Entertainment, Arts, and Sports Law Commons^™

Pay To Play: Enacting A Performance Right In Sound Recordings In The Age Of Digital Audio Broadcasting, Jonathan Franklin

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Poet, The Biographer And The Shrink: Psychiatrist-Patient Confidentiality And The Anne Sexton Biography, Sharon Carton

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Evolution Of Techniques For Negotiation Of Sports Employment Contracts In The Era Of The Agent, Daniel M. Faber

University of Miami Entertainment & Sports Law Review

No abstract provided.

Masson V. New Yorker Magazine, Inc.: A "Material Alteration", Nathalie L. Hiemstra

University of Miami Entertainment & Sports Law Review

No abstract provided.

Book Note: Caught In The Net, Lawrence Howard Kolin

University of Miami Entertainment & Sports Law Review

No abstract provided.

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson

Michigan Law Review

A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia

The Adventures Of Eric Blair, George P. Fletcher

Michigan Law Review

A Review of The Brothel Boy and Other Parables of the Law by Norval Morris

Home Court Advantage: Florida Joins States Mandating Due Process In Ncaa Proceedings, Travis L. Miller

Florida State University Law Review

No abstract provided.

The First Amendment And The Media: Controversial Issues In The 1990s Program Schedule And Introduction, Editorial Board

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

International Panel: Comparative Approaches To Media Protection, Joseph C. Sweeney, Ben Caspit, Andrea Hanlon, David A. Schulz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Judicial Panel: The Special Role Of The Judiciary In Protecting First Amendment Freedoms, John D. Feerick, Kenneth Conboy, John F. Keenan, Edward M. Rappaport

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Process Patents Amendments Act: The Labyrinth, David L. Hitchcock, Craig Allen Nard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Test Of A Taking: An Analysis Of The 1984 Cable Act’S “Mandatory Access” Provision , Marybeth W. Fahey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Impact Of The Media On Fair Trial Rights: Panel On Protection Of Reporters’ Sources, Hugh C. Hansen, Martin B. Adelman, Mark A. Conrad, George Freeman, Nicholas J. Jollymore, Arnold H. Lubasch, William A. Rome

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter

UC Law SF Communications and Entertainment Journal

In Sega v. Accolade, a case involving the legality of reverse engineering of computer software, the Ninth Circuit resolved copyright and trademark issues of first impression. The decision is of great significance for its legal analysis of the fair use doctrine and policies underlying the trademark law. This article provides background information useful to understanding Accolade from a technical and legal perspective. The authors conclude that the decision is consistent with the recent trend among the courts to limit the use of intellectual property laws to stifle competition.

Copyright Registration For Computer Programs And Screen Displays, Nancy H. Lawrence

UC Law SF Communications and Entertainment Journal

This article summarizes the practices of the U.S. Copyright Office for registration of copyright claims in computer programs and screen displays, and touches on some of the new software developments that raise issues relevant to registration.

California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl

UC Law SF Communications and Entertainment Journal

The author of this article was Program Chair of the Art Law Section meeting at the 1993 annual convention of the Association of American Law Schools. In the article, he briefly reviews state and federal legislative enactments that have affected the visual arts. The author then summarizes the presentations of each of the panelists at the Art Law Section meeting. Finally, the author offers his own comments on the Resale Royalty Report that was prepared by the Copyright Office and submitted to Congress in December 1992.

Droit De Suit: The Artist's Right To A Resale Royalty, Marilyn J. Krestinger

UC Law SF Communications and Entertainment Journal

This article discusses an artist's right to participate in the profits or royalties from the resale or use a work. It briefly traces the right to its European roots, notes the current countries that have an effective resale royalty, and then discusses the status of the right in the United States, summing up the recent report of the U.S. Copyright Office to Congress. The article concludes that if the European Community harmonizes existing droit de suite laws within the Community, then the United States may move in that direction.

California Arts Legislation Goes Federal, Richard Mayer

UC Law SF Communications and Entertainment Journal

The author provides a unique perspective from which to view moral rights and resale royalty legislation-that of an artist. His article relates his personal insights into the inception and enactment of the California Resale Royalties Act, the California Art Preservation Act, and VARA. In doing so, he also explores the issues surrounding resale royalties and moral rights.

Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown

UC Law SF Communications and Entertainment Journal

VARA is the first federal legislation allowing American artists to protect their works' integrity and to be recognized as authors despite the continuing sale or other transfer of their art. Such privileges, known as "moral rights," have been an integral part of European law for over a century, and have been incorporated into many American states' laws within recent years. With the passage of VARA, the moral rights laws of many states became redundant. This note attempts to determine the extent to which VARA preempts state laws, focusing on the New York, California, and Massachusetts statutes.

Home Audio Taping Of Copyrighted Works And The Audio Home Recording Act Of 1992: A Critical Analysis, Joel L. Mckuin

UC Law SF Communications and Entertainment Journal

This Article focuses on the inadequate protection afforded music creators from unauthorized noncommercial home taping of sound recordings. The widespread practice of unauthorized home taping has harmed both the recording industry and society. In an attempt to rectify the problem, Congress enacted the Audio Home Recording Act of 1992 (AHRA). The author argues, however, that AHRA provides record producers with insufficient protection from home copying. This Article addresses the shortcomings of AHRA: (1) the lack of royalties for analog home taping and (2) the lack of performance rights in sound recordings for copyright owners and music performers. It further indicates …

International Film Co-Production Tax And Subsidy Mechanisms, Margaret Moore

UC Law SF Communications and Entertainment Journal

International co-production agreements allow two or more countries to jointly produce films and television programming, thereby gaining tax incentives and national production subsidies. Co-production arrangements have resulted in films such as The Crying Game, Damage, and Prospero's Books.

This Article discusses current international co-production issues from the American producer's perspective. The Article is an exercise in global comparison, culminating in a discussion of the Council of Europe's proposal to standardize co-production rules and arrangements.

The High Cost Of Convenience: Antitrust Law Violations In The Computerized Ticketing Services Industry, Kevin E. Stern

UC Law SF Communications and Entertainment Journal

The advent of computerized ticketing has made the purchase of entertainment tickets more convenient for consumers-but often at a steep cost. Are ever-increasing ticketing service charges the result of antitrust violations or other unlawful business practices as consumers have charged? This Note examines recent class action antitrust lawsuits against the dominant California computerized ticket agencies, entertainment venues and promoters. It summarizes and analyzes the relevant California statutes and case law at issue and concludes there is merit to some, but not all, of the plaintiffs' claims.

Researching The Right Of Publicity: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Software Look And Feel Protection In The 1990s, Jack Russo, Jamie Nafziger

UC Law SF Communications and Entertainment Journal

This article reviews the historical development of "look and feel" copyright protection of computer software, including discussion of decisions favoring broad protection, decisions favoring competitive principles, and decisions taking an analytic approach to software copyright protection. The article also analyzes recent U.S. Supreme Court decisions to explore how the Court may decide the computer software "look and feel" issues, including consideration of how Lanham Act trade dress protection might be applied to protect computer software visual displays.

It Is Time To Put Look And Feel Out To Pasture, Douglas K. Derwin

UC Law SF Communications and Entertainment Journal

The author, who was present at the creation of "Look and Feel," now feels that the time has come to lay the theory to rest, because it is vague, confusing, and promotes overbroad analysis. Instead, he suggests analysis focusing on the different legal standards that apply to different elements in a computer program's user interface.