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Energy

In: Business and Management

Submitted By crood
Words 509
Pages 3
Chad Rood
September 25th, 2012
Sports Litigation Alert

Week 4 Assignment

NYU Case (30 points)1. On what belief was the plaintiff's lawsuit predicated? Plaintiff Ariel Fleurimond’s lawsuit was predicated on the belief that she was the sole creator and copyright owner of the drawing, which NYU has used on various items, including clothing and memorabilia, without her consent.
2. What two elements must a plaintiff prove in order to prevail on a copyright claim? (1) The plaintiff owns a valid copyright, and (2) the defendant copied “constituent elements of the work that are original.”
3. Discuss the rationale for the court's holding in favor of the defendant rather than the plaintiff.

Earl Case (10 points)4. Why did the court rule that Earl was not a "qualified individual" within the meaning of the Americans with Disabilities Act (ADA)? Earl “argues that she is entitled to ADA protection because she is not relying on a statue that provides rights for an employee. Rather, she is relying on a provision of the ADA, which protects a person who is ‘participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by’ the ADA. She further asserts that she states an ADA claim because Fresno Unified is ‘utilizing standards, criteria, or methods of administration that have the effect of discrimination on the basis of disability. Ms. Earl misunderstands these passages of the ADA, which are pulled out of context of the statutory scheme.”

McCants Case (10 points)5. According to the Maryland Workers' Compensation Act, when does an individual qualify as a "covered employee"? A individual qualifies as a “covered employee” when working for an employer “outside of this State on a casual, incidental, or occasional basis if the employer regularly employs the individual within this State.”

"How Much is Your Client Worth?" Article (20 points)6. What does the "right of publicity" protect? The right of publicity is both a statutory and a common law right to limit the public use of one's name, likeness and/or identity, particularly for commercial purposes. The right is generally invoked in the context of commercial speech, when a company has used a celebrity's "name, likeness, or voice" in connection with a product, thereby creating a false and misleading impression that the celebrity is endorsing the product.
7. What does trademark law protect? The trademark law protects a business registered names and brands.

"NCAA Seeks Delay in O'Bannon Suit" Article (10 points)8. Do you think the trust suggested by O'Bannon is a good idea or a bad idea? Discuss the reasons you think that.

Others (20 points)Choose one Article, News Brief or Case (but not one of the Cases or Articles related to the questions above) that has information you believe is useful to sports managers, and discuss, in two paragraphs:
9. What is the information that you believe is useful for sports managers?
10. Why is this information useful for sports managers?

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