff (CFP) Board of Managers decided in September 2022 that they will expand the playoff from 4 teams to 12 teams as early as the 2024 season. Fans and teams alike welcomed the adoption of the current 4-team playoff, as it was seen as more equitable than the Bowl Championship Series (BCS) model, which pitted the top two ranked teams in one winner-takes-all game for the championship. Still, the playoff has been dominated by the college football “blue bloods.” Every champion has come from either the SEC, ACC, or Big Ten, and until the 2021-2022 sea ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
By: Alec Winshel
On October 12th, the Supreme Court heard oral arguments in the case of The Andy Warhol Foundation for the Visual Arts Inc v. Goldsmith. Litigants traded arguments scrutinizing the boundaries of artistic license while Justices lobbed hypotheticals that probed the nature of book-to-film adaptations and the boundless creative implications of color. The hearing was a departure from the court’s recent spate of highly politicized cases. Laughter echoed in the chamber as Justice Thomas hinted at his waning fandom of Prince and lawyers admitted their insufficiently intimate knowledge ..read more
Harvard Journal of Sports and Entertainment Law
1y ago
The Harvard Journal of Sports and Entertainment Law is thrilled to share that Volume 13, Issue 2 is now live. The Issue begins with an essay from Professor Irene Calboli and Vera Sevastianova on the impact of the ongoing Russo-Ukraine conflict on fashion and trademark law. From there, this Issue of JSEL features four scholarly pieces on timely topics of sports and entertainment law from Professor William Berry, Chui Ling Goh and Professor Jack Anderson, Professor Stacey Lantagne, and Professor Brian Porto.
Check out the full issue here.
Check out the individual pieces below:
Essay
Fashion in t ..read more
Harvard Journal of Sports and Entertainment Law
2y ago
By: Lincoln T. Lair[1]
Despite their differences, English Football (association football) and American Football share many similarities. They are both the most watched sport in their respective countries, fans revolve their weekends and lives around their team or club’s schedule, and they both provide a sense of comradery and passion. Unfortunately, the comradery for fans in both sports can be blocked by biases and prejudices, and their passion for the game can switch to an unrelenting and irrational hatred in a matter of seconds. This breeds an unwanted similarity between th ..read more