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1984

Discipline
Institution
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Publication
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Articles 31 - 49 of 49

Full-Text Articles in Entertainment, Arts, and Sports Law

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky Jan 1984

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 …

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Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz Jan 1984

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.

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Carson V. Here's Johnny Portable Toilets, Inc.: Plumbing The Depths Of The Right Of Publicity, Carrie Goldstein Jan 1984

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. …

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Two-Way Cable Television And Informational Privacy, Kenneth M. H. Hoff Jan 1984

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.

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The Plight Of The Personal Manager In California: A Legislative Solution, Gary A. Greenberg Jan 1984

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."

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Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1980-1984), Frank G. Houdek Jan 1984

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.

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Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1982-1984), Gail F. Winson Jan 1984

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.

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Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer Jan 1984

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.

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Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen Jan 1984

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.

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Writing With Light: The Metaphysics Of The Copyright Process In The Betamax Cases, David C. Farmer Jan 1984

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.

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Of And Concerning Real People And Writers Of Fiction, Dan Rose, Charles L. Babcock Jan 1984

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 …

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Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee Jan 1984

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.

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Admissibility Of "Day In The Life" Films In Virginia, Mahlon G. Funk Jr., Harry J. Hicks Iii Jan 1984

Admissibility Of "Day In The Life" Films In Virginia, Mahlon G. Funk Jr., Harry J. Hicks Iii

University of Richmond Law Review

In recent years, audiovisual technology has taken an increasingly prominent position in courtroom procedures. Defense attorneys have traditionally introduced motion pictures of allegedly injured plaintiffs caught in some intense physical activity. More recently, courts have allowed the use of audiovisual depositions, which afford scrutiny of the characteristics and mannerisms of deposed witnesses. In the midst of this evidentiary trend, plaintiffs' counsel now frequently seek admission of "day in the life" films. Such films purport to depict for the jury in graphic detail the effects that a severe personal injury can have on the plaintiff's life. Admission of these films is …

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Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler Jan 1984

Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler

University of Richmond Law Review

The Supreme Court of the United States recently stunned the cable television industry with its decision in Capital Cities Cable, Inc. v. Crisp. The immediate result of the ruling was to preempt a state statute prohibiting the advertisement of certain alcoholic beverages; however, the decision's potential impact could be much broader. The Court unanimously held cable television regulation to be the "exclusive domain" of the Federal Communications Commission (FCC) and an "area that the Commission has explicitly pre-empted." Thus, the decision extends broad regulatory authority to the FCC at the expense of local control.

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Indirect Aid To The Arts, Alan L. Feld, Michael O'Hare Jan 1984

Indirect Aid To The Arts, Alan L. Feld, Michael O'Hare

Faculty Scholarship

Most government support of arts institutions is indirect—the result of charitable deduction provisions of the federal income tax, property tax exemptions extended by local governments, and other tax provisions. The money that government forgoes through these provisions must be made up by higher taxes for all taxpayers. The public, however, has little say about how these funds are spent. By its very nature, the income tax deduction places the decision-making power over arts institutions in the hands of those with high incomes. Those with high incomes receive a greater tax benefit for each dollar they contribute, increasing the amounts they …

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Drugs, Athletes, And The Ncaa: A Proposed Rule For Mandatory Drug Testing In College Athletics, 18 J. Marshall L. Rev. 205 (1984), James B. Ford Jan 1984

Drugs, Athletes, And The Ncaa: A Proposed Rule For Mandatory Drug Testing In College Athletics, 18 J. Marshall L. Rev. 205 (1984), James B. Ford

UIC Law Review

No abstract provided.

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Are Scholarship Athletes At Big-Time Programs Really University Employees? You Bet They Are!, Ray Yasser Jan 1984

Are Scholarship Athletes At Big-Time Programs Really University Employees? You Bet They Are!, Ray Yasser

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz Jan 1984

Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz

Articles by Maurer Faculty

No abstract provided.

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The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White Jan 1984

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

Michigan Law Review

This paper is an essay in what I want to call the poetics of the law. I begin with a largely autobiographical account of what seems to me a striking similarity in the ways in which poetry and law once were taught - and to some degree still are taught, though perhaps less comfortably so. My first object is to suggest some connections: between these two kinds of thought and expression; between the ways in which we are habituated to read texts of each sort; and between the dilemmas that confront readers and critics in each field. In doing these …

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