Writings by Anthony R. Caruso

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Digital Millennium Copyright Act: How a Toddler May Shape the Future of Fair Use

The Digital Millennium Copyright Act A recent appellate court ruling highlighted the fact that requisite consideration of fair use, when it concerns the Digital Millennium Copyright Act, might differ slightly than it traditionally did. The U.S. 9th Circuit Court of Appeals recently increased the burden on copyright holders attempting to prove infringement following its ruling in favor […]

Author: Anthony R. Caruso

October 1, 2015

Scarinci Hollenbeck

NFL Fears More Holdouts on the Way as Salary Cap Rises

Salary cap rise causing unrest NFL executives are reportedly worried that players who negotiated their contracts during the salary cap’s slow annual rise from 2011 to 2013 will soon feel their teams owe them larger contracts, due to the fact that the threshold has been surging the last two years. With the holdout of the […]

Author: Anthony R. Caruso

September 29, 2015

Does the 'Baseball Rule' still apply?

What is the Baseball Rule? For some time, baseball parks have been protected from liability in cases of fans getting hit by projectiles at baseball parks due to the so-called “Baseball Rule.” While the rule hasn’t always held up, it has, for the most part, remained safely in place. But, now people are asking, does […]

Author: Anthony R. Caruso

September 25, 2015

Scarinci Hollenbeck

Mediate or Arbitrate? Which Works Best for You?

To mediate or arbitrate. That is the question. Recording artists and their labels often get into disputes over their contracts, and when this happens there are typically three options: Litigate, mediate or arbitrate. Often it is best, and less costly, to avoid the first option, so, what is the difference between mediation and arbitration? Any […]

Author: Anthony R. Caruso

September 17, 2015

In Hollywood Arbitration, the Problem is the Process

What’s wrong with the arbitration process? U.S. District Judge Richard Berman recently vacated NFL Commissioner Roger Goodell’s decision, as an arbitrator, to uphold the four-game suspension of the New England Patriot’s Tom Brady due to what he considered a faulty arbitration process. This decision won’t only affect the way the league and its players interact, it could […]

Author: Anthony R. Caruso

September 15, 2015

Victim of NFL Roster Cuts? You Still Have a Chance

Many NFL players deal with roster cuts Anyone who watches HBO’s “Hard Knocks,” a behind-the-scenes look at the NFL preseason, understands that getting removed from a team as the organization goes through roster cuts is tough. However, for many players, the pursuit of a dream career in the NFL doesn’t end at these sudden roster […]

Author: Anthony R. Caruso

September 10, 2015

In the NFL, No Dice on Double Jeopardy

In the legal world, a concept exists that prevents the prosecution of a person twice for the same offense. In the wake of Judge Richard Berman’s ruling on the now infamous Deflategate scandal, it is important to understand that in the NFL double jeopardy – as the concept is called – is virtually nonexistent. What […]

Author: Anthony R. Caruso

September 8, 2015

Why do NFL Players Love to Hate the Franchise Tag?

The NFL is cyclical. Each year the same issues arise over and over again…including the franchise tag. The franchise tag is a designation used by teams to navigate the salary cap. The tag isn’t particularly well-liked by players. The contractual devices allow teams to keep unrestricted free agents with them for an additional year, which can […]

Author: Anthony R. Caruso

September 3, 2015

Fair Use: When it's OK to Copy a Copyrighted Work

All sorts of entertainment – music, movies, books and television – are copyrighted to ensure that they are safe from people attempting to profit off of ideas that are not their own. However, sometimes it is okay to “rip-off” someone else’s work under a legal concept called fair use. What is Fair Use? Basically, fair […]

Author: Anthony R. Caruso

September 1, 2015

Scarinci Hollenbeck

NFL Teams Use Offset Language to Avoid Rookie "Double-Dipping"

One of the few things that a rookie to the NFL may negotiate is what is referred to as “offset language” in his contract. However, chances are, teams won’t be inclined to remove such a clause from a first-year player’s contract. Offset language isn’t a topic typically discussed beyond meeting rooms occupied by agents, players […]

Author: Anthony R. Caruso

August 27, 2015

Everything in Life isn't Free, but Public Domain is

Unlike the two proverbial constants in life, death and taxes, copyright protections do, in fact, end. When they cease, works pass into what is called the public domain, and may be used by anyone. Though there are some exceptions, works in the public domain can be freely sampled, copied and used in any way a […]

Author: Anthony R. Caruso

August 25, 2015

Scarinci Hollenbeck

For Athletes, Sponsorship Disputes can Kill the Competition

Sometimes it’s neither drugs, rule violations nor performance that complicate an athlete’s ability to compete, but rather, sponsorship disputes with corporations. U.S. runner Nick Symmonds will soon be calling a sports lawyer, if his prior comments were any indication, to deal with his own sponsorship dilemma. The runner is involved in an ongoing dispute with American […]

Author: Anthony R. Caruso

August 21, 2015

Scarinci Hollenbeck

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