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Articles 1 - 26 of 26
Full-Text Articles in Entertainment, Arts, and Sports Law
The Syndication And Financial Interest Rules: Is It A Prime Time For A Change, Robert M. Osher
The Syndication And Financial Interest Rules: Is It A Prime Time For A Change, Robert M. Osher
UC Law SF Communications and Entertainment Journal
The FCC has recently proposed a repeal of the television network syndication and financial interest rules (Rules). The Rules, enacted in 1970, regulate certain network programming practices in an effort to shift more wealth to producers and thereby encourage more diverse and creative programming. The author questions the assumptions underlying the Rules and argues that drastic changes in the television marketplace have rendered the Rules ineffective. He concludes that the Rules should be replaced by new regulations more carefully constructed to prevent unwanted network dominance.
The Proposed Repeal Of The Financial Interest And Syndication Rules: Network Domination Or Public Interest Representation, Evie L. Klintzer
The Proposed Repeal Of The Financial Interest And Syndication Rules: Network Domination Or Public Interest Representation, Evie L. Klintzer
UC Law SF Communications and Entertainment Journal
In 1970, the Federal Communications Commission (FCC) adopted the Financial Interest and Syndication Rules (FISR) and the Prime Time Access Rule to increase programming diversity and permit independent producers greater access to prime time viewing hours. Now, fourteen years later, the FCC is seeking repeal of the FISR and deregulation of network affiliation in the syndication of independently produced programs. The author carefully examines the changes occurring in the television industry since the adoption of the FISR and the arguments favoring and opposing the proposed repeal, concluding that the FISR should be retained.
Tuning Out The Electorate: Early Network Projections And Decreased Voter Turnout, Jeff Polsky
Tuning Out The Electorate: Early Network Projections And Decreased Voter Turnout, Jeff Polsky
UC Law SF Communications and Entertainment Journal
The author offers evidence that television and radio coverage of elections prior to the closing of polls nationwide influences election results and thereby interferes with the electoral process. The author examines several possible solutions and concludes that the most effective solutions are restrictions on exit-polling and prohibitions against early broadcasts of election result projections. Acknowledging that such restrictions or prohibitions raise first amendment issues, the author argues that the primary purpose of the first amendment is protection of our system of self-government. The author concludes that broadcasts of early election projections deter people from voting and that the first amendment …
Sports And The Law: A Comprehensive Bibliography Of Law-Related Materials, Five Year Supplement (1979-1984), Frank G. Houdek
Sports And The Law: A Comprehensive Bibliography Of Law-Related Materials, Five Year Supplement (1979-1984), Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker
The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission's Prime Time Access Rule (PTAR) forbids television stations affiliated with the major networks from broadcasting certain programs during certain hours if the programs were produced for one of the major networks. The author examines the reasons PTAR is favored by the networks but concludes that PTAR should be repealed since it does not further any goals of network regulation, disregards viewer welfare, and clashes with anticensorship policies. The author suggests that regulatory inaction will increase competition among the networks for viewers, eventually forcing the networks themselves to push for PTAR's repeal.
Who's Watching The Watchdog: Self-Evaluative Privilege And Journalistic Responsibility In Westmoreland V. Cbs, Inc., Paul A. Weiss
Who's Watching The Watchdog: Self-Evaluative Privilege And Journalistic Responsibility In Westmoreland V. Cbs, Inc., Paul A. Weiss
UC Law SF Communications and Entertainment Journal
This note explores the self-evaluative privilege and its application to newsgathering media defendants in defamation trials. In Westmoreland v. CBS, Inc., defendant CBS was found to have waived the privilege. The author discusses the possible effects of this ruling and argues that the public interest in fostering responsible journalism should foreclose punishing newsgathering organizations that publicly take responsibility for their mistakes. The author concludes that the privilege, with limitations, should be extended to newsgathering media defendants.
The Applicability Of State Action Doctrine To Private Broadcasters, Ruth Walden
The Applicability Of State Action Doctrine To Private Broadcasters, Ruth Walden
UC Law SF Communications and Entertainment Journal
In light of the "deregulatory fever" currently in vogue in Washington, claims of a first amendment right of access to the broadcasting media are being heard again. Many groups are hoping to use the Constitution
to fill the access gap that would be left by elimination of policies like the fairness doctrine. Before such an approach can succeed, however, the government action requirement of the first amendment must be met; without state action, the first amendment is simply inapplicable. In this article, the author analyzes previous attempts to apply state action doctrine to broadcasters and the judicial responses they engendered. …
An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer
An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer
UC Law SF Communications and Entertainment Journal
Sex-based discrimination in interscholastic sports has recently been challenged by both male and female athletes. The courts have reached conflicting decisions as to whether such discrimination should be allowed and, if so, under what circumstances. The author analyzes the constitutional and statutory bases of these decisions. The author argues that this area remains in confusion because many of these decisions inadequately consider the issues involved or are based on stereotypical views of male and female athletic ability.
The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb
The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb
UC Law SF Communications and Entertainment Journal
California Labor Code section 2855 applies a seven-year limit to the enforceability of personal service contracts. This note discusses section 2855 as it applies to the unique contractual practices of the entertainment industry, particularly the industry's use of mid-term contractual extensions and agreements. The author analyzes the courts' application of section 2855 in two representative cases and concludes that greater statutory guidance is needed in order for the courts to better interpret section 2855. The author suggests that an interpretive provision be added to section 2855 to create a "rebuttable presumption" that a personal service contract which is renegotiated mid-term …
Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson
Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson
UC Law SF Communications and Entertainment Journal
The author analyzes the possibility that New York courts have eliminated a minor's common law right to disaffirm contracts under some circumstances. Sections 50 and 51 of New York's Civil Rights Law require the consent of a minor's parent or guardian for use of the minor's name, portrait, or picture. A parent's or guardian's consent may preclude the minor from later disaffirming a contract for the use of his or her name or photograph. The author suggests possible changes in legislation to protect the minor, as well as alternative legal approaches to prevent the use of photographs to which the …
A Tale Of Two Standards: Antitrust, The Public Interest, And The Television Industry, Edward P. Sangster
A Tale Of Two Standards: Antitrust, The Public Interest, And The Television Industry, Edward P. Sangster
UC Law SF Communications and Entertainment Journal
Until recently, competitive advertising practices required by antitrust laws might have interfered with the statutory obligation of broadcasters to program in the public interest. In United States v. National Association of Broadcasters, the court invalidated a television industry trade agreement that helped broadcasters fulfill their public interest requirement. The court held that the antitrust requirement of free competition outweighed the programming requirement. This note examines the court's decision and analyzes its effect on the FCC's recent deregulation of television advertising practices. The author questions the wisdom of deregulating the industry before the FCC has had the opportunity to study advertising …
Stay Tuned For New Technology: The Paradoxes Of The Proposed Financial Interest And Syndication Rules, Eli H. Glovinksy
Stay Tuned For New Technology: The Paradoxes Of The Proposed Financial Interest And Syndication Rules, Eli H. Glovinksy
UC Law SF Communications and Entertainment Journal
As part of its policy of deregulation, the Federal Communications Commission (FCC) has proposed a repeal of the financial interest and syndication rules governing the television industry. This note defines the public interest reasons behind the initial adoption of the rules and analyzes the major arguments for and against repeal. The author discusses the major networks' contention that competition rather than regulation should control the television industry, and contrasts this argument with the Committee for Prudent Deregulation's position that the strength of independent producers should be maintained to insure public interest through diverse programming. Taking this latter approach, the author …
The Fcc And Pay Cable: Promoting Diversity On Television, David Coursen
The Fcc And Pay Cable: Promoting Diversity On Television, David Coursen
UC Law SF Communications and Entertainment Journal
The FCC's pay cable policy to increase television diversity through deregulation has backfired. One unforeseen problem has been the rise of basic services, which, unlike subscription services, support themselves with advertising revenues. The author argues that the nonregulation of basic services and the harmful growth of vertical integration in the cable industry prevent television diversity and innovative programming.
Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky
Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky
UC Law SF Communications and Entertainment Journal
In November 1983, the Federal Communications Commission (FCC), in the spirit of deregulation and in response to pressure from broadcasters, changed its policy toward radio and television sponsorship of political debates. Under the old policy, a station could broadcast a debate as a news event and avoid the costs of providing equal time to fringe candidates only if someone else sponsored the debate. Under the new rule, stations can arrange and hold debates in their own studios without any obligation to provide equal time. The author analyzes the potential consequences of the new rule, questioning the propriety of the FCC's …
Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz
Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz
UC Law SF Communications and Entertainment Journal
Should regulated businesses be allowed to diversify into nonregulated areas? And if so, should the ratepayers be required to absorb the losses if these "investment opportunities" turn sour? Examining the landmark AT&T Divestiture Decree, the author argues that recent decisions regarding the permissible scope of outside operations have gone too far afield. By overemphasizing the potential benefits of competition, while underemphasizing important considerations of management psychology, the author feels unlimited diversification operates to everyone's detriment. The author concludes that the present guidelines are unworkable and offers some guiding principles for future decisions.
Carson V. Here's Johnny Portable Toilets, Inc.: Plumbing The Depths Of The Right Of Publicity, Carrie Goldstein
Carson V. Here's Johnny Portable Toilets, Inc.: Plumbing The Depths Of The Right Of Publicity, Carrie Goldstein
UC Law SF Communications and Entertainment Journal
The scope and definition of the right of publicity is currently in a state of confusion, and courts continue to interpret the right in a variety of ways. This note asserts that given too broad an interpretation, the right of publicity may impair first amendment freedoms. The author discusses the early cases developing the right of publicity and then examines the recent expansion of this right by the court in Carson v. Here's Johnny Portable Toilets, Inc. Distinguishing Carson from the earlier cases, the author argues that this broad expansion of the right of publicity is both unwarranted and undesirable. …
Two-Way Cable Television And Informational Privacy, Kenneth M. H. Hoff
Two-Way Cable Television And Informational Privacy, Kenneth M. H. Hoff
UC Law SF Communications and Entertainment Journal
The advent of interactive cable television will enable subscribers to avail themselves of various services, including catalog shopping and electronic funds transfers, within their own homes. The author is concerned that this increased convenience may be outweighed by the potential threat to privacy. The system can compile detailed information about subscribers that will be easily accessible to government authorities. The author discusses the inadequacy of present laws to protect the consumer and proposes a Model Act that would establish standards to uphold the privacy of subscribers.
The Plight Of The Personal Manager In California: A Legislative Solution, Gary A. Greenberg
The Plight Of The Personal Manager In California: A Legislative Solution, Gary A. Greenberg
UC Law SF Communications and Entertainment Journal
Personal managers play a critical role in the California entertainment industry, but are not currently regulated by statute. Entertainment unions and licensed talent agencies contend that personal managers perform substantially the same services as talent agents and should be subject to the same regulatory requirements. This note examines the recent legal and administrative rules and the problems these rules create. It discusses possible solutions, concluding with a proposal to amend the Talent Agency Act and create a "Personal Managers Act."
Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1980-1984), Frank G. Houdek
Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1980-1984), Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1982-1984), Gail F. Winson
Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1982-1984), Gail F. Winson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer
Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer
UC Law SF Communications and Entertainment Journal
Political unrest in many regions of the world presents dangers to journalists, and thereby threatens the free flow of information. UNESCO's proposal to license international correspondents in order to help insure their safe conduct has met with strong criticism from the American press. This commentary examines several human rights instruments and their limited enforceability and suggests that there may be other viable options, including treaties and internal codes of ethics, that would stem the trend of violence against reporters.
Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen
Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen
UC Law SF Communications and Entertainment Journal
A storyline is the foundation of any motion picture or television program. However, basic storylines are afforded little protection under the copyright laws. This note analyzes the extent of protection afforded storylines under federal and California copyright law. The author discusses ways an author may fashion his storyline in order to afford it greater copyright protection, as well as remedies available to a storyline writer when infringement does occur.
Writing With Light: The Metaphysics Of The Copyright Process In The Betamax Cases, David C. Farmer
Writing With Light: The Metaphysics Of The Copyright Process In The Betamax Cases, David C. Farmer
UC Law SF Communications and Entertainment Journal
The United States Supreme Court has recently held that the sale of videotape recorders does not constitute contributory infringement of the copyrights of television and motion picture producers. The author analyzes the Betamax cases, arguing that the plaintiffs erred in seeking judicial relief and instead should have attempted to achieve an accommodation with the new technology in the marketplace.
Of And Concerning Real People And Writers Of Fiction, Dan Rose, Charles L. Babcock
Of And Concerning Real People And Writers Of Fiction, Dan Rose, Charles L. Babcock
UC Law SF Communications and Entertainment Journal
Inevitably, real life experiences are the source of all artistic inspiration. Yet, to draw from this source often leaves the author open to potential allegations of libel; fictional characters created entirely in the author's mind are, in fact, "of and concerning" real people. In this article the authors examine the dilemma presented by real people and writers of fiction. By analyzing the creative process and looking at three recent cases, they argue that the current standard is unduly protective of plaintiffs. Only by requiring proof of malicious use of the fiction device as a subterfuge to defame the plaintiff, the …
Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee
Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee
UC Law SF Communications and Entertainment Journal
In recent years the increase in both computer literacy and the availability of computer terminals has led to an increase in computer crime. This note examines the state and federal criminal statutes designed to punish computer crimes, and asserts that these statutes are inadequate to deal with the problem of juvenile "hacking." In order to deter teenage "hacking" and better compensate its victims, the author proposes imposing civil liability on juveniles or their parents as an effective and realistic alternative to criminal prosecution of these juveniles.
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Articles by Maurer Faculty
No abstract provided.