Nova Southeastern University Sports & Entertainment Law Symposium
“Staying ahead of legal issues arising in the new digital age”
Nova Southeastern University
Sports and Entertainment Law Symposium
Shepard Broad Law Center – Davie, Florida
Co-Sponsored by the Florida Bar
Entertainment, Arts and Sports Law Section
Saturday, March 28, 2009
For more information. . . . Saturday, March 28, 2009
8:30 – 9:15
9:15 – 9:30
9:30 – 11:00
Panel One – Intellectual Property
The Fantasy of an Athlete’s Publicity Rights
In the 2007 case CBC v. Major League Baseball, the court ruled that MLB does not own the names and statistics of its players as intellectual property. They found that the names and statistics are factual information, not subject to copyright. As a result, fantasy sports websites could now freely use those statistics in its operations without paying a licensing fee. This panel will discuss the new implications brought about by this court ruling, focusing specifically on the new CBS Fantasy College Football and Basketball websites formed in response to this decision. The CBC case only discussed their ruling in reference to professional athlete’s names and statistics, yet CBS Sports used this case to justify using amateur college athletes in their new fantasy games. This panel will also focus on whether their actions are a violation of an amateur athlete’s right of publicity; whether the CBC case standards should be different for amateur athletes; and whether this is a violation of the NCAA amateurism rules.
10:15 – 11:00
Litigating a Right of Publicity Case
This panel will discuss the relevant legal precedent used when litigating a right of publicity case in the state of Florida. It will also include a discussion on the different strategies used and defenses to expect when working on right of publicity cases as well as ways to protect your client’s name and likeness.
Kimberly D. Kolback, Esq., Attorney at Law
John Bradley, Esq., Law Offices of John F. Bradley
David Friedland, Esq., Lott & Friedland
Sarah Talalay, Sports Business Reporter, SunSentinel
Carl D. Berry, Esq., Berry, Clark & Wildman
Michael Santucci, Esq., Santucci, Priore & Long
Kelly Perdew, CEO of sports fantasy website RotoHog.com and former “Apprentice” winner
11:00 – 11:15
11:15 – 12:30
Panel Two – Ethics – “Whole Wired World”
Advantages and Pitfalls for Attorneys and Their Clients with Utilizing the Press and Social Networking Sites
11:15 – 11:45
Facebook, Twitter, Blogs…Oh My!!!
When is it okay for attorneys to blog about their work? What ethical issues should an attorney consider when deciding whether to start such a blog? What should an attorney consider when advising a client, possibly one who is a public figure, on using blogs or social networking sites and what are some of the possible pitfalls involved in running using these sites? This panel will also include ethical ways to avoid any legal issues while maintaining the blog’s integrity.
11:45 – 12:30
Agents tend to walk a fine line between promoting their client’s interest in the media and violating multiple ethical rules. This portion of the panel will discuss ways to maintain a strong relationship with members of the media and use those relationships to benefit your client while staying within the Rules of Professional Conduct.
Jason Weiss, Esq., Arnstein & Lehr
Alan K Fertel, Esq., Pathman Lewis
Adam B. Swickle, Esq., Swickle & Swickle
Glenn Schwartzman, Esq., Alliance Sports Mgmt.
Jemele Hill, ESPN.com writer
Jeff Darlington, Miami Herald, Dolphins Writer
Maria Elles Scott, Scott Sports Management, President; Adjunct Faculty, University of Miami
12:30 – 2:00
Keynote Address and Excellence in Sports & Entertainment Award Recipient
Donald Fehr, Executive Director of Major League Baseball Players Association
2:00 – 2:15
2:15 – 3:45
Panel Three – New Business Models for Music Industry
2:15 – 3:00
The Current State of the Music Industry
This panel will start with an overview of the current state of the music industry including hot issues, trends and recent legislation. It will then move into a discussion on the best ways to advise your entertainment clients on how to be successful in the current music industry and the ethical issues relating to these questions.
3:00 – 3:45
Can Video Games Save the Music Industry?
This panel will be an in depth discussion on all of the new revenue streams created by video games like “Rockband” and “Guitar Hero” and ways to make sure your client gets the most out of them. It will also include an in-depth discussion on the licensing and other intellectual property issues involved in creating these games.
Richard C Wolfe, Esq., Attorney at Law
Marc Stollman, Esq., Live Nation Artists
Frank Castoro, Esq., Santucci, Priore & Long
Ivan J. Parron, Esq., Parron & Associates
Giti Khalsa, Smith and Barney Financial Advisor and former drummer of Seven Mary Three
3:45 – 4:00