bluuebunny/crossref_metadata_2025 huggingface dataset:
Local Authorities and film censorship: a historical account of the 'Naughty Pictures Committees' in Sale and Manchester
Authors: Hally Mike
Published: June 2016

The history of film censorship in the United Kingdom has been well covered at national level, and several authoritative accounts published. However less attention has been paid to the bodies who still have the final say, the local licensing authorities, and there has been little analysis of their own records. This study looks at primary sources in two councils that were active censors during the 1950s and 1960s. It shows how councils such as Manchester were at the forefront of the move towards more liberal censorship of films in those decades, and were ahead of the British Board of Film Censors in their approach to film in areas such as educational films, depiction of nudity and "adult" story-lines and language. Other councils like Sale, just to the south of Manchester, attempted to 'hold back the tide' of X-films and the BBFC had to steer a course between these opposing tendencies as well as taking account of public and political opinion.As well as shedding new light on the local licensing process at the time, the study reveals some discrepancies in a standard reference. This research was originally carried out in 2002 for an Open University project and thus pre-dates the Licensing Act 2003.
Explaining the Absence of the Media in Stories of Law and Legal Consciousness
Authors: Gies Lieve
Published: June 2016

The role of the mass media as a resource for making sense of law has seldom been directly examined. Instead, it is simply assumed that the media have a strong impact on people’s perceptions of the law. However, I argue that the media may be unimportant to groups and individuals whose first-hand legal experiences are predominantly negative and confrontational. This is the most important finding to arise from the small case study I discuss in this article. In the lives of the individuals I interviewed, law tends to be strongly present, resulting in the perception that it is predominantly a burden. As a result, media representations of law are often overshadowed by personal experience, which helps to explain why research participants made very few explicit references to the media.
Government Sponsored Professional Sports Coaches and the Need for Better Child Protection
Authors: Williams Yvonne
Published: June 2016

The recent media publicity given to the case of Amy Gerhing, the young Canadian teacher acquitted of having a sexual relationship with two of her pupils is in marked contrast to the lack of interest shown to the later cases of Gary Hinds, John Glyn Jones, Mike Edge, Matthew Pedrazzini, Paul North, Frank Slatterwaite, George Ormond and others, all sports coaches who have been convicted of sexually abusing the children they train. This lack of interest is reflected in the recently published Department for Culture, Media and Sport and Sport England Final Report of the Coaching Task Force, a document that sets out recommendations for the future of coaches and coaching in English sport. In amongst the Report’s 84 pages only one sentence makes any mention of the protection of the children these 3,000 coaches have the potential to be training. This article briefly discusses the Report’s proposals, the current state of child protection in sport in England and Wales and argues that with the advent of the publicly funded professional coaches recommended in the Report, the time has come for sport to be made subject to more areas of child protection law than at present.
Fair Notice: Reflections on R v. Lake Estates Watersports Ltd, Michael Ely and Stuart Ely
Authors: Jamieson Rona
Published: June 2016

This case concerns a prosecution under the Health and Safety at Work etc Act 1974. Two brothers, Michael and Stuart Ely were the operators of a water-sports centre, Lake Estate Watersports Ltd, based in Oxfordshire. The company and the two brothers were prosecuted following a fatal accident in August 1997. They were convicted at the Crown Court in Northampton in November 1999 and immediately appealed. On 19 July 2002 the Court of Appeal overturned all three convictions as unsafe.
Celebrity Adjudication: Comparative Analyses of United States Verdict Rates for Celebrity Defendants
Authors: Carroll Bruce A.
Published: June 2016

The effect of outside influences on judicial decision-making has a long and storied history. However, the impact of celebrity status as an outside influence on judicial decision-making has received very little attention in the literature. I examine 303 celebrity verdicts from 1998 to 2010 to shed light on whether celebrities are adjudicated in the same or a similar manner as non-celebrities. My findings suggest that celebrities do not receive any special treatment at trial, but in fact are convicted at a 12.1% higher rate than non-celebrity defendants.
Young Athletes and Sport Participants at Risk: Ephedra Regulation and Legal Issues in the United States
Authors: Connaughton Angela V
Published: June 2016

How does a 16-year-old die of myocardial infarction? It wasn’t just a mild myocardial infarction. I had to ask the pathologist what that meant. Troponin, which is an enzyme specific marker to the heart, was at 100 level, the number 100. You and I as adults are at one or two on a normal day’s level. The troponin in your heart tells it to keep beating. When you’re having a heart attack at 50, 60 years old, 70 years old, it would be marked at four to five. Think about it. You’re at 100. The heart was racing so fast it just kind of couldn’t do anything. It couldn’t pump the blood fast enough and that’s why he had a heart attack.
When Too Much Sport is Barely Enough: Broadcasting Regulation and National Identity
Authors: McMahon Kathryn
Published: June 2016

Sport and broadcasting appear to enjoy a symbiotic relationship. Similarly, sport seems to play a central role in many current understandings of national identity. In this article, we explore some of the ways in which the legal regulation of sport broadcasting is often couched in terms of the protection of an essential, yet ill-defined, national interest. We offer a series of critiques of the competing interests at stake under such regulatory regimes – market power and competition, legally entrenched preferences for certain broadcast technologies, democracy and the construction of national identity. Through a critical and comparative analysis of the legal system of anti-siphoning and anti-hoarding legislation in effect in Australia, we attempt to highlight the confused and confusing state of broadcasting regulation there and in other jurisdictions in relation to access to key sporting events on television.
The Legality of Social Clubs' Disciplinary Procedures
Authors: Miller Stephen C.
Published: June 2016

From time to time the worlds of leisure and law collide with unhappy consequences. We live in litigious times and, as a result, when the leisure, sport or social club member discovers that he faces discipline and perhaps expulsion from his club for a misdemeanour, he may be tempted to go to law in order to preserve his position. For that reason, the club’s management body will need to know the extent to which the court will interfere in its disciplinary and decision-making process. The purpose of this short piece is to outline some of the legal issues a management body would need to be aware of should that eventuality arise.
The sailor, the turtle and the jungle man - striking the balance between protection and public domain in fictional character merchandising
Authors: Preiss LL.M. Sven
Published: June 2016

What is it that ‘Popeye the Sailor’, the ‘Teenage Mutant Hero Turtles’ and ‘Tarzan’ have in common? Besides being well-known fictitious characters, each of them is overwhelmingly successful in terms of entertainment (for the public) and revenue (for the industry behind it). They exemplify the possibility of the fictional characters’ owners not only using them for their basic purpose, i.e. in books, comics, movies, broadcasts, etc., but also of secondary exploitation of the characters’ gained reputation, by granting licenses for manufacturing and distribution of mass market merchandising like posters, tee shirts, toys, badges, etc. This business is also known as ‘Character Merchandising’, involving the use of the essential personality features (name, image, etc.) of fictional characters1in the marketing and/or advertising of goods or services (WIPO, 1994, p. 8).
A Cure Worse than the Disease? Reflections on Gough and Smith v. Chief Constable of Derbyshire
Authors: Pearson Geoff
Published: June 2016

Gough and Smith had unsuccessfully appealed 1 against the imposition upon them of two-year football ‘banning orders’ under the Football Spectators Act 1989, s.14(a) as amended by the Football (Disorder) Act 2000. They both had one previous conviction for an offence of violence, unrelated to football, in 1998 and 1990 respectively. Each had been the subject of a ‘profile’ prepared by the police, which indicated that they had repeatedly been involved in, or had been near to, incidents of violence at or near football matches.
Metallica and Morality: The Rhetorical Battleground of the Napster Wars
Authors: Marshall Lee
Published: June 2016

This article discusses the rhetoric of the highly publicised Napster legal cases, arguing that it is firmly based in the aesthetic and moral implications of copyright infringement. To contextualise current trends historically, the paper summarises insights from recent work analysing the importance of Romanticism to an understanding of contemporary copyright practice. Utilising this theoretical background, the article highlights the importance of the Romantic separation of art and commerce for the recording industry’s anti-piracy campaigns. This enables the industry to centre current rhetoric concerning Napster on artists rather than on commercial interests. This turns copyright infringement into not only an aesthetic crime, but also into a moral one. The article argues that the only way the recording industry can prevent substantial online piracy is by creating and winning a moral argument. However, it concludes that the industry is currently unsuccessful in this aim and offers some reasons for this, themselves predicated upon the Romantic separation of art and market.
OFGAM? OFBET? The Regulation of Commercial Gambling as a Leisure Industry
Authors: Miers David
Published: June 2016

This article sets out the current framework regulating commercial gambling within its social and historical context, and identifies and evaluates the likely impact of the Gambling Review Report’s recommendations on the current regime.
Governance, Protest and Sport: An Australian Perspective
Authors: Warren Ian
Published: June 2016

Peaceful acts of protest are relatively common in popular Australian sports and entertainment. Traditionally, protest has been regulated through criminal and adjunct summary offences or policing legislation. Trends in corporate governance and state-sponsored event management have significant implications for individual and collective rights of protest at popular domestic and international events. In reviewing prominent incidents of protest and the evolution of public order laws in Victoria and New South Wales, this article highlights the complexity and contradictions underpinning the regulation of protest at major entertainment venues, and examines the impact of recent legislative reforms facilitating professional corporate event management.
The Standard of Care in Sports Negligence Cases
Authors: Deeley Fiona
Published: June 2016

The claimant, a professional jockey, had suffered career-ending injuries caused by an accident in a race. The two defendants were jockeys involved in the accident. The incident which lead to the injuries involved four horses ridden by the claimant, the defendants and a fourth jockey, Byrne. The two defendants and Byrne were riding neck and neck, with Byrne taking the inside line. Caldwell was close behind in fourth place as they approached a left- handed bend. As they rounded the bend, the two defendants pulled ahead and in front of Byrne, leaving him no room to maintain his inside line. Byrne’s horse was unwilling to ride into the closing gap and veered outwards into Caldwell’s path, causing him to fall and seriously injuring him.
Editorial
Authors: Editors The
Published: June 2016

We are proud to be able to celebrate the tenth year of publication of the Entertainment and Sports Law Journal with this anniversary edition. The last 10 years have proved eventful in many ways, not least for the journal. Starting out as the journal Entertainment Law with Frank Cass in 2002, when Frank Cass were taken over by Taylor Francis we made the decision to move the journal into the developing field of open access, and heralded this with a name to change, after much debate adding ‘Sports Law’ to the title to reflect the large amount of sport based material we were starting to attract at the time. The past ten years have seen many developments in the publishing industry, both inside and outside of academia, not least in terms of the ways and means by which material can now be published and the possibilities of the on line environment for this.
The Regulation of on-the-ball Offences: Challenges in Court
Authors: Pendlebury Adam
Published: June 2016

Following the Court of Appeal’s judgment in R v Barnes it was argued that on-the-ball contacts in sport, in breach of the rules of the game, were unlikely to be classed as criminal. It was perceived that these types of injury-causing acts were not sufficiently grave to warrant criminality and were better regulated internally or by the civil law. However, the imprisonment of amateur footballer Mark Chapman, for an injury-causing tackle, has challenged this viewpoint. This paper will explore the incident in Chapman in the light of Barnes, and argues, that the boundaries of criminality in contact sports are increasingly difficult to ascertain. It will revisit case law concerning incidents of on-the-ball offences and assess whether the prosecution and subsequent guilty plea in Chapman could have been an anticipated outcome. Internal disciplinary mechanisms will be scrutinised to whether they can impact on the criminal law’s involvement. Finally the paper will put forward that the amateur status of the participant may have been a key factor in the resulting finding of criminality.
Painful TV
Authors: Pahlen Kai Graf von
Published: June 2016

There is a new and profitable market for the infliction of real pain on television, most notably in the British reality television shows ‘Balls of Steel’ and ‘Dirty Sanchez’, which involve two men, known as the ‘Pain Men’, who deliberately inflict consensual pain on each other in order to entertain their television audience. The law says that the consent of the ‘victim’ to an infliction of actual bodily harm does not usually prevent criminal liability of the ‘perpetrator’. The leading case authority is R v Brown where bodily harm was inflicted for sadomasochistic pleasure. In the words of Lord Templeman, ‘[The] violence of sadomasochistic encounters involves the indulgence of cruelty… Society is entitled and bound to protect itself against a cult of violence. Pleasure derived from the infliction of pain is an evil thing’. Have the ‘Pain Men’ committed crimes? It could be argued that consensual infliction of bodily harm ‘for entertainment’ should be exempted from prosecution as a ‘lawful activity’ (like boxing, horseplay or bravado). Channel 4 argued that the ‘Pain Men’ were exercising their right to freedom of expression which is protected under Article 10 of the European Convention on Human Rights. One must therefore consider the impact of the Pain Men’s activities on public health and public morals with reference to the trend towards liberalism in the UK television culture.
Legal Guarantees for Olympic Legacy
Authors: Stuart Stephen A , Scassa Teresa
Published: June 2016

Such is the power of the International Olympic Committee (IOC) that they require sovereign states, eager for key cities to host future editions of the Olympic Games, to enact specific legislation designed to protect, amongst other things, the Olympic brand and its associated trademarks; it is also intended to prevent the occurrence of ambush marketing before and during the period of the Games, thereby protecting the commercial interests of the IOC and the sponsors participating in the Olympic Partner program. However, there are no such requirements for guarantees pertaining to the intended legacy outcomes of these Games, either in terms of their physical manifestation, or with regard to their sustainability, despite sustainable development being one of the pillars of the Olympic Movement. This paper argues that if the IOC were serious in their professed intent that Games’ legacies be beneficial for the residents of host cities, regions and countries over time, they could require the enactment of straightforward legislation guaranteeing planned and sustainable outcomes. Furthermore, the paper provides the example of a Canadian educational foundation to illustrate the infrastructure the IOC could impose on host cities to ensure Games’ outcomes are sustainable in terms of the lifespan of venues, infrastructure, facilities and equipment.
All Bets Are Off: Match Fixing in Sport – Some Recent Developments
Authors: Smith Andrew
Published: June 2016

This article analyses the approach of sporting governing bodies, courts and tribunals to recent incidents of alleged corruption in sport. These include the sanctions imposed by FIFA on a Ukrainian football referee and a Macedonian football club President, who were both handed lifetime bans as a result of their involvement with unlawful betting syndicates, decisions which were ultimately upheld by the Court of Arbitration for Sport. Other recent examples of high profile sportsmen falling foul of applicable anti-corruption rules include the four-time snooker World Champion, John Higgins and the trio of Pakistan test match cricketers involved in the ‘spot-fixing’ scandal. This article considers the extent to which a ‘zero tolerance’ trend can be identified from these, and other, recent decisions and reflects on some of the wide-ranging proposals to combat corruption in sport.
Protecting children from violence in sport: a Unicef Report
Authors: Williams Yvonne
Published: June 2016

This review focuses on what has been referred to as ‘violence’ used against children taking part in activities connected with sport in a number of countries around the world. Suggestions for standard definitions of ‘sport’ and ‘violence’ are given, as are examples of practices that show that the perpetrators of this ‘violence’ are not limited to any particular person or sport. Recommendations for, amongst other things, further academic research, data collection, monitoring, education and training in a number of areas regarding abuse of children connected with sporting activities are also made. This an interesting report, with the potential to be a foundation stone for more discussion on the values adults place on the participation, and use, of the children they encourage to participate in sporting activities.
Deterred from going to court? A survey at German schools on media influences
Authors: Kammertöns Annette
Published: June 2016

German media send mixed messages to the audience about whether or not it is a good idea to turn to lawyers and courts for the resolution of a dispute. This study of students of the 12th class at technical colleges and high schools examines the effects media may have on their attitudes as well as the effects of other sources of direct and indirect information. Although in no way sweeping in their magnitude, media effects do occur but this must be set against the background of a rather high level of trust in courts and in the legal profession in Germany.
Little Hooliganz: The Inside Story of Glamorous Lads, Football Hooligans and Post-Subculturalism
Authors: Redhead Steve
Published: June 2016

This essay draws on the final report of a football hooligan memoir research project looking at the connection between deviant football hooligan literature and the history of British football hooligan subcultures. The research is situated at the intersection between socio-legal studies, cultural criminology, subcultural studies and sport journalism. The present essay notes the relevance of the project for the international sub-disciplines of cultural criminology and post-subcultural studies and for what it describes as possible post-subcultural study in socio-legal studies and criminology. The full research project involved a comprehensive collection and reading of myriad football hooligan fan memoirs as well as interviews with participants and the essay showcases this original interview data. The essay claims that, if used carefully, hooligan literature can lead to informed ethnographies of subcultures and a more sustained post-subcultural perspective.
The right of free movement for EU nationals in Switzerland in the domain of amateur sport: CEP Cortaillod v Swiss Athletics
Authors: Hafner Yann
Published: June 2016

On the 13 June 2008, the Court of First Instance of Bern-Laupen, Switzerland, rendered a judgment concerning the right of free movement for EU nationals in Switzerland in the domain of amateur sport. This judgment is the first in Switzerland concerning solely non-professional athletes, and possibly one of the first in Europe.This paper analyzes the application by the Court of the principle of prohibition of discrimination based on nationality in light of the Bilateral Agreement between the European Union, the European Community and Switzerland, and the limits of such principle. In this respect, the Court noted that quotas imposed on foreign athletes are not automatically illegal in amateur sport, but must remain limited to their proper objective in order to be acceptable, i.e. that in a team competition the number of foreign athletes should not be more than half of the team.
Walking here between the past and the future: A review essay Courting Justice 2008. A film created by Ruth Cowan, Directed by Jane Thandi Lipman
Authors: Moran Leslie J
Published: June 2016

Courting Justice is a documentary film about the role of women in building a human rights based democracy; South Africa is the democracy in question. The judiciary, the film makers argue, have a key role to play in ‘living the dream’ and of making that democracy happen. The role of women as members of the senior judiciary is the particular concern of this film. Courting Justice offers an intimate and revealing portrait of a number of women who at the time the film was made (2007-8) held high judicial office across the range of the superior courts in South Africa, from the Constitutional Court in Johannesburg to various High Courts. Through these lives the film’s 70 minutes (and there is also a shorter 54 minute version) present the arguments for judicial gender diversity, explores some of the challenges to and considers the future facing the women who have taken on, and who might in the future participate in, the important political role of being a judge.
Employee in a Cage? Olivia De Havilland, Warner Bros. Pictures, and the ‘Limit Case’ of Star Employment
Authors: Stahl Matt
Published: June 2016

In 1944, two California courts agreed with actor Olivia De Havilland’s claim that the state’s seven year limit on the enforceability of employment contracts applied to her 1936 contract with Warner Bros. Pictures, and refused to enforce the contract beyond its seventh anniversary. This article revisits the well-known De Haviland v. Warner Bros. Pictures (1944) Appellate Court decision, and its lesser-known, lower court antecedent, in order to explore the decisions’ related but distinct assumptions about employment, employers, and employees. Both courts agreed (1) that employees need protection from excesses of employee power, (2) that employment is a public, social phenomenon, and (3) that protection may (and must) be afforded by the police powers of the state; this article analyses illuminating differences in the courts’ rationales. Examining the politics of star employment is worthwhile for more than just historical reasons: star employment constitutes a “limit case” of employment, illuminating in its extremes features that are central to but generally obscure in the run of daily working life. The limit case, in this instance, re-injects controversy into what appears to be a settled institution of modern life. Revisiting episodes of struggle over the terms of star employment makes available a set of critical concepts useful in contesting (neo)liberal common sense about employment as a strictly private affair. De Havilland’s two cases and decisions—fascinating and compelling in what they contribute to our knowledge of Hollywood’s labour history—bequeath intellectual tools useful in the dissection of the politics of employment today.
Erasmus Mundus and Education: The Leisure, Entertainment and Governance Initiative
Authors: Osborn Guy
Published: June 2016

The papers collected here arose out of participation in, or were inspired by, an EU funded Erasmus Mundus Intensive Programme, entitled Leisure Entertainment and Governance (LEGo) that took place in Trondheim, Norway in March and April 2009. The initiative for the special issue arose out of this, and the partnership forged between the Norwegian University of Science and Technology (NTNU), Malmö University in Sweden, and the University of Westminster in the UK.
Dancing on the edge of disciplines: law and the interdisciplinary turn
Authors: Osborn Guy
Published: June 2016

This piece looks critically at the issue of interdisciplinarity and multidisciplinarity within legal study and research. It examines and analyses trends within legal education, before looking at a number of disciplinary approaches within sport. It then considers the interface between law and sport, and argues in particular, and following Bourdieu, that sport is a rare field that allows a number of approaches to be taken, whilst privileging none of them. It argues that rather than seeing law as the focal point of inquiry, sport becomes the focus and that by fostering an approach that allows various disciplinary approaches to be adopted and challenged, sport allows true interdisciplinarity to take place.
The Advertising Appeal of Sports and the Legal Limits of the Incorporation of Sports in Advertising
Authors: Gradauskaite Jurga
Published: June 2016

The aim of this work is to analyse the use of sports in advertising practise from sociological and legal perspectives. After outlining the reasons why sport is found to be such an attractive context for use in advertising, this article aims to establish the limits that law imposes on the use of sports in advertising; what threats should be borne in mind from a legal point of view when deciding to use sport in the promotion of one’s goods or services. The first part of the article analyses the main findings of various pieces of sociological research concerning the key characteristics of sport and sports fans which make sport an attractive tool for advertising. The second part of this work deals with the ‘official’ involvement of sport in advertising including actions performed under sponsorship, endorsement, merchandising or broadcasting agreements, and aims to highlight frameworks imposed by legal regulation in order to control the three most important problems; the advertising of tobacco and alcohol in sports, ambush marketing relating to sports events and the implications of monopolistic status of most rights holders related to sport. In order to provide a comprehensive review, various levels of regulation are consulted including international and national instruments and documents enacted by international federations at the self-regulatory level.
The Justice of the Heart in Little Brother
Authors: Bohler-Muller Narnia
Published: June 2016

This contribution examines how the short sci-fi movie Little Brother challenges traditional jurisprudential debates and the nature and meaning/s of law and justice. The focus rests on a critique of the application of legal rules in a mechanistic fashion and explores the possibilities of developing a jurisprudence 'of the heart', which recognises human beings as embodied selves in search of understanding and a more compassionate conception and practice of justice. Little Brother provides ample material for social and legal critique as the story focuses on the dire consequences of a mechanistic application of law without reflexivity, and the damage and pain that can be caused when the law is enforced without imagination, as may be illustrated in the South African Constitutional Court case of Masiya v Director of Public Prosecutions, (2007) CCT 54/06. In analysing this particular movie, the (literally) mechanistic qualities of the judgment against the accused, Frendon Ibrahim Blythe, is juxtaposed against an approach that recognises the value of narrativity, particularity and singularity. This focus facilitates a (re)consideration of the fundamental elements of the judicial system and offers a suggestive scrutiny of the system itself.
‘Governing Celebrity: Multiculturalism, Offensive Television Content and Celebrity Big Brother’: A Response
Authors: Lange Bettina
Published: June 2016

This response to the special issue on ‘Governing Celebrity: Multiculturalism, Offensive Television Content and Celebrity Big Brother’ highlights its contribution to key socio-legal debates about popular legal consciousness, responsive regulation and social change through law. The response also discusses some of the methodological challenges posed by research into media regulation. How should such research be theoretically framed and is it necessary to distinguish clearly between deconstructionist and modernist understandings of human rights? Are social-psychological dynamics a relevant factor for explaining whether some forms of speech become labelled as racist? The concluding section provides suggestions for further research into the patterns that shape how socio-legal researchers read the social world and how the opening up of a new field of inquiry – the governance of celebrity – can be extended to understanding celebrity politics.
Combating Football Crowd Disorder at the European Level: An Ongoing Institutionalisation of the Control of Deviance
Authors: Tsoukala Anastassia
Published: June 2016

This article aims to address the way that the fight against football crowd disorder has been regulated at the European level. The analysis of the key counter-hooliganism measures introduced by the Council of the EU since the late 1990s, in line with the provisions of the 1985 European Convention, uncovers the impact of the risk-based mindset and the growing politicisation of security issues ona regulatory process that has led to the institutionalisation of the control and punishment of deviant behaviour. It is argued that this institutionalisation is facilitated by the absence of a proper legal definition of football hooliganism, and that the growing importance of suspicion as one of the grounds of law enforcement action entails serious infringement of the civil rights and liberties of football supporters because it jeopardises and even negates certain legal principles that lie beneath these rights.
Trade Mark Strategies of Emerging Music Artists
Authors: Gilchrist Julia
Published: June 2016

The intangible rights contained within an artist name are incredibly valuable. The word or phrase traded under by an artist is not only the point of reference for anyone wishing to buy music or locate the artist online, but it becomes the symbol of the brand and its quality. There is no definitive approach to acquiring rights in and protecting a band name. Consequently a number of different methods are employed, ranging from adopting domain names and social media pages to registering trade marks in multiple classes and territories. Some interesting trends can be identified with regard to if and how emerging artists decide to protect their name and this article analyses these different approaches, whilst highlighting some potential consequences of not adequately protecting a name. Parallels will be drawn to other elements of the artists’ business activity, such as merchandising, with the view to identifying the primary influencing factors of an artist’s trade mark strategy. Observations are based on the statistics in Appendix A, a sample of 254 artists from various chart compilations, award nominations and record label rosters, chosen to represent a range of different types of emerging artists that have had at least relative commercial success. The data in Appendix A was collected by carrying out searches on the Intellectual Property Office website . The principal objective of this research is to present a relevant and practical insight into the actual trade mark practices of contemporary artists.
Guest Editorial
Authors: Gies Lieve
Published: June 2016

When the fifth series of Celebrity Big Brother (CBB), a spin-off of the reality show Big Brother, was broadcast in the UK in January 2007, it initially appeared that it would fail to generate the same level of public interest as previous series. That changed spectacularly when the show was hit by allegations of racism. As a reality format, the principal appeal of CBB is that it gives viewers an opportunity to explore how well contestants cope with the pressure of constant surveillance in the Big Brother House, often revealing their ‘veridical’ self (Rojek 2001) in the process. CBB also plays successfully with ‘fame hierarchies’ (Holmes, in this issue). One of its trademarks is its fondness for making ‘top’ celebrities (i.e. participants with some degree of fame) mingle with bottom-ranking Z-listers. A masterstroke in the 2006 series was undoubtedly the introduction of the non-celebrity Chantelle Houghton, whom celebrity peers genuinely believed to be a singer in the (fictitious) girl band Kandy Floss. When she went on to win the show, her triumph appeared to confirm not only that everyone can be famous these days but also that everyone can successfully pretend to be famous. Celebrity itself has become a kind of pastiche we can skill ourselves in by studiously reading the celebrity press and cherry-picking the most affordable aspects of celebrity fashion and lifestyle. Despite its continuing association with privilege, wealth and excess, celebrity status appears to have been become increasingly egalitarian thanks to the ubiquity of reality TV.
Celebrity Big Brother, Human Rights and Popular Culture
Authors: Gies Lieve
Published: June 2016

The British reality show Celebrity Big Brother caused great controversy in January 2007 when remarks made by a few contestants, most notably the reality TV star Jade Goody, and targeted at a fellow Indian contestant, were widely read as racist. In this paper, I analyse the race incident against the backdrop of a progressively expansive legal framework offering recognition for human dignity, equality and cultural diversity, most importantly through the Human Rights Act 1998. The Act aims to promote a comprehensive human rights ‘culture’ in public life, but it would be hard to ignore the extremely negative coverage of the legislation in large sections of the British press. However, the strong public reaction to the Celebrity Big Brother race incident seems to suggest that while public opinion on existing human rights legislation is divided, the core principles on which the law is founded may enjoy much greater support. Thus, politicians and media commentators were quick to read the Celebrity Big Brother furore as an encouraging sign of how inclusive British society had become. I am inclined to take a more sceptical stance, especially in light of the way in which Jade Goody’s class background was relentlessly targeted in press criticism of her appearance on Celebrity Big Brother, while sympathy for her victim, the glamorous Bollywood star Shilpa Shetty, appeared to have been motivated largely by the fact that she fitted the media template of the deserving victim.
‘Jade’s Back, and This Time she’s Famous’: Narratives of Celebrity in the Celebrity Big Brother ‘Race’ Row
Authors: Holmes Su
Published: June 2016

Prior to the Celebrity Big Brother ‘ race’ row in 2007, British Reality TV star, Jade Goody, was recurrently held up as emblematic of the ‘democratisation’ of celebrity. Yet this controversy gives us cause to question a narrative of populist democracy where the circulation of celebrity status is concerned. This article explores the construction of Jade’s image before, during and after the row, examining how it offers a unique insight into the relationship between Reality TV, celebrity and discourses of selfhood in contemporary culture - especially as these are mapped across the categories of gender and class. Indeed, Jade’s representational journey points to some of the cultural tensions which surround the fascination with Reality TV stars. They are often required to demonstrate the retention of an essential ‘working-class glitz beneath the glamour’ (Biressi and Nunn 2005, p. 146), while (like many ‘essential’ identities), this core can also be cast in negative terms – as the ‘real’ identity which must be (re)assumed if social order is to prevail.
Race and the refusal to name racism: consumption, identity and choice in the Celebrity Big Brother House
Authors: Thomas Dania
Published: June 2016

The centrality of consumption in the resolution of the ‘race row’ in the Celebrity Big Brother(CBB) House 2007 characterizes ‘the consumption politics of race’ engendered in response to ‘racism lite’ (adopting Mary Riddell’s term) - forms of racial harm articulated in normative frames specific to the entertainment industry. The regulatory response to racism litewas premised on a radical and post-modern framing of race and racial harm. When compared with the responses to racism outside the CBB House, this framing reveals a cautionary tale. The recognition of racism liteis confined to a market defined framework that attributes responsibility with a view to furthering economic agendas of dominant market actors. The danger is that this dominance can (as was the case with the ‘race row’ in the CBB House) henceforth define the terms on which racism is debated in contemporary society.
The Law, The Musician, His Band and Their Partnership Agreement: Comprehensibility, Comprehension and Compliance in a Legal Text
Authors: Cohen Rachel
Published: June 2016

The language of the law has long been considered problematic in terms of its ambiguous and archaic nature, and efforts have been made in recent decades to encourage the increased use of ‘plain’ words in the legal domain. Whilst existing research has explored many issues relating to the comprehensibility of legal texts, however, few of these studies have examined the legal documents used within the music industry from a micro-linguistic perspective.This article performs a detailed forensic linguistic analysis of the specimen Partnership Agreement provided by the UK Musicians Union. Selected sections of the Agreement are assessed in terms of their comprehensibility (the degree to which properties of the document are understandable), comprehension (to what extent the reader understands the text) and compliance (how readily the reader acts in accordance with the text’s instructions), and are subsequently re-drafted in ‘plainer’ language. The study finds that the processes of comprehensibility, comprehension and compliance are themselves highly complex and that the communication between legal and lay parties is typically hindered not only by the language of the law itself, but also by the conflicting ideological systems associated with each sphere.It is concluded that whilst the effectiveness of modern contractual documents is indeed likely to be improved through linguistic simplification, the well established conventions of our legal language remain resistant to radical change. Nevertheless, the suggestions raised here can be understood as a small but significant move towards effecting a gradual change in attitudes towards the language of the law in the 21st Century.
Mediating Business and Sports Disputes in Europe
Authors: Blackshaw Ian
Published: June 2016

Now that sport is big business nationally and internationally, it is not surprising that sports disputes – especially commercial ones – are on the increase. So, the question naturally arises, how best to resolve them. By traditional methods - through the courts – or by modern ones, that is, by alternative dispute resolution (ADR)? ADR takes many forms and mediation is proving to be an appropriate and effective way of settling sports disputes of various kinds extra-judicially. Mediation has not escaped the attention of the European Union, which over the years has taken a particular interest in sport as an economic activity, and this article will take a look at the recent EU Directive on Mediation and its application to and likely impact on sports business disputes in particular.
Good Faith and Fair Dealing: The Implied Duty to Meaningfully Educate the College Athlete
Authors: Krueger Kerry
Published: June 2016

Statements found in the NCAA Manual and made by the NCAA President emphasize the primacy of academic success for college athletes. However the reality of a ‘meaningful education’ is often elusive due to the multitude of competing interests. College athletes must balance academic success with the extensive time demands of athletic competition, practice, travel, conditioning, watching game film, etc. Often, this balancing act proves unsuccessful insofar as it pertains to the achievement of educational goals. To date, there has been little legal recourse available for aggrieved college athletes who wish to argue that they have been unfairly deprived of the opportunity for a meaningful education. Educational malpractice lawsuits have been unsuccessful and contractual recourse for students has been limited to cases in which specific promises have been breached by a university. The authors argue, however, that college athletes should be able to rely upon a university’s good faith efforts to provide a meaningful education. If a university fails to act in good faith a cause of action based on a breach of the duty of good faith and fair dealing should be available to the college athlete.
After The Haze: Legal Aspects of Hazing
Authors: Schaefer George R.
Published: June 2016

Hazing continues to be legally problematic for institutions. In June 2007, a New Jersey prosecutor brought criminal charges against two administrators over the alcohol-related death of a freshman. It is not uncommon for administrators to be charged civilly in hazing cases, but this is believed to be the first time college administrators have been charged criminally in a hazing incident. Although the case against the administrators was dropped, the charges indicate that administrators may run the risk of being charged in both civil and criminal courts. It is therefore important for institutional administrators to have an understanding of hazing, its laws and its effects on their institutions. Institutions looking to be proactive by creating programs to diminish hazing may be held to a higher legal duty of care. This conundrum clouds the hazing problem further for administrators. In this article, possible legal issues and implications for institutions will be explored through a review of literature and case law.
Doping and Free Speech
Authors: Cooke John
Published: June 2016

This article looks at the problems of doping in professional cycling and the difficulties of the media in accurately reporting the problem. It examines the arguments against doping in sport generally and the specific problem which is raised by professional cycling. The question of public interest in fairly conducted professional sport is examined. This is set against English libel law and the problems which the media have in reporting and analysing drug taking by professional cyclists. The article concentrates on the libel action brought by the leading U.S. cyclist and multiple Tour de France winner Lance Armstrong against the Sunday Times. The structure of English libel law and historical emphasis on reputation outweighing free speech is examined, as are modern developments in English libel law prompted by the European Convention on Human Rights, particularly ‘Reynolds privilege’. The question is raised as to whether this development gives more scope to report individual doping cases provided that they comply with the standards of ‘responsible journalism.’
Nationality Discrimination in Community Law: An Assessment of UEFA Regulations Governing Player Eligibility for European Club Competitions (The Home-Grown Player Rule)
Authors: Parrish Richard
Published: June 2016

The Treaty establishing the European Community has amongst its foundational aims the purpose of an ‘ever closer union’, to be achieved inter alia by precluding nationality as a legitimate regulatory consideration within the internal market. The Court has interpreted Treaty derogations from this principle restrictively and has at times considered even entirely non-discriminatory measures as falling foul of Treaty fundamental freedoms because of their restrictive effects on trade. In sport, the judgment of the European Court of Justice in Bosman made clear that sport was not special in this respect. Nationality restrictions in sport, when not related to its limited and possibly dated case law regarding national team sports were not beyond the scope of Treaty prohibitions on discrimination. Non-discriminatory but excessively restrictive trading practices such as the disputed transfer system in Bosman were also not exempt from the Treaty and required justification despite an absence of discriminatory effects. Since Bosman, the Union of European Football Associations (UEFA) has argued that although commercial football is no longer organised with reference to nationality and does not require nationality rules for the sake of maintaining such market divisions, other considerations should permit the imposition of rules that closely correlate with nationality. By introducing its home-grown player rules UEFA seeks to require in certain circumstances preferential treatment of players with local links by training or residence. We examine whether the home-grown players rule is in principle justifiable under the Treaty given its relationship with nationality discrimination and if so, whether the reasons put forward are capable of constituting such justification, suitable for the aims stated by UEFA and proportionate.
Sport&EU Workshop: The EU and the Governance of Sport, Policy and Perspectives. University of Chester, 6-7 July 2007
Authors: García Borja
Published: June 2016

The Department of Sport and Exercise Sciences and the Chester Centre for Research into Sport and Society at the University of Chester hosted the second annual workshop of the Association for the Study of Sport and the European Union (Sport&EU) entitled ‘The EU and the governance of sport: policy and perspectives’. The event was organised and sponsored jointly by the Centre for the Study of International Governance (CSIG) at Loughborough University, Sport&EU and the University of Chester.
Sport Crimes in Greece: the Protection of Sport by the Greek Penal Law
Authors: Gargalianos Dimitris
Published: June 2016

The purpose of this study was to show how the Penal Law protects sports in Greece against non-authentic and authentic sport crimes. A brief description of both categories is provided and the most important authentic sport crimes are discussed, as are the protection of the legal goods of the 'normal organization of the sport games' and the 'authenticity of the result of a game'. It is concluded that in the effort to find the best possible solution for the good of sport, the approach of the Greek legislature is very helpful.