Data Dilemma: The Hidden Costs Behind Temu’s Bargains
Brooklyn Sports & Entertainment Law Blog
by Ryan Brown
1w ago
Littered among the commercials during Super Bowl LVIII were several ads for Temu, an online retailer based in China. Between the loud music, bright colors, and promises of “shopping like a billionaire,”1 Temu’s ads were hard to miss. These commercials, paired with the record-breaking 123.7 million Super Bowl viewers, resulted in a 34% increase in downloads of Temu’s app from the previous day.2 Although the promotional promises seem exciting, Temu’s business and marketing model has raised questions. Temu spent at least $35 million on commercials and over $15 million in accompanying promotional ..read more
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Concert-Goers Don’t Want To Play Monopoly
Brooklyn Sports & Entertainment Law Blog
by Raegan Brizek
3w ago
When Ticketmaster merged with Live Nation in 2010 to form Live Nation Entertainment (LNE), the primary objective was to enhance the live entertainment experience and spearhead significant advancements in ticketing technology, marketing strategies, and customer service. 1 However, in 2022, Taylor Swift fans called for the breakup of LNE following issues during ticket sales for “The Eras Tour.”2 The “Swifties” voiced concerns about ticket prices, unscrupulous ticket scalpers, and overall competition within the market.3These concerns led to the filing of two separate class action lawsuits against ..read more
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Sportswashing and The UAE’s Baseball United League
Brooklyn Sports & Entertainment Law Blog
by Maxwell Russ
1M ago
On Monday October 23, 2023, Baseball United, a newly created baseball league in Dubai, United Arab Emirates (UAE), held its first ever draft.1 Baseball United consists of four teams, the Cobras, Monarchs, Wolves, and Falcons.2 The draft included numerous Major League Baseball (“MLB”) legends such as Robinson Cano, Pablo Sandoval, and Bartolo Colon, now all retired from MLB.3 All these players had stepped away from the game of baseball. Yet, the allure of being featured as the faces of and stars of this newly created league in Dubai lured them back from retirement.4 In addition to these MLB pla ..read more
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Playmakers: Business and Legal Leaders Within Players’ Associations
Brooklyn Sports & Entertainment Law Blog
by Jean Joun
1M ago
On Monday, March 4th Brooklyn Law’s Entertainment & Sports Law Society (BESLS) and Labor & Employment Law Association (LELA) came together to host a panel discussing business and law within players’ associations. The panel was moderated by Andrae Nelson, Associate Legal Counsel at Overtime. Three esteemed panelists joined BESLS, LELA, and the Brooklyn Law community in the student lounge: Michael Goldsholl, Director of Operations for Business & Legal Affairs for the Women’s National Basketball Player’s Association (WNBPA); Shawn McDonald, SVP of Business & Legal Affairs for the ..read more
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The Legal Implications of the Upcycling Craze
Brooklyn Sports & Entertainment Law Blog
by Emily Slavkin
1M ago
Have you ever wondered how there are so many businesses selling “Louis Vuitton” key chains or “Gucci” wallets for a price that seems too good to be true? Chances are, it is too good to be true, and the seemingly designer item being sold for a reasonable price, is just another one of the hundreds of counterfeit sellers, disguising themselves as an “upcycler,” in the United States today. Every few years, we see the rise and fall of many fashion trends, and currently, we are experiencing the fad of the upcycling and secondary resale market craze.1 This trend creates more affordable options for lu ..read more
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Authoring AI – How the Copyright Act of 1976 Protects Authored Works From Machine Learning Databases
Brooklyn Sports & Entertainment Law Blog
by Selma Jay
2M ago
Since its public launch in 2022, OpenAI’s ChatGPT has become one of the most used data tools on the market.1 Its seemingly endless knowledge has greatly increased efficiency in many industries and inspired many other AI tools, including chatbot Google Bard.2 However, its method of data gathering has been the subject of many controversies and legal challenges, with the newest one coming from authors whose works have been fed to ChatGPT without compensation. As language learning models continue to develop, courts may have to review their outputs to prevent copyright infringement. This article wi ..read more
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Should Musicians Unionize to Respond to Streaming Inequity?
Brooklyn Sports & Entertainment Law Blog
by Anike Tella-Martins
2M ago
Hot Labor Summer Meets Hollywood The summer of 2023 was appropriately labeled by labor experts and advocates as the “Summer of Strikes,”1 as well as “Hot Labor Summer.”2 Unions across America, including the International Brotherhood of Teamsters, which represents United Parcel Service (UPS) workers3 , United Auto Workers (UAW)4 , the Writers Guild of America (WGA), and the Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA), rejected the contract proposals of their respective employers, and either threatened to or entered strikes.5 Most notably, the WGA and SAG ..read more
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Sustainability Showdown: Unveiling the Legal Battle Against Greenwashing
Brooklyn Sports & Entertainment Law Blog
by Georgia Paliogiannis
3M ago
Over the last few decades, legislative and social efforts have influenced companies to institute eco-friendly practices. But the push toward environmentalism has been accompanied by a deceptive and dishonest practice known as greenwashing. Coined in the 1980s by environmentalist Jay Westerveld, the term “greenwashing” refers to when a company or organization falsely portrays itself as environmentally conscious or overstates eco-conscious practices that are largely symbolic. 1 Westerveld first used the term “greenwashing” to describe a hotel policy urging guests to  reuse towels to “save t ..read more
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Performing Arts and Public Pockets: A Legal Look at Government Support for the Arts
Brooklyn Sports & Entertainment Law Blog
by Daniel Erber
5M ago
         On Monday, November 13, 2023, the Brooklyn Entertainment and Sports Law Society (BESLS) hosted the Performing Arts and Theater Panel entitled, “Performing Arts and Public Pockets: A Legal Look at Government Support for the Arts.” Among the esteemed panelists were Tom Ferrugia, the Director of Governmental Affairs at the Broadway League; Scott Bartlof, representing theatrical account Robert Fried and Withum Smith and Brown; Ty Jones, the Producing Artistic Director of the Classical Theatre of Harlem and Sarah Street, a founding member of the Pond ..read more
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Delinquent Royalty Payments: A Conflict with Royalty Distributions in Music
Brooklyn Sports & Entertainment Law Blog
by Kyle Hogan
5M ago
With the proliferation of streaming services such as Apple Music and Spotify, the way consumers listen to their favorite songs has changed. Royalty rates, the specific amounts to be paid to artists during a particular time period, have recently become a source a conflict between artists and streaming services. Specifically, when the most recent royalty rate was determined, streaming services appealed the decision, and ultimately, artists will have to wait months to reap the benefits they are rightfully owed. This article examines how royalty rates are set and also examines that conflict betwee ..read more
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