Entertainment, Arts, and Sports Law Commons^™

The Sensitive Society, James F. Fitzpatrick

Federal Communications Law Journal

No abstract provided.

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.

Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets

Federal Communications Law Journal

The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …

Of Michelangelo And Roscoe Barrow, Leo P. Martinez

UC Law SF Communications and Entertainment Journal

No abstract provided.

Joint Authorship Under The Copyright Law, Scott C. Brophy

UC Law SF Communications and Entertainment Journal

After nearly a century of the concept of joint authorship existing in the common law, Congress codified that body of law, with some changes, into the Copyright Act of 1976. There remain, however to this day two important but unsettled issues of law. One, whether putative joint authors must each contribute copyrightable expression to a work in order to be given joint author status, and whether the author must merely intend to combine his own work with that of another author, or whether he must more specifically intend the legal consequences of joint authorship. This Article addresses these issues which …

The Nature Of Copyright Analysis For Computer Programs: Copyright Law Professors' Brief Amicus Curiae In Lotus V. Borland, Pamela Samuelson

UC Law SF Communications and Entertainment Journal

This brief amicus curiae was submitted by a group of copyright professors to the United States Court of Appeals for the First Circuit in Lotus Development Corporation v. Borland International, Inc.

Freedom Of Expression And The 1992 Cable Act: An Introduction, Eli M. Noam, Carolyn Cutler

UC Law SF Communications and Entertainment Journal

No abstract provided.

Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne

UC Law SF Communications and Entertainment Journal

No abstract provided.

A New Deal For Speech, Cass R. Sunstein

UC Law SF Communications and Entertainment Journal

No abstract provided.

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury

UC Law SF Communications and Entertainment Journal

No abstract provided.

Fighting Telemarketing Scams, Hebe R. Smythe

UC Law SF Communications and Entertainment Journal

Interstate telemarketing fraud has become an increasing problem in recent years. Unscrupulous telephone sellers victimize all segments of society, costing consumers tens of billions of dollars each year. Moreover, the costs of this type of fraud extend beyond consumers to credit card companies, banks, and legitimate telemarketers. Most of these con artists are never caught, however, because gaps in enforcement permit them to operate undetected and unprosecuted, and because sanctions against them are often impossible to enforce. This Note discusses the scope of the telemarketing fraud problem, analyzes the limitations of current detection, prosecution, and enforcement mechanisms, and proposes national …

Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu

UC Law SF Communications and Entertainment Journal

This Note concerns the problem of privacy in wireless communications. Since wireless communications use the airwaves, the communications are susceptible to interception. This Note will discuss possible solutions to this privacy problem including two solutions proposed by the Clinton Administration: 1) The Clipper Chip, an inexpensive encryption device, which will allow law enforcement to tap into communications, and 2) proposed legislation that bans technology that the government cannot decode.

New Technology And The First Amendment: Breaking The Cycle Of Repression, Robert Corn-Revere

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Rise And Fall Of The Fcc's Financial Interest And Syndication Rules, Christopher J. Pepe

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

All Faculty Scholarship

This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …

Motion Picture Distribution, Film Splitting, And Antitrust Policy, Stanley I. Ornstein

UC Law SF Communications and Entertainment Journal

The United States Department of Justice (DOJ) launched a major program in the mid-1980s against "film splitting" agreements, whereby motion picture exhibitors in a city agree not to competitively bid for movies. The DOJ held such agreements are per se price fixing conspiracies. This Article examines film splitting and its per se status. The author examines previous explanations for film splitting by reviewing the history of movie distribution and the efficiencies of distribution practices prior to the famous Paramount decision. The author also compares alternative methods of licensing and concludes that film splitting can reduce distribution costs, increase the number …

Altered Realities: The Effect Of Digital Imaging Technology On Libel And Right Of Privacy, Lisa Byrne Anastasio Potter

UC Law SF Communications and Entertainment Journal

This Note discusses the legal and ethical ramifications resulting from the use of digital imaging technology by the print and television news media. Focusing on libel and right of privacy, the author discusses the current laws' ability to deal with infringements involving digitally altered images. By using hypotheticals, the author explores the legal, moral, and societal problems that may arise with the increasing availability and use of this technology to alter news photographs. The author suggests "notice" as a solution to maintain free speech without compromising truth.

Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne

UC Law SF Communications and Entertainment Journal

No abstract provided.

Cable Operators As Editors: Prerogative, Responsibility, And Liability, Frederick Schauer

UC Law SF Communications and Entertainment Journal

No abstract provided.

Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen

UC Law SF Communications and Entertainment Journal

No abstract provided.

Media Countersuits In Libel Law: A Statutory And Judicial Framework, Kyu Ho Youm, Douglas A. Anderson

UC Law SF Communications and Entertainment Journal

Faced with costly expenses for libel lawsuits, the American press during the past decade started resorting to counterclaims as an "aggressive-offenseis- the-best-defense" tactic in response to what it considered to be meritless libel actions. This Article examines media libel countersuits to address critical issues raised by some commentators in the mid-1980s about the uncertain value of the suits. Three questions provide the main focus of the study: (1) Why do American media organizations countersue?; (2) What is the statutory and judicial status of media countersuits in the United States?; and, (3) What implications do media countersuits carry for American libel …

Disclosure Of Computer Re-Enactments During Pretrial Discovery, Mark Barrish

UC Law SF Communications and Entertainment Journal

Computer-generated re-enactments allow litigators to recreate events at issue before a jury. Because of the visual power of computer re-enactments, however, disclosure during the pretrial discovery process is of crucial importance. The author discusses what must be disclosed to the opposing party in federal civil actions relating to expert witness testimony. This Note suggests courts should generally compel the proponent of a re-enactment to disclose the underlying computer models used to create the re-enactment in order to guard against potential bias and allow for effective cross-examination.

Speech Of The Roscoe L. Barrow Memorial Award Winner, Rachelle Chong

UC Law SF Communications and Entertainment Journal

No abstract provided.

Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch

UC Law SF Communications and Entertainment Journal

Typically, the attorney-client privilege applies only to attorneys admitted to practice law by a state bar. However, courts have expanded the application of the attorney-client privilege. This Article focuses on whether a group of specialized legal professionals-patent agents-should be included in the category of legal advisors who are entitled to the attorney-client privilege. The recognition or rejection of a privilege for patent agents may be of critical importance during litigation in the United States involving patent rights. The author concludes that patent agents who function as legal practitioners should independently be recognized as attorneys for the purpose of the attorney-client …

Connick V. Myers And The First Amendment Rights Of Public Employees, Mike Harper

UC Law SF Communications and Entertainment Journal

In Connick v. Myers the Supreme Court developed a test to determine whether a public employer's sanctions of an employee for expressive activity receives First Amendment scrutiny. The Connick test has drawn heavy criticism from scholars, and the problems stem from ambiguities in the decision itself. This Note examines the Connick holding, highlights its guiding principles, and argues how, as well as the circumstances under which, the Connick test should be applied. The Note concludes that courts should ask two questions in considering whether to apply Connick in a new First Amendment situation: (1) Is the behavior protected?; and (2) …

Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern

UC Law SF Communications and Entertainment Journal

"Look and feel" or sequence, structure, and organization opinions generally do not include visuals of exhibits the lawyers used to convince the court or jury that one program was or was not substantially similar to another. As a result, it is difficult for look and feel lawyers to determine what sort of evidence influenced a precedential decision. This Article discusses the low-technology and high-technology approaches to proving and defending software copyright infringement cases. The author analyzes cases involving claims of visual similarity of the user interface, components of the user interface, or the sequence, structure, and organization of the user …

Not As Clean As They Wanna Be: Intermediate Copying In Campbell V. Acuff-Rose, William S. Coats, David H. Kramer

UC Law SF Communications and Entertainment Journal

In Campbell v. Acuff-Rose, the United States Supreme Court discussed digital sampling technology and the question of fair use for the first time. While most of the attention given Campbell has involved the question of fair use, this article raises several interesting questions about the impact digital sampling will have on this unexplored area of copyright protection. The authors suggest creative incentives for original authors may be safeguarded by analyzing intermediate copying as a separate use of copyrighted work.

Pto Perspective On Recent Developments In Patent Protection For Computer Hardware And Software, Lee E. Barrett

UC Law SF Communications and Entertainment Journal

This Article explores the area of patent protection for computer related inventions, The author examines the problem of determining whether a mathematical algorithm qualifies as patentable subject matter under 35 U.S.C. § 101 and the interpretation of means-plus-function limitations under 35 U.S.C. § 112 6. In his examination, the author explains the perspective of the United States Patent and Trademark Office, as well as the position taken by the Federal Circuit Court of Appeals in the recent cases of In re Alappat and In re Donaldson Co.

Federal Criminal Remedies For The Theft Of Intellectual Property, Kent Walker

UC Law SF Communications and Entertainment Journal

The theft and abuse of intellectual property has traditionally been controlled through civil remedies. In recent years, the prevalence of accessible and easily reproduced computer software and other information has led to an increase in the unauthorized use and infringement of copyrighted materials, making civil enforcement inadequate. In response, policy-makers have adopted a criminal approach to high technology crime. Congress, the courts, and federal law enforcement agencies have enacted new laws, developed stricter penalties, and pursued more rigorous prosecution to combat such actions. This Commentary outlines these new approaches and discusses the elements and limitations of criminal prosecution of information …