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Articles 1 - 30 of 32
Full-Text Articles in Entertainment, Arts, and Sports Law
The Courts In Broadcast Regulatory Policy-Making, Lawrence D. Longley, Erwin G. Krasnow, Herbert A. Terry
The Courts In Broadcast Regulatory Policy-Making, Lawrence D. Longley, Erwin G. Krasnow, Herbert A. Terry
UC Law SF Communications and Entertainment Journal
In the early decades of broadcast regulation, the regulatory process was dominated by (and largely restricted to) three major participants--Congress, the Federal Communications Commission (FCC), and the industry itself. This balance of forces has now been altered by the increased involvement of three new participants in broadcast regulatory policy making the public, in the form of citizen groups; the White House, by means of special advisory bodies, appointment powers, budgetary control, and active communication-oriented divisions of Cabinet level agencies; and the courts, in the form of judicial opinions prescribing and precluding FCC policy initiatives. These three new activist participants in …
Media Access To Videotape Evidence In Criminal Trials, Geoffrey Robinson
Media Access To Videotape Evidence In Criminal Trials, Geoffrey Robinson
UC Law SF Communications and Entertainment Journal
A peripheral but hotly contested issue in the Abscam trials was whether the media could copy and broadcast the videotapes entered into evidence. This issue requires balancing of the defendant's fair trial rights against interests closely analogous to those protected by the First Amendment. This note suggests the lines upon which analysis of the conflicting interests should run, and argues for a strong presumption in favor of access.
A Media Labor Law Symposium: Introduction, David Tajgman
A Media Labor Law Symposium: Introduction, David Tajgman
UC Law SF Communications and Entertainment Journal
No abstract provided.
Control Of, And Access To, On-Line Computer Data Bases: Some First Amendment Issues In Videotex And Teletext, Henry Beck
Control Of, And Access To, On-Line Computer Data Bases: Some First Amendment Issues In Videotex And Teletext, Henry Beck
UC Law SF Communications and Entertainment Journal
Information stored in centralized data banks is now accessible by home computer over telephone and cable networks, and through over-the-air broadcasting. The proprietors of these data banks may be said to "publish" their information each time an end-user retrieves information from their data bases. If taken seriously, this concept of "electronic publication" raises important first amendment questions.
After a brief introduction to the nature of the new medium, this article discusses some of the first amendment issues involved in access to stored information bases and the "mirror image" problem of controlling such stored information. Because many of the potential first …
As Interactive Cable Enters, Does Privacy Go Out The Window, Gary Selvin
As Interactive Cable Enters, Does Privacy Go Out The Window, Gary Selvin
UC Law SF Communications and Entertainment Journal
Interactive cable will provide consumers with the ability to bank, shop, attend classes, respond to polls, view programs and attend to other daily activities from the home through a television set linked to a computer. Storage of this personal information poses a privacy concern relating to the government's ability to search the records as part of criminal investigations. The author analogizes current law in forecasting possible judicial treatment of Fourth Amendment protection and suggests possible methods for establishing a clear standard which would maximize subscriber protection.
Federal Preemption Of State Obscenity Law Applied To Broadcasting, William Hanks, Steve Coran
Federal Preemption Of State Obscenity Law Applied To Broadcasting, William Hanks, Steve Coran
UC Law SF Communications and Entertainment Journal
With the expansion of cable and free-air subscription television into more markets, interstate transmission by satellite and by broadcasting have frequently included R-rated movies. This increases the likelihood that states will apply obscenity laws and other laws related to program content to television programming. This article argues that state obscenity laws applied to broadcasting are preempted by federal law. There are several grounds for concluding that Congress intended to preempt: (1) the Communications Act empowered the FCC to establish a nationwide telecommunications system, and it is probable that state obscenity laws would conflict with each other and with federal broadcast …
Cable Television Secured Financing, Robert G. Weiss, Alan G. Benjamin
Cable Television Secured Financing, Robert G. Weiss, Alan G. Benjamin
UC Law SF Communications and Entertainment Journal
Lenders financing cable television construction and operation commonly use the cable television system itself as collateral. This article focuses on the documentation requirements and the legal impediments to realization of anticipated cash flow. Documentation includes the security agreement and the financing statement; this article also examines documentation in relation to the municipal franchise. Legal impediments include rate controls, recent developments in antitrust law and competition from alternative technological systems such as subscription television, direct broadcast satellite, multipoint distribution service, satellite master antenna television, low power television and home view networks.
People Ex Rel. Gow V. Mitchell Brothers: California Gropes For A Civil Obscenity Standard, Peter F. Frost
People Ex Rel. Gow V. Mitchell Brothers: California Gropes For A Civil Obscenity Standard, Peter F. Frost
UC Law SF Communications and Entertainment Journal
Recent years have seen an increase in the number of civil nuisance actions to restrain the exhibition of obscenity. Authorities have split over whether civil or criminal procedural standards should govern such actions. The California Court of Appeal, in People ex rel. Gow v. Mitchell Brothers Theatre, has addressed some of these issues. The author examines the court's reasoning regarding the appropriate remedies and standard of proof in such actions. In addition, the author addresses the propriety of a jury trial, concluding that a jury trial should be a matter of right in the determination of obscenity.
Mississippi's Prohibition Of Alcoholic Beverage Advertising: A Constitutional Analysis, Charlotte K. Ito
Mississippi's Prohibition Of Alcoholic Beverage Advertising: A Constitutional Analysis, Charlotte K. Ito
UC Law SF Communications and Entertainment Journal
Mississippi prohibits alcoholic beverage advertising to further its interest in promoting temperance. This note applies the first amendment commercial speech standard to the advertising ban and concludes that the alcoholic beverage advertising ban is an unconstitutional restraint of free speech. Further consideration of the interplay between the first and twenty first amendments indicates that to the extent that the ban violates first amendment interests, it is unsupported by the twenty first amendment.
Feature Film Secured Financing: A Transactional Approach For Lender's Counsel, Robert G. Weiss, Alan G. Benjamin
Feature Film Secured Financing: A Transactional Approach For Lender's Counsel, Robert G. Weiss, Alan G. Benjamin
UC Law SF Communications and Entertainment Journal
The authors describe the legal techniques that can be used by a secured lender's counsel to reduce the risks attendant upon the interim financing of feature films. The authors tell counsel how to accomplish the essential and inter-related tasks of (1) defining, perfecting and protecting a security interest in the feature film and related collateral; (2) assuring timely and on-budget delivery of the feature film; and (3) assuring receipt of promised presale advances used to "take out" the interim lender.
Copyright Infringement: An Argument For The Elimination Of The Scenes A Faire Doctrine, Don M. Tamura
Copyright Infringement: An Argument For The Elimination Of The Scenes A Faire Doctrine, Don M. Tamura
UC Law SF Communications and Entertainment Journal
This note deals with a relatively obscure aspect of copyright law-the scones a faire doctrine. In recent years it has gained popularity as a defense for potential infringers. The note first discusses the background of copyright law and the elements of a copyright infringement action. Then, two major theories and a procedural methodology are outlined before the scones a faire doctrine is defined and analyzed. After comparing the doctrine with the established theories of copyright protection, the author concludes that the doctrine is seriously flawed and conflicts with the other theories.
Divorce In The Entertainment Industry - Some Special Problems, Ovvie Miller
Divorce In The Entertainment Industry - Some Special Problems, Ovvie Miller
UC Law SF Communications and Entertainment Journal
Lawyers representing divorce clients in the entertainment industry are often presented with cases where the parties have substantial variations in annual income. Claims involving characterization and valuation of unique assets such as "right of publicity" also arise regularly. The legal background of these matters is reviewed from the perspective of California and New York law. The author offers practical advice to the lawyer who may have a case where these issues are presented.
The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart
The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart
UC Law SF Communications and Entertainment Journal
This article discusses the interrelationship between the immigration and tax laws as they affect foreign entertainers and athletes. A survey of the types of visas available and the effect of those classifications upon taxation is examined. Additionally, the article outlines the reporting requirements of foreign entertainers, and emphasizes careful planning in structuring immigration and tax matters.
The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan
The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan
UC Law SF Communications and Entertainment Journal
This article discusses the effect, under the current Copyright Act, of deliberate omission of copyright notice from a published work. The authors assert that although Congress intended to minimize the significance of the notice requirement in the new statute, an ambiguity in the statutory language has resulted in an uncertainty about the copyright status of a work when the author deliberately omits the copyright notice. The article discusses the conflict between Professor Nimmer's opinion on the issue and the decision of a federal district court in O'Neill Development, Inc. v. Galen Kilburn, Inc. The authors conclude that notice within five …
Labor And The Media In The Eighties, Robert M. Segal
Labor And The Media In The Eighties, Robert M. Segal
UC Law SF Communications and Entertainment Journal
No abstract provided.
Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug
Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug
UC Law SF Communications and Entertainment Journal
No abstract provided.
Personal Contracts For Bargaining Unit Employees - An Analysis Of Media Labor Implications, Victor Strimbu
Personal Contracts For Bargaining Unit Employees - An Analysis Of Media Labor Implications, Victor Strimbu
UC Law SF Communications and Entertainment Journal
No abstract provided.
Can A Computer Be An Author - Copyright Aspects Of Artificial Intelligence, Timothy L. Butler
Can A Computer Be An Author - Copyright Aspects Of Artificial Intelligence, Timothy L. Butler
UC Law SF Communications and Entertainment Journal
This note discusses the impact of current advances in computer science upon traditional copyright notions of authorship and originality. Finding that certain works created largely by computer are outside the ambit of federal copyright law, yet in need of protection for traditional policy reasons, the author explores several alternatives for providing copyright protection. A solution is proposed wherein the court presumes human authorship in machine created works, then, after ascertaining that the work meets the other requirements of federal copyright law, determines which individual is most deserving of copyright ownership.
Vdts As A Health Problem: The Newspaper Guild's Experience, David J. Eisen
Vdts As A Health Problem: The Newspaper Guild's Experience, David J. Eisen
UC Law SF Communications and Entertainment Journal
No abstract provided.
Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne
Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne
UC Law SF Communications and Entertainment Journal
This note examines the standard of probable cause as the sole justification for prosecutorial intrusion on the individual's privacy. It argues that, given California's express constitutional guaranty of a right to privacy, the defendant in a criminal prosecution should not be forced to defend himself in a public forum until after probable cause for a trial has been established at the preliminary examination.
Impact Of New Technology On Existing Bargaining Units In The Newspaper Industry, Martin R. Ganzglass
Impact Of New Technology On Existing Bargaining Units In The Newspaper Industry, Martin R. Ganzglass
UC Law SF Communications and Entertainment Journal
No abstract provided.
Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin
Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin
UC Law SF Communications and Entertainment Journal
Restraints have long been imposed on speech and advertising by doctors and lawyers with the result that members of these professions have traditionally feared publicity. Modern times, however, witness increasing exposure of the professions in the media. The author examines the traditional restraints, First Amendment implications, and the performance of the media in presenting legal and medical issues. He proposes new standards for medical and legal reporters and reports, and concludes that involvement in public debate should be part of satisfactory professional conduct.
Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Gail Fleming Winson
Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Gail Fleming Winson
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver
The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver
UC Law SF Communications and Entertainment Journal
Since 1976, when the United States Supreme Court decided Young v. American Mini Theaters, municipalities across the country have enacted zoning ordinances regulating adult entertainment, patterned after the ordinance upheld in Young. Unlike the ordinance in Young, many of these later ordinances have resulted in limitations upon protected speech. This note suggests a framework for analyzing the constitutionality of ordinances and moratoria which regulated the location of adult entertainment establishments.
The Author, The Irs And Prepublication Expenditures, David Walton
The Author, The Irs And Prepublication Expenditures, David Walton
UC Law SF Communications and Entertainment Journal
Authors have customarily deducted expenditures incurred in preparing a book for publication. The IRS has taken the position that such expenditures should be capitalized and then amortized. In the recent case of Faura v. Commissioner, the Tax Court allowed authors to deduct prepublication expenditures rather than capitalize them. In 1976, section 280 was added to the Internal Revenue Code by the 1976 Tax Reform Act. This section appears to require authors to capitalize prepublication expenditures for books. The Tax Reform Act of 1976 also contained section 2119 which allows authors to deduct prepublication expenditures until regulations are promulgated concerning them. …
Fair Use And Audiovisual Criticism, Brian S. O'Malley
Fair Use And Audiovisual Criticism, Brian S. O'Malley
UC Law SF Communications and Entertainment Journal
The doctrine of fair use, recently codified at 17 U.S.C. § 107, has long been recognized as a defense to infringement actions where excerpts of a copyrighted work were used in a criticism of that work. Two recent
cases, however, Iowa State University v. ABC and Roy Export v. CBS, have rejected defenses of fair use of audiovisual excerpts. This note traces the history of the fair use doctrine as it has been used in cases involving criticism, and as it has been applied to visual and audiovisual materials. The author proposes a "subject of the criticism" analysis for examining …
Collective Bargaining Issues In Newspapers, John B. Jaske
Collective Bargaining Issues In Newspapers, John B. Jaske
UC Law SF Communications and Entertainment Journal
No abstract provided.
Osha, Niosh And The Vdt Issue, L. Peyton Hendricks
Osha, Niosh And The Vdt Issue, L. Peyton Hendricks
UC Law SF Communications and Entertainment Journal
No abstract provided.
Hiring Referral Systems - Priority And Liability, Donald F. Sugerman
Hiring Referral Systems - Priority And Liability, Donald F. Sugerman
UC Law SF Communications and Entertainment Journal
No abstract provided.
Employee And Independent Contractors: Legal Implications Of Conversion From One To The Other, Allan L. Bioff, Robert E. Paul
Employee And Independent Contractors: Legal Implications Of Conversion From One To The Other, Allan L. Bioff, Robert E. Paul
UC Law SF Communications and Entertainment Journal
No abstract provided.