Entertainment, Arts, and Sports Law Commons^™

The Deregulation Of Televised College Football: The National Collegiate Athletic Association V. Board Of Regents, Ralph Gonzalez

University of Miami Entertainment & Sports Law Review

No abstract provided.

Regulation Of Cable Television: A Multi-Tiered Governmental Approach, Judith R. Karp

University of Miami Entertainment & Sports Law Review

No abstract provided.

Remedying Athlete-Agent Abuse: A Securities Law Approach, Michael J. Sullivan

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Role Of Self-Incorporation By Professional Athletes In Today's Tax Climate - After Tefra And Tra '84, John Connors

University of Miami Entertainment & Sports Law Review

After reviewing the various strategies that the Internal Revenue Service employs to attack those Personal Service Corporations which it perceives as a tax subterfuge, the author details the changes brought by the Tax Reform Act of 1984 and especially the Tax Equity and Fiscal Responsibility Act of 1982. Analyses cover new section 269A as well as the various provisions which have generally eliminated the disparity between corporate and non-corporate retirement plans. The article concludes by exploring the continuing role of self-incorporation primarily in the area of family planning.

Satellite Transmissions: The Laws And Policies That Affect The Programmers, Individual Earth Stations And Smatv (Private Cable) Owners, Barry L. Miller

University of Miami Entertainment & Sports Law Review

No abstract provided.

Two Approaches To The Fair Use Doctrine: A Look At The Harper & Row, Publishers, Inc. V. Nation Enterprises Decisions, Alfred Scope

University of Miami Entertainment & Sports Law Review

No abstract provided.

Responding To An Ncaa Investigation, Or, What To Do When An Official Inquiry Comes, Charles Alan Wright

University of Miami Entertainment & Sports Law Review

No abstract provided.

Fine Art: Protection Of Artist And Art, Cordia A. Strom

University of Miami Entertainment & Sports Law Review

No abstract provided.

Cable Television Public Access And Local Government, John J. Copelan Jr., A. Quinn Jones Iii

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Home Videotaping Controversy: Achieving A Delicate Balance Between Copyright Protection And Public Access To New Entertainment Technology Sony Corporation Of America V. Universal City Studios, Inc, Deborah Magid

University of Miami Entertainment & Sports Law Review

No abstract provided.

The Crystal Cruise Cut Short: A Survey Of The Increasing Regulatory Influences Over The Athlete-Agent In The National Football League, Craig Massey

University of Miami Entertainment & Sports Law Review

No abstract provided.

Footprints Over The Caribbean: Bringing Program Protection In Step With Satellite Technology, David Ladd, Lewis Flacks, David E. Leibowitz

University of Miami Entertainment & Sports Law Review

No abstract provided.

Sports Broadcasting And The Law, Robert Alan Garrett, Philip R. Hochberg

Indiana Law Journal

No abstract provided.

Indecency On Cable Television, Lori R. Hartglass

University of Miami Entertainment & Sports Law Review

No abstract provided.

Copyright Infringement: Proof Of Access Through Striking Similarity Selle V. Gibb, Sandra K. Smokler

University of Miami Entertainment & Sports Law Review

No abstract provided.

Legislative And Judicial Approaches To Minors' Contractual Rights In The Entertainment Industry Shields V. Gross, Karren R. Boehm, Maria O. Guzman

University of Miami Entertainment & Sports Law Review

No abstract provided.

Patrons Despite Themselves: Taxpayers And Arts Policy, Michigan Law Review

Michigan Law Review

A Review of Patrons Despite Themselves: Taxpayers and Arts Policy by Alan L. Feld, Michael O'Hare, and J. Mark Davidson Schuster

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

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

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

UC Law SF Communications and Entertainment Journal

No abstract provided.

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

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

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

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

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

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

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

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

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.