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Full-Text Articles in Law
Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst
Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst
UC Law SF Communications and Entertainment Journal
Should courts find that a defamatory communication made between employees of the same corporation does not satisfy the publication requirement of the tort of defamation? The author examines case law on both sides of the publication issue and argues that neither the cases which established the "no publication rule" nor the theoretical underpinnings of the tort of defamation can support the requirement of publication in cases of intra-corporate communications. The author concludes that the traditional theory, finding a sufficient publication as soon as a third person has understood the communication as defamatory, reconciles the defamed individual's right to sound reputation …
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
UC Law SF Communications and Entertainment Journal
The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
UC Law SF Communications and Entertainment Journal
Every year increasing numbers of disabled patrons are visiting amusement parks. Focusing on the areas of admission, accommodation and safety, this article addresses the special needs of these patrons, and the need for their consistent and fair treatment within the amusement park industry. First, the article stresses the need for states to enact civil rights legislation prohibiting discrimination against disabled persons by amusement places. Second, architectural barriers statutes must be extended to apply to privately owned buildings and recreation areas in order to provide the disabled access to amusement parks. Most importantly, safety policies of a park must be carefully …
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
UC Law SF Communications and Entertainment Journal
Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …
Requiem For A Parody, Randall B. Hicks
Requiem For A Parody, Randall B. Hicks
UC Law SF Communications and Entertainment Journal
Although parody is a meritorious form of literary expression, parodists are often subject to allegations of copyright infringement based on substantial appropriation of copyrighted work. The author examines judicial applications of the "fair use" doctrine as codified in the multifactored balancing test of section 107 of the Copyright Act of 1976. The author finds the balancing test to be so vague that courts have virtually unbounded discretion in its application. Indeed, courts have abused their discretion in consistently finding no fair use in sexually-oriented or allegedly obscene parodies. The author concludes that the balancing test must either be applied without …
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
UC Law SF Communications and Entertainment Journal
Federal copyright law provides a major source of protection for computer software. Due to the rapidly changing nature of software and the software market, however, software developers are asking the states for additional protection. The author examines the Software Enforcement License Act - an attempt by Louisiana to remedy the problems software authors face in the mass market and concludes that it is preempted by federal copyright law. The author suggests that amendment of the federal copyright law would be more appropriate and effective.
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
UC Law SF Communications and Entertainment Journal
The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.
Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor
Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor
UC Law SF Communications and Entertainment Journal
The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
UC Law SF Communications and Entertainment Journal
Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
UC Law SF Communications and Entertainment Journal
A suit by the Chicago Cubs baseball organization attempting to overturn amendments to the Illinois Environmental Protection Act as well as a city ordinance which prohibited certain nighttime athletic contests failed. The principle argument advanced by the Cubs was that the legislation was designed solely to apply to the Cub's baseball park, Wrigley Field, and thus violated the special legislation prohibition of the Illinois Constitution. The court refused to accept this argument, taking the language of the statute on its face as also applying to future stadia. The author suggests that given the strong feelings of the city and state …
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
UC Law SF Communications and Entertainment Journal
There is an inherent tension between the law of antitrust and the law of copyright. While the former prevents monopolies, the latter creates them. In order to reconcile this conflict the author suggests application of a rule of per se legality to exclusive territorial licenses of copyrighted works. Such an approach would provide copyright holders with a certain legal standard, not now available under the indefinite Rule of Reason. The author argues that there is authority for such a rule of per se legality based on the Copyright Act of 1976, precedent in patent law and the concept of copyright …
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
UC Law SF Communications and Entertainment Journal
Should a film be labeled with the perjorative term "propaganda" simply by virtue of its political subject matter and its being made in a foreign country? The Foreign Agents Registration Act (FARA) was originally passed in 1938 as a means of informing the public that certain films and other material had been developed by the Nazi's and other "subversive" organizations. The author explores the recent Justice Department usage of FARA to label three Canadian films "political propaganda." The author concludes that the applicable section of FARA has a chilling effect that violates fundamental first amendment rights.
Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack
Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack
UC Law SF Communications and Entertainment Journal
The FCC has regulated the ownership structure of the broadcasting industry in order to protect the public's interest in the free dissemination of diverse ideas. Citing the competition offered by new communications technologies, the FCC recently raised significantly the limits on group ownership of radio and television stations. This note argues that the premise behind ownership deregulation-that free market forces and the antitrust laws are sufficient guardians against excessive concentration-is flawed when considered in light of the first amendment underpinnings of the FCC's diversification policy. The author concludes that, while some deregulation may be necessary at this time, the FCC …
Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker
Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker
UC Law SF Communications and Entertainment Journal
Newspaper owners presently have both the ability and the inclination to limit the flow of information to the public. One device they use to suppress the flow of information is the threat of discharging recalcitrant employees. The author explains the "checking" function of the press on the government and how that function is impaired by newspaper owners' tendencies to limit or suppress the publication of certain information. The author also discusses the dilemma faced by editors in adhering to their journalistic standards while still enforcing the newspaper owner's policies. The author proposes that California's bar against discharges motivated by purposes …
Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz
Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz
UC Law SF Communications and Entertainment Journal
Cable television companies can now provide two-way communications services allowing users to both receive and send messages. If unregulated, cable companies may gain an unfair advantage over the heavily regulated local telephone companies which formerly were the sole providers of two-way services. The author examines developments transforming the telecommunications industry and the classification of cable's two-way services as "non-cable services." The author recommends that cable companies be allowed to enter the telecommunications market and that their "non-cable services" be regulated under the same guidelines applicable to telephone companies providing similar services.
Descendible Publicity Rights: California's Grateful Dead, Peter H. Karlen
Descendible Publicity Rights: California's Grateful Dead, Peter H. Karlen
UC Law SF Communications and Entertainment Journal
Publicity rights, the rights to control the use of the name, likeness and photograph of a person, are now descendible by statute. The author examines recent legislation on publicity rights, specifically focusing on how it affects the descendibility of such rights. The author criticizes the legislation and proposes an alternative to what the Legislature has bequeathed to celebrities, their heirs, and the public.