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Articles 1 - 17 of 17
Full-Text Articles in Entertainment, Arts, and Sports Law
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra
The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra
UC Law SF Communications and Entertainment Journal
Digital online piracy of television programming is a growing problem that has the television industry, production studios, and the Motion Picture Association of America searching for a cure. The FCC's planned cure is the "broadcast flag," which requires manufacturers of television equipment to bear the burden of protecting broadcast programming from pirates. The FCC's scheme not only contains several loopholes allowing pirates to circumvent the flag technology, it also protects only a tiny fraction of digital television content, at the cost of consumers. This note explains the ineffectiveness of the "broadcast flag," and suggests an alternate scheme based around copyright …
The War Against The Illegal Antiquities Trade: Rules Of Engagement For Source Nations, Jason Mcelroy
The War Against The Illegal Antiquities Trade: Rules Of Engagement For Source Nations, Jason Mcelroy
UC Law SF Communications and Entertainment Journal
This article addresses the problems of retrieving stolen cultural property in a practical manner. Instead of proposing new legislation or changes in the current cultural property regime, this article argues that countries that are source nations for the growing illegal trade in antiquities should better prepare themselves for their retrieval attempts, which in turn gives them a better chance at retrieving them through civil cases. By focusing on settlements and cases won in the United States, the paper submits guidelines by which source nations can be best equipped to prevail in a United States civil suit of replevin.
An Earthy Enigma: The Role Of Localism In The Political, Cultural And Economic Dimensions Of Media Ownership Regulation, Paul Cowling
An Earthy Enigma: The Role Of Localism In The Political, Cultural And Economic Dimensions Of Media Ownership Regulation, Paul Cowling
UC Law SF Communications and Entertainment Journal
This article examines the Federal Communications Commission's public interest principle of localism and its role in media ownership regulation, particularly the National Television Station Ownership rule. The article explains the enigmatic concept of localism by approaching it from several angles, including other regulatory spheres, such as banking and antitrust; Canadian nationalism; historical broadcast regulation; federalism; and contemporary debates on media ownership. While * explaining what localism means, the article identifies the territorial impulse behind media ownership regulation and its link with territorial reference points in the self-determination of national and local communities. In doing so, the article constructs a simple …
Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik
Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik
UC Law SF Communications and Entertainment Journal
In 1999 and 2000, a group of federal court decisions ruled that the Eleventh Amendment precludes Congress from holding states and their institutions liable in damages for infringing federal intellectual property protection laws. These rulings have created a marked imbalance in the American intellectual property system, in which states can fully protect their own intellectual property yet freely infringe on the intellectual property rights of others. Private intellectual property owners argue that this imbalance increasingly threatens the health of the American economy. In response, Congressional reformers enacted the Intellectual Property Protection Restoration Act. The legislation uses a conditional waiver scheme …
Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner
Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner
UC Law SF Communications and Entertainment Journal
Digital Downloading has become an exciting distribution model that has made large amounts of music available to consumers for a fraction of the price of a compact disc. However, if the mechanical royalty rate paid to composers for the reproduction of their work remains pegged to a fixed number, fluxuations in the retail price of downloads will either reduce or increase the relative value of the payment. To avoid smaller margins, which could dissuade independent labels from making masters available online, or a disproportionately low mechanical rate, the statutory mechanical royalty should be set as a percentage of wholesale receipts, …
As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii
As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii
UC Law SF Communications and Entertainment Journal
A stark circuit split mars the consistency of trademark infringement analyses within U.S. Circuit Courts of Appeal; some circuits review likelihood of confusion as a matter of fact, while others review it as a matter of law. This disparity places appellants at a disadvantage in some circuits and unnecessarily hinders the function of appellate courts by constraining their review of a substantially subjective balancing of facts. This Note concludes that although the individual factors indicating a likelihood of confusion are issues of fact, the ultimate issue of likelihood of confusion should be reviewed as a matter of law, allowing Circuit …
Why Protect Political Art As Political Speech, David Greene
Why Protect Political Art As Political Speech, David Greene
UC Law SF Communications and Entertainment Journal
Politics and art make for a volatile combination both socially and jurisprudentially. Although the capacity of artistic expression to relay political ideas was one of the driving forces behind the recognition of strong First Amendment rights for artistic expression, governmental officials tend toward the censorious when art communicates too much and "offends" or causes "controversy." Indeed, when art is "public," that is funded or exhibited by a governmental entity, public officials would often prefer that it contain no message at all. This article reviews the evolution of First Amendment protection for artistic expression, discusses why artistic expression is protected by …
Words Signifying Nothing - The Evolution Of 315(A) In An Age Of Deregulation And Its Effect On Television News Coverage Of Presidential Elections, Colin Vandell
UC Law SF Communications and Entertainment Journal
Focusing on private networks' television news coverage of presidential campaigns, this Note addresses the enactment and rise of Section 315(a) of the Communications Act of 1934 (the equal time rule) and the fairness doctrine that it officially operated in conjunction with for forty years. The Note then turns to the deregulation trend that abolished the fairness doctrine and took much of the bite out of Section 315(a). The Note concludes by examining the rise of ideology-driven and also of marketdriven political coverage that a laxly-enforced Section 315(a) has allowed.
The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox
The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox
UC Law SF Communications and Entertainment Journal
To date, thirty-one states and the District of Columbia have enacted shield laws that provide varying degrees of protection to reporters, their sources, and their notes. Several federal lawmakers have publicly considered whether a similar federal law would be appropriate. This note examines the roots of the reporter's privilege, surveys selected state shield laws, and considers the impact of the seminal Supreme Court case in the federal realm.
On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline
On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline
UC Law SF Communications and Entertainment Journal
A growing number of companies are offering "E-rated" versions of motion picture VHS tapes and DVDs-that is, versions which have been edited to remove nudity, sexual situations, and offensive or graphic language. These third-party editors do not own the copyrights or trademarks for the motion pictures they edit, nor do they have the permission of the owners. This article explains the processes that the thirdparty editors use to create the edited versions, as well as the copyright and trademark laws that apply, and analyzes the activities of the third-party editing companies actions in light of current copyright and trademark laws.
No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer
No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer
UC Law SF Communications and Entertainment Journal
Many people, interested in the way animals are treated in the entertainment industry, rely on the American Humane Association's end credit disclaimer, "No Animals Were Harmed During the Making of this Production" to quiet their concerns about animal mistreatment and to avoid supporting films or television programs that injure animals. However, the AHA's end credit disclaimer is misleading because it suggests that projects with the disclaimer are cruelty free. Even if a film or television show receives the "No Animals Were Harmed..." designation, chimpanzees cannot become "actors" and appear on the stage or screen without being subject to severe physical …
Undermining The Initial Allocation Of Rights: Copyright Versus Contract And The Burden Of Proof, Thomas A. Mitchell
Undermining The Initial Allocation Of Rights: Copyright Versus Contract And The Burden Of Proof, Thomas A. Mitchell
UC Law SF Communications and Entertainment Journal
Copyright law is designed to provide authors with incentives to create work. Publishers have usurped these incentives, however, by leveraging their superior bargaining power to contractually require authors to transfer all rights to a work. This Note argues that this problem could be resolved by a shifting the burden of proving that the contract was voluntary, and not coerced, from the author to the publisher. Proving that a contract was not voluntarily entered into forms an affirmative defense for a breach, which places the burden on the author. This Note will show that intellectual property cases are different, because, inter …
Into The Grey: The Unclear Laws Of Digital Sampling, Bryan Bergman
Into The Grey: The Unclear Laws Of Digital Sampling, Bryan Bergman
UC Law SF Communications and Entertainment Journal
When Congress enacted the 1976 Copyright Act, the musical engineering process of digital sampling was not a common practice, nor explicitly contemplated by the Act. Over the last few decades sampling has become a very common practice. Early court decisions regarding sampling, viewed the practice as stealing; however, these decisions failed to take into account the positive transformative possibilities that sampling provides. Recently, DJ Dangermouse came out with an album entitled The Grey Album that mixed vocal content from the rap artist Jay-Z's The Black Album and musical content from the Beatles' White Album. However, Dangermouse never asked permission for …
Reformulating The On Sale Bar, Frank Albert
Reformulating The On Sale Bar, Frank Albert
UC Law SF Communications and Entertainment Journal
The On Sale Bar has been construed narrowly to require that an invention be ready for patenting and that a commercial offer for sale be made in order for the Bar to apply. Although this approach provides certainty for patent applicants, it potentially increases monopoly profits for patentees by disregarding commercial activity designed to increase demand for an invention that is ready for patenting. This Note concludes that a broader formulation of the On Sale Bar that considers this type of activity is more in line with the relevant underlying policies.
A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert
A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert
UC Law SF Communications and Entertainment Journal
The widespread adoption of peer-to-peer software has allowed for fast, cheap, and easy distribution of content all over the world. Although this technology promises great advances for the global exchange of knowledge, it also greatly threatens copyright owners' interests. This article analyzes possible solutions to this conflict from an international copyright law prospective, considering requirements imposed by TRIPS, The Berne Convention, and The WIPO Copyright Treaty. This article proposes a flexible "bipolar" system, in which authors are allowed to choose between compensation provided by a levy-tax system and protection of their works through digital rights management technology, as a solution …
Exploring Iraq War News Coverage And A New Form Of Censorship In Violation Of The Quickly Evaporating Public Interest Requirement And Public Right To Receive Information, Robin A. Arzon
Jeffrey S. Moorad Sports Law Journal
No abstract provided.