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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- UC Law SF Communications and Entertainment Journal (23)
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Articles 61 - 77 of 77
Full-Text Articles in Entertainment, Arts, and Sports Law
Miss Saigon: Casting For Equality On An Unequal Stage, Mabel Ng
Miss Saigon: Casting For Equality On An Unequal Stage, Mabel Ng
UC Law SF Communications and Entertainment Journal
In the summer of 1990, Actors' Equity Association tried to bar an awardwinning European actor from playing the role of a Eurasian in the Broadway production of Miss Saigon. In the controversy that raged, the theatrical world found itself afire with an issue that had simmered for decades: the practice of producers and directors casting white actors in racial and ethnic minority roles and their reluctance to consider ethnic actors for such roles. This note discusses the controversy surrounding Miss Saigon, the notion of non-traditional casting, artistic freedom versus affirmative action, and ways in which the theater might at last …
A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris
A Tribute To Kevin Thomas Duffy, Constantine N. Katsoris
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
As exemplified by the articles in this volume, recent scholarship on "authorship" reflects various influences. Among the most important are Michel Foucault's article, What is an Author?, and Benjamin Kaplan's book, An Unhurried View of Copyright. Since the late 1960s, these two texts have influenced work in literary and legal studies respectively. Only recently, however, have the lines of inquiry that Foucault and Kaplan helped to initiate begun to converge.
The Trouble With Confidential Sources: A Criticism Of The Supreme Court's Interest-Group View Of The First Amendment In Cohen V. Cowles Media Co., Patrick M. Garry
The Trouble With Confidential Sources: A Criticism Of The Supreme Court's Interest-Group View Of The First Amendment In Cohen V. Cowles Media Co., Patrick M. Garry
UC Law SF Communications and Entertainment Journal
For the last several decades, confidential sources have been a controversial media law issue. During the 1970s, the press argued that the press clause of the First Amendment conferred the freedom to maintain the confidentiality of its sources. According to this argument, only such a freedom would insure that the press could adequately perform its newsgathering role. In the recent case of Cohen v. Cowles Media Co., however, the press found itself somewhat on the other side of the argument. It unsuccessfully argued to the Court that the First Amendment precluded any liability for breaking a promise of confidentiality to …
The Right To Misquote, Marta Stanton
The Right To Misquote, Marta Stanton
UC Law SF Communications and Entertainment Journal
This article explores whether the First Amendment protects journalists who materially alter quotations from liability for defamation. The journalist's right of freedom of speech and the speaker's rights came in direct conflict in the case of Masson v. New Yorker Magazine, which provides the touchstone for this article. The author addresses the meaning of actual malice in the context of altered quotations and the journalist's responsibility to respect the meaning of quotation marks. This article concludes that a journalist who materially alters a quotation has gone too far and has acted with knowledge of falsity or reckless disregard for the …
The Right Of Reply To The Media In The United States - Resistance And Resurgance, Jerome A. Barron
The Right Of Reply To The Media In The United States - Resistance And Resurgance, Jerome A. Barron
UC Law SF Communications and Entertainment Journal
What is the present status of rights of reply and access in the United States? Although there is still no formal right of reply to the print media, efforts continue to create a right of reply to defamatory attack and to enact vindication statutes. Recent developments such as television talk shows and call-in radio demonstrate a renewed interest by the public in reply and access. There is a public effort to leap over the media and to participate directly in the opinion process. These developments are exemplified by the presidential campaigns of Ross Perot and Bill Clinton. Finally, the public …
How Valid Are U.S. Criticisms Of The Japanese Patent System, Michael Todd Helfand
How Valid Are U.S. Criticisms Of The Japanese Patent System, Michael Todd Helfand
UC Law SF Communications and Entertainment Journal
This article reviews and addresses criticisms that have been leveled against the Japanese patent system by U.S. businesses and the government. It begins by exploring the operations, history, and cultural background of the Japanese patent system, and drawing contrasts with the system employed by the United States. From there, it introduces and analyzes the validity or invalidity of the criticisms most commonly raised. While a definitive answer is not possible for all criticisms, this article concludes that a number of criticisms are more selfserving than constructive, and several of the most important criticisms do not address aspects of the patent …
The 1992 Cable Act: Just The Beginning, Nicholas W. Allard
The 1992 Cable Act: Just The Beginning, Nicholas W. Allard
UC Law SF Communications and Entertainment Journal
The 1992 Cable Act completely overhauls the legal rules governing the television marketplace, and its substantive impact will be felt for many years. The Act's complex, interrelated, and often intentionally vague provisions revise the rules pertaining to cable television, broadcast television, new television technologies such as DBS and wireless cable, the regulatory roles of the FCC and local franchise authorities, and the rates cable customers will pay. Its enactment marks the beginning of a new regulatory era whose legal features will be further defined by several FCC rulemakings, pending lawsuits, and additional legislation in the 103d Congress. The article traces …
Privacy In Telecommunications - A California Perspective, Mary Mack Adu, Gretchen Dumas
Privacy In Telecommunications - A California Perspective, Mary Mack Adu, Gretchen Dumas
UC Law SF Communications and Entertainment Journal
This article focuses on the policy and legal issues that are before state and federal agencies regarding informational privacy in telecommunications. For example, how does one reconcile the interests of, on the one hand, individuals and businesses who believe they have a right to "informational privacy" and, on the other hand, the demands of business to use this "personal information" to promote commercial activity and the demands of the public that it have full access to information that affects the public good. The article then examines the state of the law of privacy in California and specifically the California Public …
Employee Disclosures To The Media: When Is A Source A Sourcerer, Terry Morehead Dworkin, Elletta Sangrey Callahan
Employee Disclosures To The Media: When Is A Source A Sourcerer, Terry Morehead Dworkin, Elletta Sangrey Callahan
UC Law SF Communications and Entertainment Journal
Whistleblowing as a form of organizational control is being fostered by the judiciary and legislators. Yet these decisionmakers generally do not view the media as an appropriate whistleblowing recipient. This point was brought into sharp focus when Procter & Gamble persuaded law enforcement agencies to investigate the source of information leaked by "current and former P&G managers" to the Wall Street Journal. Armed with alleged violations of a state trade secrets statute, the corporation and the government effectively bypassed legal protections extended both to whistleblowers and to reporters who refuse to identify their confidential sources. This article evaluates whistleblowing to …
Protein Pharmaceuticals: Altering The Scope Of Product Patents To Accomodate Recombinant Dna Technology, Bret Field
Protein Pharmaceuticals: Altering The Scope Of Product Patents To Accomodate Recombinant Dna Technology, Bret Field
UC Law SF Communications and Entertainment Journal
As recombinant DNA technology has evolved into a prominent tool to synthesize new products in the pharmaceutical industry, courts have been faced with novel infringement issues involving the scope of patents granted to protein pharmaceuticals. This note analyzes the way courts have interpreted the scope of product patents granted to purified product of nature inventions and recombinantly synthesized products. The note highlights the current problems with the judiciary's interpretation of the Patent Act. The note then discusses a better approach to the infringement issues, an approach based on the Food and Drug Administration's procedure when faced with analogous issues raised …
Copyrights And Background Music: Unplug The Radio Before I Infringe Again, Paul Warenski
Copyrights And Background Music: Unplug The Radio Before I Infringe Again, Paul Warenski
UC Law SF Communications and Entertainment Journal
The 1976 Copyright Act entitles copyright owners of musical works to compensation for public performances of their songs. Congress carved out several exemptions in the 1976 Act, however, one of which is section 110(5). Section 110(5) denies compensation to copyright owners for transmissions made on radio or television equipment that is comparable to equipment used in private homes. Thus, under section 110(5) the small business owner who listens to a portable radio during business hours need not pay copyright licensing fees to every musician featured on the radio. This note examines the origin, content, and legislative history of the section …
Media Masala: Why Women's Control Matters, Sarah Krakoff
Media Masala: Why Women's Control Matters, Sarah Krakoff
Publications
No abstract provided.
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.
Contractual Waivers For Minors In Sports-Related Activities, Richard B. Malamud, John E. Karayan
Contractual Waivers For Minors In Sports-Related Activities, Richard B. Malamud, John E. Karayan
Marquette Sports Law Review
No abstract provided.
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Faculty Scholarship
No abstract provided.
Murdering The Spirit: Racism, Rights, And Commerce, Robin West
Murdering The Spirit: Racism, Rights, And Commerce, Robin West
Georgetown Law Faculty Publications and Other Works
Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and stories concerning the impact of racism and poverty on the human spirit; the historic and continuing role of law and legal institutions in defining, facilitating, and perpetuating those harms; and the possibilities and dangers imminent in the attempt to use law to effect a remedy for them. This is a book that we should celebrate: it reminds us that books are occasionally very, very important, that reading can be transformative, and that writing …