Entertainment, Arts, and Sports Law Commons^™

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

Performing Art: National Endowment For The Arts V. Finley, Randall P. Bezanson

Federal Communications Law Journal

In this modified version of a chapter in his forthcoming book, ART AND FREEDOM OF SPEECH (Univ. of Illinois Press, 2008-09), Professor Bezanson begins to probe the nature of art and its relation to the first amendment free speech guarantee. The essay uses the Finley v. NEA case, and specifically its discussion of Finley's performance art, to critique the Supreme Court's very approach to the Finley case, and to view the issues from the perspective of art, artistic freedom, and the Supreme Court's role in fashioning constitutional protection for art as art, and not simply as cognitive speech.

What Is A Rate - The Distinction Between Descriptions And Charges, And This Distinction's Impact On Federal Preemption For Wireless Truth In Billing, R. Matthew Warner

UC Law SF Communications and Entertainment Journal

In 1993 Congress passed the Omnibus Budget Reconciliation Act, which placed a limitation on state power to regulate rates of wireless carriers. This legislation explicitly reserved to the states the power to adjust the "terms and conditions" of a wireless provider's service. The FCC, however, interpreted the act as preempting states from requiring or prohibiting explicit line items. While many of the theoretical grounds for the FCC's 2005 Truthin- Billing Declaratory Ruling are correct, the empirical examples cited seem to conflict with its theoretical rulings, causing some of the Ruling to violate 5 U.S.C. § 706. Moreover, the two courts …

The Dmca And The Privatization Of Copyright, Dave Hauser

UC Law SF Communications and Entertainment Journal

With the support of recent case law, statistics, and legal analysis, this note defends the Digital Millennium Copyright Act (DMCA) and its copyright protection mechanisms. The DMCA should be readily acknowledged as a push toward the privatization of copyright. Furthermore, the vast amount of criticism surrounding the DMCA wrongly shifts the focus away from what its provisions have accomplished.

This note addresses three main challenges to the DMCA's constitutionality: (1) that it exceeds the scope of Congressional authority as restrained by the Intellectual Property Clause, (2) that it oversteps the boundaries of First Amendment protection, and (3) that the doctrine …

Money Ruins Everything, John Quiggin, Dan Hunter

UC Law SF Communications and Entertainment Journal

The statement, "it's hard to compete with free," encapsulates the most important recent developments in intellectual property policy and some of the most significant social trends of our time. Because amateur creators produce content for the love it and are prepared to work for free-or even to lose money to feed their desire to create-their existence threatens the economic assumptions of commercial providers of content. As a result, the rise of amateurism calls into question some fundamental assumptions we have about the public policy of innovation, the way that innovation occurs within society, and the incentives necessary to produce valuable …

The Antithesis Of Originality: Bridgeman, Image Licensors, And The Public Domain, Mary Campbell Wojcik

UC Law SF Communications and Entertainment Journal

Under the explicit terms of both the Copyright Act and the Constitution, everyone-scholars and laypeople alike-should be free to "reproduce, prepare derivative works from, [or] distribute" copies of Eakins paintings. But, contrary to the Copyright Act, some art institutions are legally requiring its image users to agree that, "any reproduction or use of the Photographs or Reproductions" contrary to the terms of its licensing agreements, "will be an infringement of copyright." Beginning with an analysis of the Southern District's holding in the two Bridgeman opinions, this article examines the reaction that the decisions have incited among various art image licensors, …

Piggy Backing On The Web 2.0 Internet: Copyright Liability And Web 2.0 Mashups, Lisa Veasman

UC Law SF Communications and Entertainment Journal

Today's Web allows anyone to "influence the duplication and dissemination of information around the world." User-generated content and applications, where users can combine web applications and synchronize one website's information with another's, comprise much of Web 2.0's Internet. This note investigates whether generative web applications can "piggy back" on the initial websites' safe harbor protections, provided by the Digital Millennium Copyright Act, or whether such applications are liable for primary infringement themselves. Such web applications, like the Web 2.0 mashup ("mashup"), face potential liability because they display user-generated, infringing material, which users originally uploaded onto one of the previously existing …

Accepting Droit De Site As An Equal And Fair Measure Under Intellectual Property Law And Contemplation Of Its Implementation In The United States Post Passage Of The Eu Directive, Mara Grumbo

UC Law SF Communications and Entertainment Journal

This note will argue that while many criticisms against droit de suite legislation are based on economic grounds, these grounds are not those on which the royalty is and should be based. These arguments miss the mark by focusing on the inadequacy of the economic value of the royalty rather than viewing droit de suite as a "moral rights" based measure, providing visual artists fair and equal protection under intellectual property law. Once one accepts the latter view and understands the royalty as a measure necessary to remedy the unjust treatment of visual artists under copyright law, the inadequate state …

Spam Works: Evidence From Stock Touts And Corresponding Market Activity, Laura Frieder, Jonathan Zittrain

UC Law SF Communications and Entertainment Journal

We assess the impact of spain that touts stocks upon the trading activity of those stocks and sketch how profitable such spamming might be for spammers and how harmful it is to those who heed advice in stock-touting e-mails. We find convincing evidence that stock prices are being manipulated through spam. We suggest that the effectiveness of spamrnmed stock touting calls into question prevailing models of securities regulation that rely principally on the proper labeling of information and disclosure of conflicts of interest as means of protecting consumers, and we propose several regulatory and industry interventions.

Based on a large …

Broadcast Profanity And The Right To Be Let Alone: Can The Fcc Regulate Non-Indecent Fleeting Expletives Under A Privacy Model, Edward L. Carter, R. Trevor Hall, James C. Phillips

UC Law SF Communications and Entertainment Journal

This manuscript examines the issue of broadcast profanity regulation in light of the Supreme Court's March 2008 decision to grant certiorari in an appeal from the U.S. Court of Appeals for the Second Circuit. The Second Circuit in 2007 held that the FCC was arbitrary and capricious in its decision to begin prohibiting single profanities, or fleeting expletives, on broadcast television. However, the common law of nuisance and the law of privacy may provide justification for the FCC to regulate broadcast profanity under 18 U.S.C. § 1464. Although some argue that regulating broadcast profanity would induce a chilling effect on …

Keeping The Internet Neutral: Net Neutrality And Its Role In Protecting Political Expression On The Internet, Jennifer L. Newman

UC Law SF Communications and Entertainment Journal

In Buckley v. Valeo, the Supreme Court found that discussion of public issues and debate on the qualifications of candidates is essential to the operation of the U.S. government. The Internet has become an important medium of political communication and this can arguably be attributed to its open nature and the large amount of control afforded to its users in selecting content. This note suggests that Congress must create proper regulations to ensure protection of political expression on the Internet. While discussing the two competing lobbying campaigns, net neutrality and net competition, this note ultimately promotes legislation currently pending in …

The Taming Of The Internet: A New Approach Third-Party Internet Defamation, Amanda Groover Hyland

UC Law SF Communications and Entertainment Journal

This article examines the liability of interactive Internet forum operators for defamatory statements written by third parties. It discusses Section 230 of the Communications Decency Act and how the courts have applied it to third-party Internet defamation. The article concludes that the courts' various approaches fail to adequately protect the various interests involved, as immunizing distributors fails to adequately protect defamation victims, and notice-based liability fails to adequately protect free expression on the web. Policy challenges and the constitutional foundations of libel law should be jointly considered to create a new test to evaluate liability for third-party libel on the …

Social Networking And Sexual Predators: The Case For Self-Regulation, Sander J. C. Van Der Heide

UC Law SF Communications and Entertainment Journal

The proliferation of social networking as a means of communicating and organizing online social relationships has created fora for sexual predation, cyberbullying, and harassment. Increasingly, minors are joining social networks, like MySpace and Facebook, which raise several legal and moral issues regarding the obligations and duties social networking sites have to their users. This note provides a history of social networking sites and the dangers associated with their use. After examining various common law and statutory attempts to regulate social networking sites, this note concludes that because of immunity under the Communications Decency Act and the impractibility of regulating the …

Reasonable Foreseeability In Information Security Law: A Forensic Analysis, Meiring De Villiers

UC Law SF Communications and Entertainment Journal

Businesses, non-profit organizations and government agencies regularly compile and maintain electronic databases of information about individuals who interact with these institutions. This article presents an analysis of civil liability for failure to safeguard confidential information. It focuses on the situation where a database owner failed to patch a computer security vulnerability which facilitated compromise of sensitive information. In a civil action against a database owner, foreseeability of exploitation of the vulnerability at issue is a key element of the liability analysis. The article provides judicial decision makers with the theoretical basis and a practical methodology to make an informed and …

Get Ready Cause Here They Come: A Look At Problems On The Horizon For Authorship And Termination Rights In Sound Recordings, Abbott Marie Jones

UC Law SF Communications and Entertainment Journal

Record companies have long included language in standard recording contracts declaring all sound recordings made by the artist works made for hire. Contractual provisions alone, however, will not be enough to confer work-for-hire status on sound recordings. Thus, record companies also require that artists assign some or all of their copyrights in the recordings to the record company. Beginning in 2013, authors of sound recordings will have the opportunity to exercise their right to terminate and renegotiate those assignments, their bargaining power increased by years of success in the music industry. Whether sound recordings will in fact be considered works …

Live Alienation: One Super-Promoter Eliminates Competition, Concert Fans Pay The Price, And The Sherman Act Waits In The Wings, 41 J. Marshall L. Rev. 527 (2008), Laura C. Howard

UIC Law Review

No abstract provided.

Authors And Readers: Conceptualizing Authorship In Copyright Law, Alina Ng

UC Law SF Communications and Entertainment Journal

Copyright law recognizes authors as the first owners of copyright. However, there is paucity in literature in copyright analysis of the author and the rights which should be granted by virtue of the very act of creativity in the production of literary and artistic works. This indicates insufficient attention paid to a concept that is so central to a law that primarily aims to encourage authorship for society's benefit. The idea of the author and authorship as a creative process is central to copyright analysis. Deeper analysis of the author and creative authorship will provide insights into how the law …

Greenberg V. National Geographic Society: The Eleventh Circuit Clarifies The Privileged Revision Doctrine Of The Copyright Act, Joseph Siprut

UC Law SF Communications and Entertainment Journal

This case comment discusses the landmark decision of the Eleventh Circuit, Greenberg v. National Geographic Society, in which the court clarified the privileged revision doctrine of the Copyright Act. This case comment specifically discusses the many implications resulting from this decision and navigates the reader through the current doctrinal landscape pertaining to privileged revisions of published works under Section 201(c) of the Copyright Act. Unlike existing commentary pieces announcing the result of this case, this piece examines the underlying legal doctrines and complicated procedural backstory to the case because of the extensive research gathered from copies of unpublished opinions and …

Signaling New Barriers: Implications Of The Wipo Broadcasting Treaty For Public Use Of Information, Lisa Mak

UC Law SF Communications and Entertainment Journal

Since November 1998, the Standing Committee on Copyright Related Rights of the World Intellectual Property Organization has been drafting a new Treaty on the Protection of Broadcasting Organizations that would provide copyright-like protection to broadcasting entities in signatory countries. As currently drafted, it would introduce a new layer of intellectual property rights that would be separate from, and in addition to, the rights of copyright holders. If implemented in the United States, the Treaty would represent a substantial shift from the norms and traditions of U.S. copyright law. This note will analyze how the Treaty might negatively impact the public's …

Pathways To Patents: Applying The Written Description Requirement Doctrine To Patents On Biological Pathways, Shengfeng Chen

UC Law SF Communications and Entertainment Journal

Research tool and "research-through" patents have become increasing concerns in recent years, particularly in pharmaceutical and biotechnology fields. In response to the impacts of these patents, courts have responded with a series of judicial decisions, and attempted to regulate these patents using the written description doctrine. However, these decisions have been confusing and inconsistent. After an examination of the Federal Circuit's written description jurisprudence and scholastic responses to these decisions, this article proposes a new standard of meeting the written description requirement to provide a workable solution for regulating research tool and "research-through" patents.

The Federal Communications Commission And The Nsa Call Database: The Duty To Investigate, Alan J. Chang

UC Law SF Communications and Entertainment Journal

In May of 2006, news broke out across the United States that the National Security Agency had compiled a call record database that consisted of numerous American consumers' private phone records. The NSA apparently obtained this data directly from four of the nation's largest phone providers at the time: AT&T, BellSouth, Verizon, and SBC. Although Congress called for an FCC investigation as to whether or not these phone companies broke the law, the Commission ultimately refused to involve itself in the matter despite the potentially immense breach of consumer privacy involved. Based on the minimal precedent to have covered this …

Can Intellectual Property Laws Stem The Rising Tide Of Art Forgeries, Joseph C. Gioconda

UC Law SF Communications and Entertainment Journal

Forged works of art have infiltrated the global marketplace at unprecedented levels during the past decade. Artists, museums, dealers, brokers and law enforcement have struggled to stop forgeries using traditional legal theories such as contract breach and fraud. These legal theories, however, have not been entirely successful at stopping the widespread global and online sale and distribution of art forgeries. Likewise, the prevalence of counterfeit merchandise has surged, undermining consumer confidence in the authenticity of luxury goods, pharmaceuticals and other consumer products. While those industries have lobbied successfully for stricter penalties against counterfeiting and have invested substantial resources in enforcement, …