NYU goes ERIE! Prep for this years Law Revue?

REGISTER NOW!

In order to register for Industry Night II: Breaking Into Sports and Entertainment Law, you must do the following:

Comment on this blog post with the following information:
-Your name and year
-Your non-SHU email address
-The reason you would like to attend the event
-3 questions that you would like to ask the panelists. These questions can be for the general group, or to any of the individual speakers.

Upon receipt and approval of this information by the Executive Board, you will receive a confirmation and ticket to the email you provided. If you do not receive confirmation within 48 hours of submission, please email KristaLynnPeckyno@gmail.com

Seton Hall Law School Industry Night II: Breaking Into Sports and Entertainment Law Registration Opens TODAY!

Registration for the highly anticipated event, Breaking Into Entertainment and Sports Law, taking place at the law school on November 4th, 2010, will open at 5:00pm this evening. Students can register by being one of the first forty people to comment on the REGISTRATION blog post by leaving 3 questions that they would like to ask our distinguished panel of guests, including visitors from the National Hockey League, the New York Jets, Madison Avenue Sports and Entertainment, and Bienstock & Michael, P.C.

Registration will be confirmed when the student receives a confirmation email with a ticket for the event within 48 hours of posting.

Best of luck in reserving the highly coveted spots!!!

Check out Seton Hall Law ESLS this week!

This week, incoming students of Seton Hall Law School in Newark, New Jersey have the first chance to meet and greet with the Executive Board of the Entertainment and Sports Law Society at the Seton Hall Law Organization Fair during Orientation.

Come out for a great chance to get to know people before the school year gets started and find out how you can be involved for the upcoming year!

The Face Book contract

Surely most of you have heard by now of the random New Yorker who claims he owns 84% of Facebook. This man, Paul Ceglia, has brought into evidence a work made for hire contract between himself and Facebook genius Mark Zuckerberg that was supposedly signed when Zuckerberg was a college sophomore.

Zuckerberg has consistently claimed to not remember signing any such contract, and reps for the Facebook guru are now calling the document a forgery. At the end of the day, even if such contract existed, what it all boils down to is to what the parties intended. If the parties intended to sign away a percentage of interest in what was or became facebook, then the contract, if genuine, would be valid. A copy of the alleged contract can be found HERE

Albie Manzo v. Seton Hall Law School

Albie Manzo, known from his fame in Real Housewives of New Jersey as the son of Caroline Manzo, is causing more of a stir after being booted from Seton Hall at the end of the year. Check out this Above the Law article for the latest... http://abovethelaw.com/2010/07/albie-manzo-v-seton-hall-law-school/

BitTorrent finds a legal use

BitTorrent, one of the world's most popular sites used for downloading of music and movies, has just added another legal use in case anyone is keeping score. In 1984 when the Supreme Court handed down its landmark contributory infringement case in Sony Pictures v. Universal City Studios, the highest court of the land allowed Sony's Betamax Recording system (which was replaced by the VCR by the time the case reached the Supreme Court) to continue to be on the market because of its non-infringing fair use potential. This basically translates to the following- if a product that could be used for illegal purposes also has substantial non-infringing uses, the product could escape secondary liability for copyright infringement.

Over the weekend, Facebook announced that it uses the popular downloading site to transfer updates through code to its tens of thousands of servers.Other companies that have copped to using BitTorrent for similar purposes include Twitter and Blizzard's World of Warcraft online subscriber system.

The revenge of Michael Jackson...

This morning, in a federal court in California, Joe Jackson, estranged father of Michael Jackson, who died tragically one year ago today, is expected to file a wrongful death action against Dr. Conrad Murray. TMZ broke a copy of the complaint which can be accessed here--> Joe Jackson's Wrongful Death Lawsuit.


While no one but Dr. Murray and Michael Jackson know what happened on that fateful morning one year ago today, Jackson's cause of death was determined to be from an overdose of Propofol, a drug that requires close physcian monitoring, and sent him into cardiac arrest from which he was unable to be resuscitated. The complaint alleges that Dr. Murray attempted to clean up the scene before EMT's were summoned and could arrive to tend to Michael.

Whatever it was that occurred, the truth is that Michael Jackson's loss was suffered by the entire planet that he worked so hard throughout his life to care for. Having sold some 9 million records, starred in a hit documentary/movie, and generated almost $1 billion since his unfortuante passing, Michael Jackson's legacy as the King of Pop is sure to have a permanent place in pop culture for generations to come.

RIP King. RIP Michael Jackson
August 29, 1958 - June 25, 2009

New Jersey's nixed tax credit forces Law & Order: SVU to leave the state

Yesterday, New Jersey Governor Chris Christie's budget reform package was approved by a state panel and is expected to pass an upcoming vote by both houses this coming Monday. Pending the approval of the budget, New Jersey will be suspending its film and TV production tax credit, which according to estimates, provides nearly $500 million in wages annually to some 7,000 New Jersey production workers. An additional $508 million is earned annually by 3,000 small businesses who supply film and TV productions in the state.

The show has been one of the highest profile TV series based in the state for over a decade. Sets for the show are in NBC's Central Archives building in North Bergen. Due to the sudden cancellation of the original Law & Order series, space has opened at the studio in Chelsea Piers that could be the potential new home for the cast and crew. The relationship between the Piers and Law & Order has become such a staple in the filming of the original series that a road leading to Pier 62 was renamed Law & Order Way back in 2004.

Facing the elimination of the 20% tax incentive, shows in addition to SVU could become homeless as well. Many fear that SVU's exit, and potentially many others, from The Garden State will have a detrimental impact on the local filmmaking community when many of the crew members lose their jobs if the show transfers across the Hudson. Stay tuned for the important votes on Monday.

Singing in public forbidden?

Sullivan's Island, a small town of about 2,000 in South Carolina, has proposed a city ordinance that would ban public singing, among other things, if it annoyed other persons, with increased watch between the hours of 11:00pm and 7:00am. The text of the ordinance reads:

"It shall be unlawful for any person to yell, shout, hoot, whistle, or sing on the public streets, particularly between the hours of 11:00pm and 7:00am or at any time or place so as to disturb the comfort, or repose of persons in any office, or in any dwelling, or other type of residence, or of any persons in the vicinity."

The town of Sullivan's Island is a barrier island just north of Charleston's Harbor, and can grow in size to about 5,000 people on the weekends during the summer. The town council has already voted for the ordinance on two prior occasions, and after a third vote in July, it is expected to be put into effect in August of this year.

Andy Benke, the town administrator, told CNN that people are welcome to come enjoy the town, but wanted to make it clear that loud, disruptive noises- which includes singing in public- will not be tolerated.

Thoughts?

The Hollywood Reporter's Top 10 List of Celebrity Neighbor Legal Disputes

Celebrities versus their neighbors is always a fun topic. Time to add another dispute to our Hall of Fame.

Val Kilmer is having trouble getting the zoning permit to turn his 6,000-acre New Mexico ranch into an upscale bed-and-breakfast. His Santa Fe neighbors are still outraged by his 2003 interview with Rolling Stone, in which he called his neighborhood the "homicide capital of the Southwest" and said that "80 percent of the people in my county are drunk."

Let's call Kilmer's fracas No. 10 on our list of favorite disputes involving celebrities and their neighbors. The other nine:

Click the link below to read Eriq Gardner's Top 10 disputes. Eriq writes for The Hollywood Reporter, Esq. and this article originally appeared on its website, linked to below.

Top 10 celebrity neighbor disputes

In a stunning decision, court sides with defendant Google/YouTube in Viacom case

In a stunning decision yesterday, a federal judge granted Google/YouTube's motion for summary judgement and dismissed the case against them by media giant Viacom, standing on the side of defendants in a decision that has the potential to rock the entertainment world in years to come.

Judge Stanton says that "The DMCA is explicit," and that the law shouldn't attempt to put conditions on safe harbor protections when an Internet Service Provider is actively looking for infringement and removing infringing materials.

In the lawsuit originally filed in 2007, Viacom had claimed that YouTube deliberately infringed on its copyrights and knowingly allowed content to remain on its site. The case is expected to be promptly appealed.

Viacom v YouTube Summary Judgment


Michael Fricklas, General Counsel for Viacom responded to the summary judgment ruling and made the following statement"

"We are disappointed with the judge’s ruling, but confident we will win on appeal.

Copyright protection is essential to the survival of creative industries. It is, and should be, illegal for companies to build their businesses with creative material they have stolen from others. Without this protection, investment in the development of art and entertainment would be discouraged, and the many artists and producers who devote their lives to creating it would be hurt. Copyright protection is also critical to the web -- because consumers love professional content and because legitimate websites shouldn’t have to compete with pirates.

YouTube and Google demonstrated that required tools to limit piracy aren’t impossible to find or even that difficult to implement -- they fixed the problem of rampant piracy on YouTube after Viacom filed this lawsuit.

Before that, however, YouTube and Google stole hundreds of thousands of video clips from artists and content creators, including Viacom, building a substantial business that was sold for billions of dollars. We believe that should not be allowed by law or common sense.

This case has always been about whether intentional theft of copyrighted works is permitted under existing law and we always knew that the critical underlying issue would need to be addressed by courts at the appellate levels. Today’s decision accelerates our opportunity to do so.

New York Giants great LT indicted on rape charges

Lawrence Taylor, a New York Giants legendary linebacker and NFL Hall-of-Famer, has been indicted by a New York grand jury for various charges involving the alleged hiring of a 16 year old prostitute. Charges include: third degree rape, criminal sexual act, sexual abuse, endangering the welfare of a child, and patronizing a prostitute.

On May 6, 2010, LT was arrested at a Holiday Inn in Ramapo, NY, where he allegedly paid a 16 year old girl $300 to have sex.

Taylor, a 10 time Pro Bowler, helped lead his New York team to SuperBowl victories in 1987 and 1991.

Taylor is scheduled to appear July 13 in Rockland County, where the case was transferred from Ramapo Town Court.

Lawrence also appeared on Season 8 of ABC's Dancing With The Stars, where he appeared with partner Edyta  Sliwinska. He made it through to Week 7 on the show after strong support from the fans and swift footwork.

$30,000 in back veterinarian bills? How is that possible?

Dr. Cindy Bressler, veterinarian of Mariah Carey and other celebrities and Manhattan wealthy, has filed a lawsuit against the superstar songstress claiming that she owes approximately $30,000 for providing "extraordinary services" for three of Mariah's Jack Russell terriers. The reported bill was actually about $38,000, of which Mariah has only forked over $8,000 thus far.

Dr. Bressler is claiming she cared for the pups 24/7 and even delivered one of them, Dolomite, while Mariah was in Los Angeles promoting one of her recent movies.

The other two pups names are adorable- Cha-Cha and JJ. A representative for Mariah has denied knowledge of any such suit as of this time.

The Naked Cowboy v. The Naked Cowgirl!

Only in New York.

Sandy Kane, the somewhat elder female version of The Naked Cowboy, has been appearing in Times Square for at least a year. I remember visiting a show at the Marriott Marquis Hotel in Times Square last August and Sandy Kane, who calls herself The Naked Cowgirl, was playing right outside of the theatre for patrons and passersby.

Well, it appears the franchise known as The Naked Cowboy has not been too pleased with the competition and has now sent Sandy Kane a cease and desist letter and requested that 1) she discontinue dressing as The Naked Cowgirl, or 2) join the franchise.

The Naked Cowboy spoke to several news stations in New York yesterday declaring that Sandy Kane actually is helping increase the value of his brand, but since she is the only one profiting from it, it is unfair since he has a valid trademark in the brand since 2000.

The Naked Cowboy is reportedly seeking as much as $150,000, but a representative for Robert Burck, The Naked Cowboy, said that they were willing to negotiate and settle.

Probation Extensions... Fair?

Earlier today a Los Angeles county judge extended Nicole Richie's probation for her 2006 DUI (while driving the wrong way on a freeway, mind you) until March of 2011. Although the probation was scheduled to terminate during July 2010, the alcohol education program supposedly had excused several of her absences in order to deliver and care for her two children. The judge said she would terminate the program earlier if she finishes the required number of classes before the deadline.

All the stats on In-House Legal Jobs

Unlike law firms that saw extensive layoffs in 2009, most in-house departments battened down the hatches and managed to maintain headcount by freezing pay, slashing bonuses and shelving recruitment plans. As the market improves we are seeing a definite if modest return to hiring and, in some areas, a correspondingly small improvement in reward levels. In an annual survey conducted by International Legal Recruitment gurus at Lawrence Simons, the following information was found about in-house legal positions in North America. And, as many of the sports and entertainment positions in our industry are in-house, this is some good information to know.

A copy of the report can be found HERE

In House Legal Counsel Positions in North America
Years of Post-Qualified Experience	Median Salary
0-1	$105,500
2-3	$115,600
4-5	$145,300
6-7	$160,400
8-9	$175,000
10-11	$190,900
12-13	$220,700
14-15	$280,000
16-20	$300,000
21+	$250,000

A full time twitterer...?

Lets face it, ladies and gentlemen. We live in an internet world. In fact, with all the time and energy we put into computers and machines, we might very well be living in our own version of The Matrix. In a time when the world is experiencing a severe economic downturn that just seems to never end, some companies are taking advantage of the world's dependence on these machines and creating entirely new positions to compete.

Back in December of last year Pizza Hut announced that it was hiring an intern, wait- a "twintern" to keep up with Pizza Hut fans on twitter through the user name @PizzaHut. After extending the offer to a full time job when the twintern was more successful than the company imagined, the twintern was promoted to Tweetologist.

Tweetologist? Are you kidding?

Pizza Hut hired a full time worker to play on the internet all day. The position included more than just that, obviously... the person got to attend various advertising shoots, meetings and various corporate events, but really... at the end of the day, weren't they just a glorified status updater?

Apparently not. MTV has become the latest company to join in on the twittern craze. Calling it a "natural evolution" of its programming, MTV is using social media to hire its next employee. In fact, its more than that. The employee will have the glorified title of TJ- Twitter Jockey- a play on MTV's now famous job titles. The job requires a very large social media presence- we're talking Facebook, MySpace, Blogs, Twitter, etc...- and even includes some screen time. MTV is finishing up its contest at the end of this week, so all you potential TJs out there- nominate yourself or a friend HERE

Mistress files paternity action against Woods

Mistress # ??? (15? 18? Is anyone still counting?), Devon James, has filed a paternity suit against the famous golfer and now infamous adulterer, Tiger Woods. Legal documents filed in Manatee County, Florida, ask a judge to determine the paternity of her 9-year-old son, Austin Brinling. James, a known porn star, said she desires to establish the "paternity, parental responsibility, time-sharing, and/or support of a minor child."

James' mother, who currently has custody of Austin, claims there was a paternity test performed in 2002 which showed that Woods was not the father of the child.

First reported on TMZ- Celebrity Justice.

Lindsay Lohan cleared on SCRAM scare

LA County Probation Department has cleared Lindsay Lohan from any wrongdoing on the night of the MTV Movie Awards when allegedly her SCRAM bracelet sent a signal to the monitoring agency, indicating that Ms. Lohan had indeed consumed some unknown quantity of alcohol.

However, as it appears, when Lohan reported several hours later to submit to a urine test, the urine was clean of any alcohol in it. This seems to hold true to Lohan's story that someone had merely spilled alcohol on her at an after party in Los Angeles.

Seton Hall Entertainment and Sports Law Society announces plans for Fall 2010

After crowning its new Executive Board in April, 2010, the Seton Hall Entertainment and Sports Law Society has announced its plans for the Fall 2010 Semester, including a reprise of its sold-out event from 2009, "Breaking Into Sports and Entertainment Law". Details for the events follow below:

August 25, 2010- General Meeting- The first meeting of the semester will take place on Wednesday, August 25, 2010 at 4:00pm in the Large Moot Court Room of Seton Hall Law School. Refreshments will be provided and programs for the semester will be highlighted, along with externship opportunities available to students and information about the entertainment concentration currently offered. This is a great opportunity for all students, especially 1Ls, to get involved with the organization right from the start. Elections for Student Bar Association Representatives will be conducted at the meeting.

September 9, 2010- Pre-Game NFL Kick-Off Party- After the wildly successful event in 2009, the NFL Kick Off party will re-emerge in 2010 as the Minnesota Vikings take on the Super Bowl Champion New Orleans Saints. The event will take place from 7:30-11:00pm at Port 44 Brew Pub on Commerce Street in Newark, NJ. The event will include raffles for sports and entertainment giveaways and special appearances throughout the night.

November 3, 2010- Breaking Into Sports and Entertainment Law- The best way to describe this event is to come out and say it... NOT YOUR TYPICAL NETWORKING EVENT. After a sold-out, standing room only crowd raved about the event last year, Seton Hall's ESLS is bringing back the event that you asked for. Featuring a very intimate format that allows for students to sit amongst the movers and shakers of the entertainment and sports industries, the event is designed for maximum student interaction. Rather than recite prepared speeches or tell life stories, our distinguished guests come to the event having engaged in no preparation. The students are required to submit a series of questions that they can ask to the speakers in a free-flow format, with moderation taking place only to kick off the event. This allows the students to get personal time with each speaker and to ask the questions that they are most curious about. And, as expected, most students are most curious about how the speakers ended up in their current positions, what they do on a day to day basis, and suggested "yellow brick roads" to follow post-graduation from law school. The event is sports business casual and attendance is on a strick first-come, first-served reservation basis, pending proper submission of required materials. Seton Hall welcomes alumni attendees and any interested persons from other law schools.

The Executive Board at Seton Hall Law School welcomes the chance to interact with you later this fall! All inquiries can be directed at SHUlawESLS@gmail.com.

Congratulations to Seton Hall ESLS President

President of the Seton Hall Entertainment and Sports Law Society, Krista Lynn Peckyno, has been selected as an Executive Board Member of the New Jersey State Bar Association's Young Lawyers Division. Miss Peckyno will serve as a voting member of the Executive Board as State Law School Representative for the three New Jersey law schools-- Seton Hall Law, Rutgers- Camden, and Rutgers- Newark -- in meetings and events throughout the year. Congratulations!

Great Blog to check out....

It appears that one of our own has reached a monumental level of success, and we thought we'd pay tribute to Darren Heitner, the founder and CEO of Dynasty Athlete Representation and Founder/Chief Editor of SportsAgentBlog.com. Check out his bio below for a little information on Mr. Heitner's success (did I mention he's still in law school?). And, for some great sports law reading, please check out his blog. 

Darren Heitner is the Founder/CEO of Dynasty Athlete Representation, a full-service sports and talent agency based in the State of Florida. He is also the Founder/Chief Editor of SportsAgentBlog.com and EntertainmentAgentBlog.com, which are leading niche industry publications. Darren is regularly interviewed on sports radio and television shows including CNN, written pieces that have been featured in various top sports publications including ESPN.com, and spoken at/moderated sports discussions at institutions of higher education.

Darren is well versed on every aspect of sports law. He is a Contributing Writer of An Athlete’s Guide to Agents, 5th Edition and author of a Dartmouth Law Journal article titled, Duties of Sports Agents to Athletes and Statutory Regulation Thereof.

Darren has a Bachelors of Arts from the University of Florida and as of April 2010, he will have his Juris Doctor (J.D.) degree from the same institution, where he served two terms as the President of the Entertainment and Sports Law Society and Chair of the popular UF Sports Law Symposium. He is also the Public Relations Director of the National Sports and Entertainment Law Society and Associate Executive Director of the Jewish Coaches Association.

Darren is a member of many prestigious Honors Societies including Phi Beta Kappa, Phi Kappa Phi, and Florida Blue Key.

2010 Santa Clara Sports Law Symposium

2010 Sports Law Symposium

September 16, 2010
9 a.m. - 5 p.m.

Presented by Santa Clara Law
in association with the Santa Clara University Athletic Department

CURRENT SPORTS LAW ISSUES:
CONCUSSIONS, STEROIDS, AND THE USE OF PLAYER IMAGES

	Keynote Speaker: Alan Schwarz, Reporter,New York Times
	Lunchtime Speaker: William Neukom, Managing Partner, San Francisco Giants

Also speaking:

Football great, Jim Brown; Anaheim Ducks CEO, Michael Schulman; Executive Director of NFLPA, DeMaurice Smith; General Counsel of NCAA, Elsa Cole; University of California Professor, Harry Edwards; Santa Clara University Athletic Director, Dan Coonan; CEO of BDA Sports Management, Bill Duffy; Anti-Doping Research, Inc. CEO, Don Catlin; University of San Francisco Sports Management Professor, Dan Rascher; Stanford University Economics Professor, Roger Noll; Retired NFL player, Walter Beach; Former San Francisco '49ers team doctor, Michael Dillingham; U.S. Olympic Committee Ombudsman, John Ruger; Former WCC Commissioner, Mike Gilleran; Senior Vice President, Legal, of IMG, John Raleigh; and practitioners actively involved with ongoing and recent litigation

For more information, visit the Santa Clara School of Law website 

Ex-Manager vs. Mother... the fight over Britney Spears

In 2008, Britney Spears' ex-manager, Sam Lutfi, filed a defamation suit against the mother of the pop princess, Lynne Spears. Lynne had penned a memoir of sorts, entitled "Through The Storm", in which she alleges Lutfi secretly drugged her daughter and was the mastermind behind her public demise. As the public is well aware, Britney's career was in a seemingly never-ending downwards spiral and Lutfi claims that he merely entered at a time when it was already spinning out of control. 

In August 2009, a Los Angeles Superior Court judge refused to toss out the case against Mama Spears. A timely appeal was filed several weeks ago by the Spears camp. Just this past Monday, Joseph Schleimer, attorney for Sam Lutfi, filed his brief in the case as to why the case should continue. The Court of Appeals for the State of California will hear the ex-manager vs. mother case sometime in the next few months.

All this begs an interesting question... can someone be libel-proof? Mrs. Spears is claiming that Sam Lutfi had such a low reputation at the time the book was published that his reputation could not possibly be damaged any further by anything she had to say. Lutfi attests that he has never been convicted for any crime and did not suffer a damaged reputation by a series of tabloid articles that accused him of similar tactics to those alleged by Mrs. Spears. Can someone be libel-proof? Can your reputation in the community be so bad that NOTHING can make it worse? Stay tuned, because the California Court of Appeals will surely let us know.

In non-entertainment news... Seton Hall Law in the papers

“Law and Order” and crime shows like it may shine a glamorous light on the work of the prosecutor’s office, but Shlomo Singer said he knows better. Long hours toiling for paltry pay are his reality.

Still, the 27-year-old Essex County assistant prosecutor can live with that because he loves what he does, and believes he’s providing a public service at “one of the best jobs anyone can have,” he said.

Zach Ornitz/The Star-LedgerN.J. Gov. Chris Christie talks with Monsignor Robert Sheeran during the at the Seton Hall School of Law class of 2010 commencement ceremony, held at the Prudential Center on May 28 in Newark.So when Singer learned his alma mater, Seton Hall Law School, doesn’t include prosecutors in its public interest loan repayment program for graduates, he had to object. The program only includes grads who join the public defender’s office and nonprofit agencies.

“At the end of the day, we’re providing just as great a public service as public defenders,” said Singer, who earns $47,000 a year and is married with two young children. In Essex County, “we happen to be the lowest paid prosecutors in the state. We’re the busiest and lowest paid.”

In March, Singer, with colleague and fellow Seton Hall Law alum Sarah Jolly, created a website and Facebook page to gather support for the cause. And in late April, the New Jersey State Bar Association voted to send a letter to Seton Hall encouraging the school to provide loan forgiveness for graduates who work in prosecutor’s offices or the Attorney General’s Office.

Seton Hall officials agreed that assistant prosecutors provide a public service and said it was never the school’s intention to exclude anyone. But the loan repayment program filled a specific need, said Claudia St. Romain, an associate dean at the law school.

“One of our goals was to remove some of the financial disincentives to our students who might have been not interested in going into some areas because of pay,” St. Romain said. “It was not our experience that the prosecutor’s office was one that students might have hesitated before entering.”

Begun in 2002, the loan repayment program served as an incentive for graduates entering government jobs that provide constitutionally mandated services for the under served, St. Romain said. The program, for lawyers who earn $60,000 a year or less, also includes nonprofits offering similar work.

Seton Hall’s six-year low-interest loans range between $2,000 and $10,000 a year per person, but average about $5,700. If a graduate remains at the job for at least six years, the loan is forgiven. If he or she leaves that job early, the balance must be paid. Since the program began, no one has left early, St. Romain said.

Jolly, who is 31 and a single mother, said the loan money would be a significant boost. Without it, she may have to reevaluate her career choice. “It’s almost impossible to stay here,” she said. “It strikes me as totally unfair that public defenders get it and we don’t.”

Roughly 100 law schools nationwide have similar public service loan forgiveness programs, though about 20 percent don’t include prosecutors, according to the website equaljusticeworks.org.

And while Rutgers law school includes prosecutors in its loan repayment program, part of the money comes from student fees. Seton Hall’s program is funded exclusively through private donations, St. Romain said.

Thomas Cannavo, the vice president of the Assistant Prosecutors Association of New Jersey, said he supports the effort by the two attorneys. “We encourage people with experience to stay” in the prosecutor’s office, he said. “It’s a public safety issue.”

Essex County Acting Prosecutor Robert Laurino has also lent his support, which comes at a time when his office is losing experienced prosecutors to retirement, and cannot hire new ones. The median salary for Essex County assistant prosecutors hovers at $73,000, which ranks near the bottom half among prosecutor’s offices in New Jersey, and there is an office-wide wage freeze.

“If people are being deterred from becoming assistant prosecutors because they feel they aren’t being fairly compensated, that’s an enormous concern,” St. Romain said. Still, she said, “we hear our alums and we value them. We’re trying to figure out a resolution within the numbers and the dollars.”

Until that happens, Singer said he won’t give up. “There was a judge I was in front of once, when I was in law school. She told me, if you want to be an advocate, you can’t take no for an answer.”

Article originally appeared in The Star Ledger

Piracy "Hurts"....

Voltage Pictures, producer of the hit 2010 movie "Hurt Locker", is taking piracy of its movie seriously. Voltage has hired the U.S. Copyright Group to oversee the litigation of the alleged file sharers.

The plaintiff will soon start subpoenaing 5,000 ISP addresses in an attempt to identify the users who have allegedly downloaded the pirated film illegally. According to the complaint, available HERE, the plaintiff is seeking redress for the infringement of its exclusive rights. Vintage is seeking $1,500 per act of infringement to relieve a potential defendant from liability. Each defendant will be made aware of this via a demand letter that will be distributed after the infringing users are identified from their ISP address.

Interestingly enough, internet users are already trying to plan a counterattack against Voltage for invasion of privacy.

Suing individual infringers is not a new tactic. The Recording Industry Association of America tried a similar practice, spending a whopping five years filing suits against illegal file sharers, but was never able to slow down the practice. However, the Motion Picture Association of America has modified this failed RIAA tactic by requiring Internet Service Providers to send warning letters to customers beleived to have been infringing to serve as a deterrent from future downloads and to inform these customers that litigation will be pursued if downloading continues.

Whether Voltage Pictures will have any success on this attempt to dissuade infringers remains to be seen. In the mean time, the best thing individuals can do to avoid potential liability is to steer clear of file sharing

Celebrity Sex Tapes... do you need consent?

Let’s imagine that you and your eighteen-year-old girlfriend get bored one day and decide to make a sex tape. Let’s further imagine that your ex-girlfriend eventually breaks up with you but (thankfully) forgets to demand that you destroy the tape. Six years later the ex-girlfriend becomes a reality show star, and the sex tape sitting in your closet is now potentially worth hundreds of thousands of dollars. Can you sell it without getting her consent? Can you release it on the Internet without getting sued by her?

The above “hypothetical” is of course based upon the real-life situation faced by Kendra Wilkinson’s ex-boyfriend, Justin Frye, who reportedly ended up selling a sex tape with Kendra to Vivid Entertainment for $100,000. Kendra has been widely quoted as supposedly being despondent over the release of the tape, stating on her show that “It broke my heart because how can [someone] do that when I have a baby? It just sucks. It’s the hardest thing to deal with right now.”

Most bloggers have been skeptical (to say the least) of Kendra’s protestations and with good reason. Kendra had to consent to the release of the tape in order for a well-established company, like Vivid, to release it legally. California and most states have passed specific laws protecting a person’s “right of publicity,” meaning their right to control and license their image for commercial purposes. The law also recognizes the tort of invasion of privacy. Courts have held that celebrities have a right to keep their sexual life private, and will grant injunctions to celebrities who show a threatened violation of their right of sexual privacy.

If Kendra had objected to release of her sex tape, she could have sought an injunction preventing Vivid or Frye from ever releasing the tape under either a right of publicity or a right of sexual privacy theory. I have no doubt that a court would have granted such an injunction. The fact that she did not obtain the injunction demonstrates that she must have entered into an agreement with Vivid. And, in fact, Radar Online has reported that Kendra has already received $680,000 from Vivid and will get up to 50% of profits from the tape in the future.

So, the bottom line is that if you ever find yourself lucky enough to be in possession of a celebrity sex tape, you are going to need the celebrity’s consent before you can sell or release it. The good news is that both you and the celebrity stand to make a lot of money if you can convince them to consent.

This article courtesy of The Huffington Post

Sports Law Survey... SHU Law only

Do you have a minute to help take a sports law survey in regards to Seton Hall's sports law curriculum? If so please follow the link below!

http://www.surveymonkey.com/s/K6G5WV2

Congratulations to SHU Law Professor Frank Pasquale

Seton Hall University School of Law has announced the appointment of Frank Pasquale as the Schering-Plough Professor in health care regulation and enforcement.

Professor Pasquale has been a member of the Seton Hall Law Faculty since 2004 and is the Associate Director of the Center for Health & Pharmaceutical Law & Policy. He has distinguished himself as an internationally recognized scholar in health, intellectual property, and information law. He has made numerous academic presentations at universities across North America and at the National Academy of Sciences.

A prolific writer, Professor Pasquale’s work has been featured in top law reviews, books, peer-reviewed journals, and online blogs, including Health Reform Watch, of which he is Editor-in-Chief. A frequent media presence, he has appeared in the New York Times, San Francisco Chronicle, Los Angeles Times, Boston Globe, Financial Times, and on CNN, WNYC’s Brian Lehrer Show, and National Public Radio’s Talk of the Nation.Professor Pasquale has testified before Congress and before the New York City Broadband Advisory Commission. He has presented before the Task Force on Competition Policy and Antitrust Laws of the House Committee on the Judiciary, appearing with the General Counsels of Google, Microsoft, and Yahoo.

At Seton Hall Law, Professor Pasquale has taught courses in health care finance and regulation, intellectual property law, and administrative law. He received his J.D. from Yale Law School, his M.Phil. from Oxford University, and his B.A. summa cum laude from Harvard University.As the Schering-Plough Professor in Health Care Regulation and Enforcement, Professor Pasquale will contribute scholarship which will include public policy analysis of issues related to administrative law, the regulatory and enforcement concerns of providers and patients, FDA law, and drug and device innovation.

This Professorship was made possible by a $2.5 million endowment from the former Schering-Plough Corporation and the Schering-Plough Foundation. The Schering-Plough Foundation supported the advancement of health, education, public policy, and community initiatives.

Article courtesy of Seton Hall Law School

Threading the American Needle.... SCOTUS Rules Against NFL

In what has been described as the Sports Case of the Century, today the Supreme Court has laid down its ruling.... The conduct that the NFL sought approval of was considered "concerted activity" and in violation of The Sherman Act.

In a unanimous opinion authored by Justice Stevens (likely a tribute to the Justice during his last few weeks on the court), lacking both a concurrence or a dissent, the Justices said the league should be considered 32 SEPARATE teams, not a single business falling under the "Single Entity" exception to The Sherman Act.

The league sought to get the same broad protection that is enjoyed by professional baseball, where individual teams can make financial decisions as one business. The case arose from a small Illinois-based manufacturing company that previously held long-term contracts with NFL Properties, the licensing division (and separate company) of the NFL. But, right after the most recent licensing agreement between American Needle and NFL Properties expired, the leagued entered into a 10 year exclusive deal with Reebok. This meant that American Needle was no longer free to continue to negotiate their own manufacturing agreements with ANY team.

In the absence of this competition, fans have complained about skyrocketing prices of team merchandise, to which Justice Stevens addressed in his opinion by stating: "The fact that NFL teams share an interest in making the entire league successful and profitable, and that they must cooperate in the production and scheduling of games provides a perfectly sensible justification for making a host of collective decisions. But the conduct at issue in this case is still concerted activity under the Sherman Act."

So what does this mean for players and fans? In a statement released earlier today from NFLPA Executive Director DeMaurice Smith, he stated that: "Today's Supreme Court ruling is not only a win for players past, present and future, but a win for the fans." He also went on to note that they would continue to fight for a fair collective bargaining agreement in good faith to avoid a lockout.

Celebrity Justice???

On Thursday, May 20, Judge Marsha Revel was tough as nails on the fallen-from-grace, Lindsay Lohan. While Lohan was partying in Cannes and claiming that her Passport was stolen (although the French police have reported to US Authorities that no police report was filed), her attorney, Shawn Chapman Holley, told the judge that she tried to make the flight but was turned away. Judge Revel set Lohan's bail at $100,000, which posted this morning so she will avoid arrest upon return to the States, and set several conditions upon Lohan when she returns. Most notably: Lohan will have to wear the SCRAM bracelet, which will alert authorities (by report every 30 minutes) of Lohan's blood alcohol level. Lindsay was ordered to not drink any alcohol until her formal hearing, and is to be randomly drug tested as well. Attorney Holley argued against the random drug testing, but the judge reminded her that Lindsay was charged with being under the influence of cocaine in 2007, to which the attorney responded "I don't know what else to tell you."

Although Lohan has allegedly sent out pleas to friends to find a private jet to get her back to the states, pictures as recently as this morning show her getting off a party yacht at 7:30am French time. Other pictures have surfaced of her partying during the days immediately preceding the hearing that she failed to show for. Her attorney reports that she will come back to the United States sometime today, and that they will be at the Beverly Hills Courthouse on Monday morning at 8:30am.

Will Lindsay Lohan have to finally face the music?

Should Hollywood be nervous about the latest Supreme Court nominee?

A few days ago Eriq Gardner of The Hollywood Reporter wrote an article that warned Hollywood of the reprecussions that would occur should the Senate confirm President Obama's Supreme Court nominee, Elena Kagan.

While Mr. Gardner correctly asserts that much isn't known about Kagan's philosophy, is there a reason for movers and shakers in the entertainment industry to be worried about what Kagan's effect on the Supreme Court will mean for copyright protection?

The issue of "fair use" in copyright law is hardly concept that has been so precisely defined by courts so as to leave little room for interpretation. In fact, judicial history indicates almost the complete opposite. While Kagan was the Dean of Harvard Law School between 2003-2009, she recruited Lawrence Lessig and others who have a very liberal version of fair use for copyright holders.

To hear his opinion in more detail, watch the video below from March 6, 2010, in which Mr. Lessig delves into understanding fair use.

Kagan is most notorious in the IP world for her opinion on the infamous Cablevision case, in which she wrote from her role as U.S. Solicitor General. The Cablevision argument arose when Cablevision announced its intention to enlist a Remote Storage Digital Video Recorder system (RS-DVR) so that customers would actually be storing their recorded programs on Cablevisions internal servers rather than on a physical box in their own homes. The 2nd Circuit famously overturned the trial court in holding that this was not a violation of copyright holders rights in 2008. Naturally the case was appealed to The Supreme Court, which is where Kagan's opinion came in, where she recommended that SCOTUS not hear the case.

What do you think? Will Kagan push against Hollywood in protecting copyright holders rights, fight for stronger protections for First Amendment rights, or will it even matter because her confirmation won't get approved by the Senate? Should Hollywood be afraid?

S.D.N.Y. hands down new copyright decision. RIAA gets the big W.

The music industry has landed another blow in a recent string of copyright cases against Peer-2-Peer networking giants. U.S. District Court Judge Kimba Wood for the Southern District of New York has ruled, on summary judgment mind you, that Limewire, one of the oldest file-sharing networks on the internet, is guilty of inducement of copyright infringement and engaging in unfair competition.

The theory of copyright inducement was first officially proffered by the Supreme Court in the landmark case of MGM v. Grokster, 545 U.S. 913 (2005), when one "engages in culpable expession or conduct" that would encourage another to commit infringement.

Similar to Grokster, surveys indicated that nearly 98.8% of the material downloaded through LimeWire are copyrighted materials, therefore making them unauthorized for distribution through LimeWire's network.

The RIAA has already reacted to the news in releasing the following comment: "This definitive ruling is an extraordinary victory for the entire creative community," said Mitch Bainwol, the organization's chairman and CEO. "Unlike other P2P services that negotiated licenses, imposed filters or otherwise chose to discontinue their legal conduct following the Supreme Court's decision in the Grokster case, LimeWire instead thumbed its nose at the law and creators. The court's decision is an important milestone in the creative community's fight to reclaim the Internet as a platform for legitimate commerce."

Arista Records Summary Judgment Opinion

Two new industry blogs

Two new industry-related blogs have been launched recently.

The first, National Developments in Labor and Employment Law, is published by Greenberg Traurig's Labor and Employment Law Group. This blog is run by veteran attorneys Jonathan L Sulds and John Scalia.

The second, Labor Relations Today, is published by McKenna Long & Aldridge's Labor and Employment Group. This blog is run by Seth H. Borden and Richard F. Hankins.

New Scholarship!

Harvard Law School recently published their first issue of the Journal of Sports & Entertainment Law. Click HERE to check out information and HERE to check out their first issue! Congratulations!

Congratulations to 2010-2011 Executive Board!

Congratulations to the 2010-2011 ESLS Executive Board!

President: Krista Lynn Peckyno

Vice President of Entertainment: Holly Dougherty

Vice President of Sports: Ryan Byrnes

Secretary: Michael Goldman

Treasurer: Brandon Fierro

PR Coordinator: Sara Koransky

New York Business Law for Small and Large Businesses -BIZ-MEDIA-LAW

Great article on Music Licensing

New York Business Law for Small and Large Businesses -BIZ-MEDIA-LAW

Election Meeting today! Come vote for YOUR 2010-2011 Executive Board!

Elections for all Executive Board positions for 2010-2011 will be taking place today, Tuesday, April 13th at 4:00pm in Room 271 at the law school. Please come vote for your new e-board!!!

Is it time to completely reform U.S. copyright law?

Fascinating article posted on The Hollywood Reporter- Esq. A must-read for any copyright gurus as well as anyone considering a career in the industry.

The post is writtenby Ben Sheffner, a guest author on the website who has represented movie studios, TV networks and record labels. He is currently an attorney in the NBC Universal Television Group and is a regular contributor to the law blog "Copyrights and Campaigns".

Please check out Mr. Sheffner's article by following this link- Is it time to completely reform U.S. copyright law?

Opportunities in Entertainment and Sports Law

Less than 2 months to go! The New Jersey State Bar Association 2010 Annual Meeting and Convention will be under way in Atlantic City - May 19, 20 & 21.

If you haven't already registered, what are you waiting for? Register by April 18 and save $25 off the regular fee.

Register Online Now - Click Here

With over 70 educational programs, free social and networking events, ticketed events, and the opportunity to earn up to 12 CLE credits, the NJSBA Annual Meeting and Convention is the must-attend legal event of the year!

The Entertainment Arts and Sports Law Section sponsored programs include:
Betting on Sports Gambling Revenue in New Jersey (Special Interest Track - Wednesday)

Need ethics credits? The Ethics and Professionalism Track includes:
Getting Paid in Good Times and Bad by Being Creative (Wednesday)
You Be the Judge: the Slippery Slope of Ethics and the Practice of Law (Thursday)
Civility Matters (Thursday)
10 Steps to Avoid Complaints and Increase Professional Success (Thursday)
Ethical Legal Fees (Friday)

And there are loads of Special Interest and Law Office Management programs too, including:
Supremely Qualified: A Look Inside the New Jersey Supreme Court (Special Interest Track)
50 Years On the Frontline of Freedom: A Look at Civil Rights Issues Over the Past Five Decades and an Examination of the Causes to Come (Special Interest Track)
Thinking Up in a Down Economy: New Business Development in the Recession (Law Office Management Track)
Building Your Practice with Case Management (Law Office Management Track)
...just to name a few

These are just some of the many programs available. Click here for a complete listing of programs.

Ready to have some fun too? On Wednesday, join us at the Opening Wine & Cheese Reception, the Reception for First Time Attendees and the Welcome Reception - all FREE to Annual Meeting attendees! On Thursday evening you can join President-Elect Richard H. Steen and the Board of Trustees at the Annual Dinner and Installation of Officers (This is a ticketed event).

And remember, each day we offer a Free Continental Breakfast and Buffet Lunch.

With all this and so much more, don't wait another minute!

Register Online Now - Click Here
View the Promotional Flyer

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