Sports & Entertainment Law Section Articles of Interest (February 2020)

Members of the Sports & Entertainment Law (“SEL”) section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third party articles found that would be of interest to the entire SEL section members.

XFL’s Second Act in Hands of Lawyers, With Three Running Teams

How Talent Deals Are Evolving As Studios Become Streamers

SAG-AFTRA Revealed Qualifications and Protocols for Intimacy Coordinators

AFM Unveiled a Shorter Schedule for 2020 and On

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The Future of College Sports Conference (Co-hosted by Duke Law and The Fuqua School of Business)

By Zach Flagel 

Duke Law and The Fuqua School of Business are co-hosting a Future of College Sports Conference to take place on March 6 and 7 (the weekend of the Duke-UNC game).

The conference will be hosting, among others:

  • Jay Bilas, ESPN analyst
  • David Robinson, NBA Hall-of-Famer
  • Congressman Mark Walker (NC)
  • Amy Perko, CEO of the Knight Commission
  • Robin Harris, Executive Director of the Ivy League
  • Donald Remy, NCAA COO/Chief Legal Officer
  • Stan Wilcox, NCAA VP of Regulatory Affairs
  • Leading sports law litigators at Winston & Strawn and Robinson Bradshaw

A full speaker list and registration details can be found at the conference website. Please do not hesitate to reach out to Zack Flagel if you have any questions.

Sports & Entertainment Law Section Articles of Interest (January 2020)

By various authors

Members of the Sports & Entertainment Law (“SEL”) section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan, kelly.ryan@katten.com and Amanda Whorton, amwhorton@gmail.com) if you would like to submit either personally written pieces or other third party articles found that would be of interest to the entire SEL section members.


Take More Than a New York Minute Before You Re-Tweet

Pending State Bills Propose to Limit The Ability of Transgender Student-Athletes to Compete

BuzzFeed Wins Libel Suit Regarding “King of Bullsh*t News” Article

Virginia Considering Student-Athlete Name, Image and Likeness Legislation

As The NCAA Formulates Options, More States Opt To Use Legislation As The Solution For Name, Image and Likeness Rights

Inspiration to Infringement: Copyright Issues in Scripted Entertainment Inspired by Song Lyrics

Duke Law’s 10th Annual Sports & Entertainment Law Symposium (Friday, January 17)

By Zack Flagel

On behalf of Duke’s Sports and Entertainment Law Society, you are cordially invited to attend Duke Law’s 10th Annual Sports & Entertainment Law Symposium Friday, January 17.

This year, the theme is “Athlete and Artist Rights in the Evolving Sports, Entertainment, and Music Industries.”

The Symposium includes a panel addressing the USWNT/Equal Pay Movement and a corresponding Keynote Address by Nancy Hogshead-Makar, a prominent women’s sports advocate and Duke Olympic gold medalist. The Symposium will also feature panels on the film and music industries.

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Sports & Entertainment Law Section Articles of Interest (December 2019)

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

Want To See Pete Davidson Do Standup? There’s An NDA You Have To Sign First…

A slam-dunk? Sweeping and dramatic changes may be coming to the NBA

Federal Legislators Form Working Group To Address Student-Athlete Name, Image and Likeness Rights

Questions Raised Over Marketing Restrictions on Olympic Athletes

Tepper Sports files for 8 trademarks for Charlotte’s MLS team name

No Apologies: Marc Jacobs Pushes Back on Nirvana’s Copyright and Trademark Infringement Claims

Mid-Year Comments from the NCBA SEL Chair

By Brandon J. Huffman

It’s 2020. No longer is that the first line in a sci-fi movie. It’s fact.

With a new calendar year, it also marks another milestone. We are halfway through the bar year. It’s hard to believe my term as chair of the Sports and Entertainment Law Section is half over, but I’m excited about what we’ve done so far and thrilled about the next few months.

The last calendar year was a difficult one for me both personally and professionally. To those of you who know me well, this will not be a surprise. To anyone else: I’m a fairly open book so feel free to ask at the next networking event – let’s get to know each other better. That said, throughout the year, the support of connections that I’ve made – friends, really – through the NCBA and this Section have been invaluable. That includes the NCBA staff.

Without them, this year would have been much, much more difficult. That support wouldn’t have been available to me without a few simple networking events and repeated opportunities to build friendships through the NCBA.

So far this year, we have organized group outings to minor league baseball in Greensboro, virtual reality in Durham, happy hour in Cary and partnered with SLA and others for a college football game. This coming winter and spring, we are working on a joint event with the Corporate Counsel section, a Carolina Hurricanes game, The Racing Attorney Conference returns to Charlotte and more.

Over the next few months, I’d like to ask each of you to consider your role in the Section. At minimum, come enjoy some of these events. Then, there are lots of ways to be more involved. If you’re not already on a committee, join one. At the Section’s annual meeting in April, the Section council will vote on a new slate of officers – maybe one could be you. A committee of us will also recommend to the new chair a new set of committee leaders and new council members. If you have an interest in any of these positions or changing up your role, please reach out to me.

Sports & Entertainment Law Section Articles of Interest (November 2019)

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

NCAA board approves athlete compensation for image, likeness

Questions Remain After NCAA Vote Allows Student Athletes to Cash In

Operation Full Disclosure, Continued: FTC Releases Disclosure Guides for Influencers

Former College Athlete Sues NCAA, Member Schools for Student-Athlete Pay

Court Strikes Alleged Marijuana Queenpin’s Defamation Claim

Legal Implications of Colin Kaepernick’s NFL Workout

Football finance: Factoring in cash flow

The Slippery Slope of Legalizing Sports Betting in North Carolina

By Mike Garrigan

By amending its gambling laws this past summer, North Carolina may have invited an uncontemplated inevitability. On July 26, 2019, North Carolina Governor Roy Cooper signed Senate Bill 154 into law.[1] The new law allows “sports and horse race wagering” on Native American tribal lands under the federal Indian Gaming Regulatory Act.[2] Senate Bill 154 aimed to amend N.C.G.S. § 14-292.2 so that “sports and horse race wagering” would be included on the list of games that could be legally conducted in casinos located on tribal lands within North Carolina.[3] Under the new law, sports betting must occur on tribal lands and is limited to betting on the outcomes of sporting events.[4]

North Carolina became the tenth (10th) state to legalize sports betting, albeit limitedly.[5] In the wake of the Supreme Court’s striking down of the Professional and Amateur Sports Protection Act (“PAPSA”) in 2018,[6] many states have authorized sports gambling using a “walk-jog-run” approach.[7] This method slowly introduces sports betting into the population. The “walk” stage allows gambling in only brick-and-mortar locations, like tribal land casinos. The “jog” period permits “proposition” betting on aspects of sporting other than the outcome of games. The “run” phase authorizes mobile betting. Proponents of the North Carolina law estimated that a brick-and-mortar sports betting approach could generate as much as $1.5 million in revenue for the state.

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Did You Know You Have Exclusive Access to our Membership Directory?

Did you know when you join the Sports and Entertainment Law Section (“SEL”) of the North Carolina Bar Association, you gain access to our membership directory? Our membership consists of lawyers who represent sports and entertainment clients, serve as counsel to organizations engaged in the multi-billion-dollar sports and entertainment industry, and wish to broaden their practices to include the sports and entertainment area. As you can see, this membership directory tool can be very useful to start making connections. In the directory, it lists the attorney’s or law student’s name, firm or company, address, phone number, and email address.

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Sports & Entertainment Law Section Articles of Interest (October 2019)

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

That’s So Punny! Trademark Rights in Puns and Wordplay

We Got The Beet: Trademark Claims and Puns

Lessons from Antonio Brown’s Dismissal: Don’t Fumble the Morals Clause

‘The Slants’ Founder Explains Trademark Victory Over All-Asian Band Name

From Forever 21 to FC Barcelona, a Look at adidas’ History of 3-Stripe Legal Fights

What’s in a name? Liverpool FC withdraw applications for “Liverpool” trade marks

Hamilton Spat Shows Challenge in Carving Copyrights From History

UPDATE: New York Student-Athlete Name, Image, and Likeness Bill Amended (Again)

The Number of States Supporting Student-Athlete Name, Image, and Likeness Rights Continues to Grow

New Jersey Joins the Growing Number of States Seeking to Create Name, Image and Likeness Rights for Student Athletes in Direct Defiance of Current NCAA Bylaws

NCAA Board of Governors Approves Policy Permitting College Athletes to Benefit From Use of Name, Image, and Likeness

NCAA Clears Way for Athletes to Earn Endorsement Money

NCAA board approves athlete compensation for image, likeness