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Entertainment, Arts, and Sports Law

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Articles 4291 - 4320 of 4346

Full-Text Articles in Law

Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart May 1977

Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart

William & Mary Law Review

No abstract provided.

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Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish Jan 1977

Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish

UC Law SF Communications and Entertainment Journal

Daniel Schorr, a journalist long respected for his perceptivity and integrity, was recently the center of controversy when he made possible the publication of government documents not intended for public release. He discusses the continuing controversy between the public's right to know and the sixth amendment guarantee of the right to a fair trial, concluding that the courts have not adequately protected first amendment freedoms. Jesse Choper, noted constitutional scholar and author responds, illustrating case law highly protective of the freedom of the press. The authors agree that in special situations the public's right to know outbalances the right to …

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Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio Jan 1977

Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio

UC Law SF Communications and Entertainment Journal

The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.

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The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton Jan 1977

The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton

UC Law SF Communications and Entertainment Journal

With the passage of the Tax Reform Act of 1976, Congress severely restricted many of the tax advantages that came with the ownership of a professional sports franchise. The authors analyze in detail the effect of the new law, first discussing the benefits that had existed under prior law, then describing the method in which the Act changed the "rules of the game," and conclude with an indication of some tax planning for the future.

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Introduction, Kathleen Bannon Jan 1977

Introduction, Kathleen Bannon

Cleveland State Law Review

The articles included in this "Art and Law" symposium highlight a variety of issues, opinions and challenges affecting the arts today. I applaud the Cleveland State Law Review for the publication of these articles as a reflection of the developments in the complex field of arts law.

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The Emergence Of Art Law, James J. Fishman Jan 1977

The Emergence Of Art Law, James J. Fishman

Cleveland State Law Review

It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.

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Auction Problems: Going, Going, Gone, Leonard D. Duboff Jan 1977

Auction Problems: Going, Going, Gone, Leonard D. Duboff

Cleveland State Law Review

Works of art may be bought, sold, and transferred by every traditional method of conveyancing, though the type which appears to be most notorious is auctioning. In this Article the auction process will be analyzed, many of the problems currently prevalent in the auction arena identified, and suggestions tendered which, if adopted, should reduce some of the difficulties discussed.

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The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr. Jan 1977

The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.

Cleveland State Law Review

We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …

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The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons Jan 1977

The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons

UC Law SF Communications and Entertainment Journal

The "fairness doctrine" requires broadcast licensees to devote a reasonable percentage of their programming to controversial issues of public importance, and to present contrasting viewpoints when such issues are aired. The author concentrates on the requirement to present contrasting viewpoints, discussing the case law and policy guidelines that have emerged and concluding that in its present form the doctrine operates unfairly to both viewers and broadcasters. He suggests specific proposals for improvement.

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The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow Jan 1977

The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow

UC Law SF Communications and Entertainment Journal

The author recently testified in the current hearings conducted by the U.S. House Subcommittee on Communications in which repeal of the Equal Opportunities and Fairness Doctrines is being considered. In this article the author discusses the constitutional bases of these doctrines, the governmental action issue in the event of their repeal, and whether the Fairness Doctrine inhibits broadcast journalism. He suggests a differential equality of access solution to the present problem of application of the Equal Opportunities Doctrine and argues that the need of the people to know should continue to be a right through the Fairness Doctrine.

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Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell Jan 1977

Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell

UC Law SF Communications and Entertainment Journal

The author discusses the impact of the Farr and Fresno Four decisions on the California Newsmen's Shield Law, Evidence Code § 1070. First the author discusses the history of shield laws, tracing the competing concerns with the newsman's "right to know" and the fair administration' of justice. He uses this background as a means of analyzing the meaning and scope of § 1070. Then the author turns'to the specific decisions in Farr and the Fresno Four, analyzing their impact on the shield law. He concludes with a look at the proposed constitutional amendment to reverse the results in the two …

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Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer Jan 1977

Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer

UC Law SF Communications and Entertainment Journal

The author takes a careful look at the new Copyright Revision Act of 1976 from the perspective of writers and publishers of music. While finding much that is beneficial, the author concludes that further revision of the Copyright Act is necessary to fully protect performing artists.

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Reflections On Estate Of Rothko: The Role Of The Legal Advisor In Relation To The Artist, Gustave Harrow Jan 1977

Reflections On Estate Of Rothko: The Role Of The Legal Advisor In Relation To The Artist, Gustave Harrow

Cleveland State Law Review

Estate of Rothko reveals the type of responsibility a legal advisor to an artist ought to assume if he is to render a service designed to advance not only his client's monetary interests, but the integrity of his art and his artistic aspirations as well.

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The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg Jan 1977

The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg

Cleveland State Law Review

The 1976 Copyright Act represents a major advance for the creator. This is not to say that every provision is favorable to the creator. The new law is extremely complex, and the effects of many of its provisions are even now the subject of debate. The improvements of the new law over the 1909 Copyright Act are of such significance, however, as to justify its characterization by the Register of Copyrights as "an author's bill." This paper, based upon a panel discussion of the new law held at the Volunteer Lawyers for the Arts National Art Law Conference on December …

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Recognition Under Section 501(C)(3) Of The Internal Revenue Code As A Prerequisite To Arts Grants: A Special Problem For Literary Publishers And Art Galleries, Michael E. Skindrud Jan 1977

Recognition Under Section 501(C)(3) Of The Internal Revenue Code As A Prerequisite To Arts Grants: A Special Problem For Literary Publishers And Art Galleries, Michael E. Skindrud

Cleveland State Law Review

This Article will examine the origin and impact of section 501(c)(3)recognition as a prerequisite to arts grants. Arts organizations which have the most difficulty obtaining recognition under section 501(c)(3) include small presses and literary magazines, organizations which assist visual artists with marketing, and certain arts service organizations. Their special problems in obtaining recognition will be examined. This Article suggests the appropriate test for recognition of exemption under section 501(c)(3) for organizations whose sole activity is a business which furthers their exempt purposes. This includes most small presses and literary magazines. The appropriate test is whether an exempt purpose, or profit, …

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The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger Jan 1977

The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger

Cleveland State Law Review

The Final Act of the Conference on Security and Co-Operation in Europe, often referred to as the "Helsinki Accords," has important implications for art and artists. The Final Act applies to three broad categories of art law issues: cultural cooperation and exchange of cultural material; the rights of individual artists; and other international cooperation. This study will examine each of these categories in the context of a current or recent problem, consider pertinent provisions of the Final Act, and conclude with a brief recommendation and forecast.

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Book Review, Albert P. Blaustein Jan 1977

Book Review, Albert P. Blaustein

Cleveland State Law Review

A book review of Leonard D. DuBoff, Deskbook of Art Law, Federal Publications, 1977.

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The Censorship Of Violent Motion Pictures: A Constitutional Analysis, Mary B. Cook Jan 1977

The Censorship Of Violent Motion Pictures: A Constitutional Analysis, Mary B. Cook

Indiana Law Journal

No abstract provided.

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Consent In Criminal Law: Violence In Sports, Michigan Law Review Nov 1976

Consent In Criminal Law: Violence In Sports, Michigan Law Review

Michigan Law Review

Because there have been few criminal prosecutions for violence in sports, there are several difficult issues that have received only cursory analysis. This Note will focus on one such issue-the existence and effect of the consent of the injured party. In section I, it will analyze the various general theories relating to the nature of actual consent and will suggest that the current theoretical framework's emphasis on ascertaining the victim's subjective state of mind is, in some contexts, ill-conceived and unhelpful. It will argue that societal interests involved in human interactions should become a major focus of any analysis, particularly …

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Music The Universal Healer: First Amendment Protection - Real Or Illusory, Donna Helen Crisp Apr 1976

Music The Universal Healer: First Amendment Protection - Real Or Illusory, Donna Helen Crisp

North Carolina Central Law Review

No abstract provided.

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Book Review, Samuel Sonenfield, Gail M. Schaffer Jan 1976

Book Review, Samuel Sonenfield, Gail M. Schaffer

Cleveland State Law Review

This entry reviews Art on Trial: From Whistler to Rothko by Laurie Adams. The text presents six trials involving art. Four of these cases are American, one is English, and one is Dutch.

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National Football League Restrictions On Competitive Bidding For Players' Services, Bernard B. Kornmehl Apr 1975

National Football League Restrictions On Competitive Bidding For Players' Services, Bernard B. Kornmehl

Buffalo Law Review

No abstract provided.

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The Fairness Doctrine: Time For The Graveyard? Jan 1974

The Fairness Doctrine: Time For The Graveyard?

Fordham Urban Law Journal

The comments examines the rationale for the fairness doctrine, the obligations arising under it, and the FCC's administration of the doctrine. It further analyzes the judicial construction of the doctrine with emphasis on the doctrine's functional role and Constitutional ramifications. The fairness doctrine is part of a basic broadcast philosophy that mandates viewpoints on any controversial issue of public importance be fairly presented. It is partially codified by the FCC. However, after litigation, it seems clear to the courts that the fairness doctrine and the first amendment cannot share a peaceful coexistence. It may well be that the Court is …

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Uniform Commercial Code Warranty Solutions To Art Fraud And Forgery Dec 1972

Uniform Commercial Code Warranty Solutions To Art Fraud And Forgery

William & Mary Law Review

No abstract provided.

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Drug Songs And The Federal Communications Commission, Sammuel Bufford Jan 1972

Drug Songs And The Federal Communications Commission, Sammuel Bufford

University of Michigan Journal of Law Reform

A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …

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Wellsand V. Valparaiso Community School Corporation: Equal Protection For The Married Football Player, Randolph L. Seger Jan 1972

Wellsand V. Valparaiso Community School Corporation: Equal Protection For The Married Football Player, Randolph L. Seger

Indiana Law Journal

No abstract provided.

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Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review Apr 1971

Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review

Michigan Law Review

This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.

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Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review Mar 1968

Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review

Michigan Law Review

Much of the confusion over copyright pre-emption that has followed in the wake of Sears and Compco may be due to a fundamental difference between the present patent and copyright acts. Unlike the patent law that was at issue in Sears and Compco, the federal Copyright Act provides that the states may in limited circumstances protect literary property through the doctrine of common-law copyright. Under section 2 of the Act, a state may prevent copying of a work so long as it remains "unpublished." An alternative ground of decision in Paladin was that, regardless of preemption under Sears and …

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Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review Mar 1968

Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review

Michigan Law Review

Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …

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Carmen: Movies, Censorship And The Law, Abner J. Mikva Feb 1968

Carmen: Movies, Censorship And The Law, Abner J. Mikva

Michigan Law Review

A Review of Movies, Censorship and the Law by Ira H. Carmen

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