Entertainment, Arts, and Sports Law Commons^™

Myths And Misunderstandings, Michael I. Meyerson

All Faculty Scholarship

This article explores the utility of the Holmsean marketplace of ideas when considering the regulation of different forms of communication technology.

Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson

All Faculty Scholarship

Given human nature, computer networks are prone to many of the same legal problems that have affected earlier forms of communication. The insatiable human appetite for mischief, information, pornography, and anti-competitive activity guarantees that the many legal conflicts that afflict computers, telephones, cable television, and broadcasting will be visited upon IBNs. This article focuses on several of these legal problems. By examining the history of controversies involving the electronic media and breaches of security, protection of privacy, regulation of sexual material and refusals to deal, this article attempts to outline some ways to think about applying the lessons from the …

California Lawyers For The Arts, Alma Robinson

UC Law SF Communications and Entertainment Journal

No abstract provided.

What Is Art - Toward A Legal Definition, Leonard D. Duboff

UC Law SF Communications and Entertainment Journal

A great number of unresolved issues arise in the relatively new field of art law. The author considers several areas of the law, including copyright, customs, state and federal moral and economic rights statutes, and state consignment statutes in order to develop a legal definition of "art." This Article concludes that this definition depends on who does the defining; however, common threads exist. Some sort of originality on the part of the work is required. Additionally, legislators faced with defining art are consistently concerned with the scope of the definition. The author believes a definition that attempts to include more …

State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris

UC Law SF Communications and Entertainment Journal

Prices for art works have risen enormously in recent years. For a museum to bring a major exhibition to the public often depends on the costs involved in insuring it. The Federal Arts and Artifacts Indemnity Act provides some relief from these expenses. Additionally, three states, Florida, Iowa, and Texas, have enacted similar statutes to aid their museums in hosting exhibitions not covered by the federal act. Do these state statutes really fill a need, and, if so, why do so few museums seem interested in them? The author concludes that state indemnity will help exhibitors and that disinterest on …

Emma Bovary, Nathan Marx And The Writer's Art, Vivian Deborah Wilson

UC Law SF Communications and Entertainment Journal

In this Essay, the author addresses censorship by examining public reaction to two literary works: Flaubert's Madame Bovary and Roth's Defender of the Faith. She presents the dangers of silencing writers to prevent readers from finding in these writings "confirmation for their own fully-developed intolerance, bigotry, hatred and violence."

Welcome To The Nineties, Bindrim V. Mitchell: Now Drop Dead, Robert Asa Crook

UC Law SF Communications and Entertainment Journal

Ten years ago Bindrim v. Mitchell roared like a lion, extending an author's potential to defame through fiction. Today, it appears that the lion may be a mouse. Courts are generally applying a higher degree of scrutiny in an effort to curb the "chilling effect" Bindrim could potentially wreak upon the artistic community. Artists and agents, however, should be wary of certain types of fiction which have no standardized protection. This Note suggests a standard which could protect all authors from nuisance suits brought by readers who assert that the fictional work is "of and concerning" them.

Preface To Jens B. Koepke's The University Of California Hate Speech Policy: A Good Heart In Ill-Fitting Garb, Edward M. Chen

UC Law SF Communications and Entertainment Journal

No abstract provided.

The University Of California Hate Speech Policy: A Good Heart In Ill-Fitting Garb, Jens B. Koepke

UC Law SF Communications and Entertainment Journal

A rising tide of racism and hate speech is rushing over American university and college campuses. Minority students are alienated and harmed by racist attacks inside and outside the classroom setting. The University of California has addressed the problem of hate speech by developing regulations barring students from using such speech on school grounds. This Note argues that the University of California policy sweeps too broadly and that its application of the "fighting words" doctrine is inappropriate in this context. The Note suggests an alternative policy recognizing the importance of protecting hate speech victims and legitimate speech.

My Life, My Story, Right - Fashioning Life Story Rights In The Motion Picture Industry, Michelle E. Lentzner

UC Law SF Communications and Entertainment Journal

In 1956, Twentieth Century-Fox contracted with Christine Costner Sizemore for rights to her life story. At the time, Sizemore was suffering from a multiple personality disorder, which the resulting movie The Three Faces of Eve dramatized. Sizemore has since recovered. In 1989, she tried to sell option rights for a movie based on her third biography. Twentieth Century-Fox sought an injunction, claiming it exclusively owned the movie rights to her life story. The author explores the parameters necessary for drafting life story contracts, as well as the recourse available to a subject whose life story is appropriated for a movie …

Proposed Prior Art Legislation For Computer Program Patent Applications: Creating A Potential For Coexisting Patents, Reed R. Heimbecher

UC Law SF Communications and Entertainment Journal

Although both copyright and patent law can be used to protect computer programs, this Note suggests that sui generis protection should be established for software. The author provides background information, including a description of various computer related terms, a discussion of the patentability of algorithms, and a discussion of the United States Supreme Court's decision in Diamond v. Diehr. This Note then proposes that pending software patents, even if eventually granted, should not constitute prior art for computer program patents.

The Law Of Ideas: New York And California Are More Than 3,000 Miles Apart, Peter Swarth

UC Law SF Communications and Entertainment Journal

The 1989 Los Angeles County Bar Association Entertainment Law Writing Competition First Prize Winner.

Over the years, New York and California courts have moved in opposite directions on the question of protection for the purveyor of ideas. While California courts have expanded the rights of idea sellers to almost equal those found under copyright law, New York courts virtually deny any rights to the "idea man." Recent decisions by the Second and the Ninth Circuit Courts of Appeals demonstrate just how far apart our two great centers of creativity have become.

Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson

UC Law SF Communications and Entertainment Journal

In an "information age" dominated by mass media entertainment, graphic characters have become increasingly valuable commodities. Federal trademark law and state antidilution statutes provide alternatives to copyright law protection of such hot properties as the "Teenage Mutant Ninja Turtles." This Essay explores how courts determine the existence of secondary meaning in characters, as well as which aspects of a character, such as a costume or nickname, may receive protection. The Essay concludes with an examination of new trends introduced by the entertainment industry and the law of unfair competition.

From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott

UC Law SF Communications and Entertainment Journal

This Article explores the often sexy landscape of satire and parody, asking the question, Has the law gone too far in denying plaintiffs recovery for satire that cannot be taken as literally true? The case of Pring v. Penthouse International provides the touchstone. The author addresses topics including Jerry Falwell's unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation of name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputations by raising suspicions that statements are based on …

Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter

UC Law SF Communications and Entertainment Journal

High Definition Television (HDTV) promises a dramatic technological advancement in the quality of video and audio television. This Note asserts that local broadcast television networks must be allocated additional space on the electromagnetic spectrum to transmit the improved signals required for a competitive HDTV system in the United States. Unless additional spectrum frequencies are allocated for broadcast television, the spectrum presently allocated may be insufficient to satisfy all applicants. Therefore, a scheme must be developed to determine which applicants will be granted the right to use any additional frequencies. The author discusses various methods of assigning the spectrum and proposes …

U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel

UC Law SF Communications and Entertainment Journal

The author describes the major communications policy forums and provides a directory of the principal individuals and organizations involved in creating the agendas of the forums and other major participants. The Directory covers federal, state, and some local government bodies, and key international communications forums. The Directory also lists academic research centers, policy journals, major conferences and seminar programs, foundations, and advocacy groups.

California V. Fcc: A Victory For The States, Ann E. Rendahl

UC Law SF Communications and Entertainment Journal

In California v. FCC, the Ninth Circuit invalidated the FCC's Computer III Order, a regulatory scheme that changed the method of regulating enhanced services. This Note evaluates the FCC's Computer III Order, focusing on the history of the computer inquiries and the ensuing policy debate between the FCC and state regulatory commissions. The Note analyzes the case law concerning the FCC's preemptive power under the Communications Act of 1934, including the U.S. Supreme Court's decision in Louisiana Public Service Commission and succeeding court of appeal decisions. The author describes the parties' arguments in California v. FCC, explains the Ninth Circuit's …

Doctors Can Just Say No: The Constitutionality Of Consumer-Directed Advertising Of Prescription Drugs, Michelle D. Ehrlich

UC Law SF Communications and Entertainment Journal

Advertising prescription drugs directly to consumers is a recent phenomenon and has sparked much ethical debate on how best to protect the interest of consumer/patients, physicians, and manufacturers. This Note examines the current statutory and regulatory provisions governing prescription drug advertising and their application, and concentrates on whether consumer-directed prescription drug advertising is constitutionally protected speech.

When A Promise Is Not A Promise: The Legal Consequences For Journalists Who Break Promises Of Confidentiality To Sources, Kathryn M. Kase

UC Law SF Communications and Entertainment Journal

According to both a trial court and an appeals court in Minnesota, a newspaper breached a contract when it identified a source to whom its reporter promised confidentiality. While American journalists are increasingly identifying confidential sources, imposing contract law is an inadequate remedy because it does not consider journalistic factors such as the story's news value. This Note argues that American courts should adopt the British cause of action for breach of confidence, which balances the source's need for confidentiality against the public's need to know.

Amending The Oversight: Legislative Drafting And The Cable Act, Michael I. Meyerson

All Faculty Scholarship

The Cable Communications Policy Act of 1984 ("Cable Act") represented the first comprehensive federal law governing the no-longer new communications technology of cable television. After years of confronting a "patchwork" of federal, state, and local regulation, the cable industry, government regulators, and the public were told that the Cable Act would create a "national policy concerning cable communications," and firmly "establish guidelines for the exercise of Federal, State, and local authority."

Unfortunately, the Cable Act failed to fulfill its numerous objectives. Advertised as a careful balance, the Cable Act was administratively and judicially converted to a lopsided grant of victory …

Personal Reflections On Art Law, Jessica L. Darraby

UC Law SF Communications and Entertainment Journal

No abstract provided.

Poetic Justice: Work Made For Hire Laws Invite State Regulation Of Parties To Copyright Contracts, Gregory T. Victoroff

UC Law SF Communications and Entertainment Journal

Little-known California laws may impose extensive statutory requirements and labor regulations on purchasers of copyrightable works using written "Work Made for Hire" contracts. These laws may coalesce with other state labor regulations, springing a costly trap on unwary users/buyers of coprightable works. Attorneys representing artist/employee clients can make artful use of the California "Work Made for Hire" laws to achieve for them a sort of "poetic justice."

The Defamation You Can't Refuse: Section 315'S Prohibition On Censoring Political Broadcasts, Martin Kassman

UC Law SF Communications and Entertainment Journal

Section 315 of the Communications Act prohibits broadcasters from censoring political candidates' commercials. What happens when a candidate runs an ad that tells lies about his opponent or someone else? What if a candidate uses obscene, indecent, or inflammatory language or images? The author reviews the cases that have come before the courts and the Federal Communications Commission. Although broadcasters have been held immune from liability for defamatory political broadcasts, that immunity is not explicit in the statute. It is unclear whether stations have the power to censor indecent or obscene political ads and whether they can be punished for …

Art Of The State: Congressional Censorship Of The National Endowment For The Arts, Stephen F. Rohde

UC Law SF Communications and Entertainment Journal

This Article explores the content restrictions imposed on the National Endowments for the Arts and Humanities. It recalls the ambitious goals set for the NEA and NEH in 1965. Next, it traces the 1989-1990 legislative battles to ban federal funding for "obscene" and "indecent" art. Finally, the author concludes that the congressionally-imposed content restrictions are unconstitutional in that they abridge the first amendment, enact a system of prior restraint, violate the prohibition on bills of attainder, and establish vague and uncertain standards imperiling protected speech.

Some Constitutional Implications Of Denying Nea Subsidies To Arts Projects Under The Yates Compromise, Karen Faaborg

UC Law SF Communications and Entertainment Journal

The 1989 funding legislation for the National Endowment for the Arts is constitutiQnally infirm for at least two reasons. First, it politicizes the grant-making process by inserting a government official as censor. Second, it allows subject matter discrimination to occur without the strict scrutiny safeguards designed to avoid illicit prior restraints and the chilling of first amendment rights. Passed as a form of compromise between two warring factions-the Jesse Helms set who would severely restrict NEA funding and the freedom-of-speech set who would impose no restrictions whatsoever-the so-called Yates compromise would nonetheless find a friendly audience at the Supreme Court …

Visual Arts And The Public: A Legislative Agenda For The 1990s, Thomas M. Goetzl

UC Law SF Communications and Entertainment Journal

The author reflects on the meaning both of the shocking prices currently being paid for many works of art and of some instances of the censorship of art. The author offers the possibility that both of these phenomena reveal a hostility to art and the artists who create it. The Essay then recommends a role that moral rights and resale royalty legislation can play to improve the public's sensitivity to the arts and artists.

Museum Collection Care Problems And California's Old Loan Legislation, Judith L. Teichman

UC Law SF Communications and Entertainment Journal

A number of museums have problems associated with objects which have been in their custody for many years. Sometimes it is unclear whether the objects were originally loans or gifts; in other cases, the lender has died or otherwise lost contact with the museum. This Essay describes what has led to these situations and the resulting dilemmas, including the difficulty of litigating claims to the objects. It describes the reasoning behind the factual support for various provisions in the California legislation governing loans to museums. The author concludes that the legislation will prevent a recurrence of the identified problems and …

Functionality Doctrine In Trade Dress And Copyright Infringement Actions: A Call For Clarification, Beth F. Dumas

UC Law SF Communications and Entertainment Journal

The design features of a useful article will not qualify for either copyright or trade dress protection if they are considered functional. The functionality doctrine is an elusive one; in the trade dress arena, courts have experienced considerable difficulty in setting forth functionality tests clearly. The author synthesizes several functionality standards from recent case law and discusses the merits of each. This Note suggests that in trade dress cases courts should distinguish between mechanical and non-mechanical products and apply different tests to each.

Children Watching Television Advertising: What's Wrong With This Picture, Peter Hallifax

UC Law SF Communications and Entertainment Journal

In 1983 the FCC abandoned its role as regulator of children's television advertising. Since then, Congress has been trying, so far without success, to enact legislation compelling the FCC to resume its former role. This Note reviews the history of children's television advertising regulation, examines the need for such rules, and concludes that the type of rules contemplated by Congress presume that television advertising directed at children is inherently deceptive. The Note concludes that this presumption is unwarranted, and that the issue should be fully. explored before laws which restrict children's viewing choices are enacted.

Judicial Discretion And The First Amendment: Extending The Holding Beyond The Facts Through Contiguous Decision-Making, Richard E. Labunski

UC Law SF Communications and Entertainment Journal

A revered principle of American law is that courts will extend the holding of a case only as far as the facts require. In first amendment cases, the application of this principle often means that freedom of speech and press issues remain unresolved for years while courts come to widely varying conclusions about how the first amendment is to be interpreted. This Article proposes that courts be allowed to extend the holding of certain cases beyond the facts through "contiguous decision-making." Such additional authority is necessary to preserve the special status of the first amendment and will not greatly enlarge …