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27 Ent. & Sports Law. 1 (2009-2010)

handle is hein.journals/entspl27 and id is 1 raw text is: Interview With RIAAs Proposed Ramifications of Tournament Sports, Deals, and Mark Cuban Partnership With ISPs Theory on Team Sports Indian Country A PUBLICATION OF THE ABA FORUM ON THE ENTERTAINMENT AND SPORTS INDUSTRIES VOLUME 27, NUMBER 1 SPRING 2009 [ orum on the / Entertainment & - Sports Industries Unhand That Orphan Evolving Orphan Works Solutions Require New Analysis BY CHRISTIAN L. CASTLE AND AMY E. MITCHELL Anyone who has ever cleared rights for a motion picture, television program, / sample, or other work knows the frustration of having the trail run cold and not Sbeing able to determine the owner of a copyright or other intellectual property. If the owner of a fundamental underlying work in copyright cannot be found, that inability almost always results in the work not being used and a new work being created. However, as bona fide national libraries make their holdings available to users by means of an online presence, it has become necessary to confront the prospect of reproducing a library's holdings in a digital format and the copyright issues presented. The scope of obtaining necessary permissions for a large national library to digitize itself can be quite daunting. National libraries are required to operate within ap- plicable copyright laws, including international treaties, and should remain above CONTINUED ON PAGE 21 Going the Distance A Playbook for the Athlete Who Wants to Start a Nonprofit Organization BY KATE JETT AND LAUREN MCCOY uring the twenty-first century, the professional athlete's net worth has increased as salaries have skyrocketed.' For those talented enough to earn million-dollar salaries each year, there is also the added bonus of marketing and sponsorship deals. Thus, in this day and age, it pays to be an exceptional pro- fessional athlete. Many of these athletes share the wealth with the community by donating to various charitable organizations. However, some athletes prefer to go the extra mile and instead take on a project larger than their salaries: starting and run- ning a nonprofit organization. CONTINUED ON PAGE 27 Gridiron Spirit Cheerleading Is a Contact Sport, Declares the Supreme Court of Wisconsin in Noffke v. Bakke, 2009 WI 10 BY KRIS LINES AND JON HESHKA lthough it is almost axiomatic that recreational activities such as football, hockey, and soccer are contact sports, the courts have been vexed with defining sport in general and contact sport in particular. The Supreme Court of Wisconsin recently weighed in on this issue in Noffke v. Bakke, 2009 WI 10, 2008 WI App 38, 308 Wis. 2d 410, 748 N.W.2d 195 (Wis. App. 2008). The issue at stake in Noffke was whether a high school cheerleader could recover for head injuries suffered when a stunt went wrong during a practice session. The case is important for two main reasons: the court's conclusion that cheerleading did constitute a physical contact sport within the ambit of Wisconsin Stat- utes § 895.525, and secondly for its CONTINUED ON PAGE 33

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