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I look forward to seeing everyone at our 40th  Anniversary Annual Meeting at the Cosmopolitan Hotel in Las Vegas! To celebrate the occasion, many of
the
Past Forum
 
Chairs will be in atten-dance and honoured for their past contributions
to the Forum. Confirmed attendees include Jay
Cooper, Ed Pierson, Michael Rudell, Pam Lester,
Joel Katz, David Given, Ken Abdo, Kirk Schrod
-
er, Richard Idell and Janine Small. As previously
reported, I am thrilled that RachaelDenhollander,
the first gymnast to go public with sexual assault
allegations against Dr. Larry Nassar, has accept-ed our invitation to speak at the Annual Meeting. It was Rachael’s heroic efforts that lead to Dr. Nassar’s conviction and a $500,000,000 class ac-
tion settlement with Michigan State University. I met Rachael at the Time 100 Gala in New York earlier this year, where she was named by Time Magazine to its 2018 list of the world’s 100 Most Influential People.
 As I reported in my previous column, the Forum has been busy since our last Annual Meeting.
In April of this year, the Forum held its Miami Entertainment Law Sym
-posium at the Palms Hotel where we honoured the memory of Richard
Warren Rappaport, a member of the Forum’s Governing Committee, who
sadly passed away in December of last year.
Several members of Forum leadership were at the Grammy Awards in January as a sponsor of the Grammy Foundation’s Entertainment Law Initiative Writing Competition, at SXSW in Austin and at MIDEM in the
south of France.
The Forum’s Governing Committee met in Montreal in April for a very
productive leadership meeting. In addition to discussing Forum business,
the Governing Committee was hosted by the Canadian Olympic Com
-mittee, the Montreal Canadiens (including a tour of the Bell Centre) and
Galerie de Bellefeuille, one of the preeminent art galleries in Montreal.In August, the Forum presented one of the six ABA CLE Showcase Programs at the 2018 ABA Annual Meeting in Chicago. The panel was entitled “The Right (or not) to take a Knee: Social Activism and Freedom of Speech in Sports and Entertainment.” The moderator of the panel was ESPN’s Michelle Steele and the speakers were WNBA Player’s Associ
-
ation Director of Operations Terri Jackson, National Sports Law Institute
Volume 34 Issue 4 ...
Fall
2018
CHAIR’S COLUMN
Dear Forum Members,
IN THIS ISSUE
 5 In Memorium of Richard Warren Rappaport (September 20, 1948 -December 16, 2017)
By: Alexandra Darraby, ForumGoverning Committee
 6 …Except Death and Taxes
By Michael Whitaker 
12 Key Financial Building Blocks of Licensing Agreements to Maximize Revenue and Protect Intellectual Properties
By: Lewis Stark, CPA, CFE 
16 Revisiting Federal and State Trademark Registration for the Cannabis Industry
By Scott Sisun
23 International Licensing of Entertainment Products
By Brenden Macy 
34 LITIGATION UPDATE
Michelle M. Wahl, Partner, Swanson, Martin & Bell, LLP 
44 I Have Absolute Proof!
By: Peter Dekom
46 Float Like A Butterfy, Sting
Like A $30 Million Lawsuit: Muhammad Ali Enterprises Throws a Haymaker at Fox with a Right of Publicity Claim
By: Ryan B. Jacobson and Max B. Goodman
50 BOOK CONTRACTS 101—An ABA Forum on Entertainment & Sports Law Webinar Transcript
Moderated by Daniel Rogna Panelists: Evan Gregory and Jason Koransky 
63 Book Review: How to Play the Game: What Every Sports Attorney Needs to Know (2nd ed.) by Darren Heitner
By: Blake Yagman
64 “Be lawyers, think like lawyers,” A Review of Entertainment Law: Fundamentals and Practice by Corey Field
By: Laura Schrauth
 
Winter 2018 (Volume 34 / Issue 4 |
64
one area where I truly believe a sports lawyer can dis-tinguish himself or herself from someone who merely
dabbles in sports-related issues.”
Darren Heitner’s
How to Play the Game
 illuminates potential legal issues for non-lawyer sports business professionals who otherwise might not have been aware of certain rules, regulations and laws. For
example, in Heitner’s chapter on “Athlete Agents,” he
comprehensively breaks down the legal obligations of an agent and the regulatory process that is required for agent licensure. To an aspiring agent, this chap-ter’s discussion of the penalties for not properly reg-istering as an athlete agent with your respective state -- practicing as an agent without state registration is a felony in some states -- is worth the price of the book alone. For the sports law practitioner,
How to Play the Game
 
is a useful tool to use; it discusses relevant cases in
every type of law that encompasses sports law as a
whole. The chapters of this book, which are organized
by different types of law, serve as guidepost for the
cases one would have to otherwise nd through legal research. For example, if a sports lawyer wanted to
bring a concussion case on behalf of their collegiate athlete-client,
How to Play the Game
 not only pro-vides an analysis of important cases, but discusses strategy of how the NCAA defends concussion cases. Finally,
How to Play the Game
 is an enjoyable read for any sports fan, or for people who are interested in how sports are impacted by the laws we create as a society (like myself). Heitner’s case studies provide
illustrative examples of how the law interacts with
sports in unconventional ways. For instance, Heitner’s
chapter on “Intellectual Property Matters” discusses
the nuance of what copyright protection athletes have
on the tattoos that they get. An issue that supercially
does not seem appear to be a common issue,
How to Play the Game
 stresses the applicable ways in which an athlete would need copyright protection for their
tattoos — namely, in video games and in movies.
The second edition of
How to Play the Game
 is
unique: it provides a practical, yet entertaining guide to how one of the world’s most exclusive industries
is crafted by almost every different type of law. This edition of the book includes some of the hottest devel-
oping elds within the sports law sphere, including eS
-ports, sports gambling, and drug use in sports. Also, the book provides subchapters that discuss how the
law interacts with specic facets within sports busi
-
ness; for example, the book has a subsection dedi
-
cated to “Naming Rights.” These subsections prove
useful when attempting to understand potential legal
conicts specic to different areas of the sports world.
How to Play the Game
 by Darren Heitner is not only an essential read, but an essential resource.
Blake Yagman
 recently passed the bar exam in New York and is working as a law clerk with a focus on antitrust law. Blake, a graduate of the Cardozo School of Law, writes extensively about sports law issues.
“Be lawyers, think like lawyers,” A Review of Entertainment Law: Fundamentals and Practice by Corey Field
By: Laura Schrauth
This past Spring, I was given the opportunity to attend my rst American Bar Association conference as a Law Student Reporter. After three amazing days observing and learning, I realized that there was still
a whole world of entertainment law and intellectual property I had yet to uncover.
Entertainment Law: Fundamentals and Practice
 by Corey Field works as
the “Rosetta Stone” essential to bridging the gap be
-
tween those with limited experience in entertainment
law and well-practiced professionals. This treatise is
an excellent resource for law students, practitioners,
and curious laypeople alike who want to learn more about entertainment law. In the Acknowledgments, Mr. Field shares that he often instructs his students, “Be lawyers, think like
lawyers.” This treatise helps pave the way. In just 359
pages, readers are given a crash course in all things
entertainment, with each of the text’s eight chapters
dedicated to a different subcategory within entertain-
ment law: Film, Television, Book and Magazine Pub
-lishing, Music, Live Theater, Radio, Celebrity Rights of Publicity and Privacy, and Cyber Law.
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