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Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2016

Communications Law

Articles 1 - 5 of 5

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

The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen Jan 2016

The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen

Hastings Communications and Entertainment Law Journal

Since the rapid expansion of the Internet in the 1990s and through the 2000s, Internet entrepreneurs and technology companies continue to discover new ways to offer music online for free. A large portion of the music offered by these services was created prior to 1972, the year the Sound Recordings Act of 1971 established as the cut-off for federal copyright protection. These pre-1972 sound recordings are covered by a patchwork of state and common law, which varies greatly from state to state. Though some music services have shielded themselves with the safe harbor provision offered to Online Service Providers ("OSPs ...


There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith Jan 2016

There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith

Hastings Communications and Entertainment Law Journal

Smoking is the most common preventable causes of death in the United States and costs society billions of dollars each year. Most smokers become addicted at a young age, but often have no legal remedy from smoke-related injuries. Smoking in movies is a significant factor in the initiation of youth smoking, yet the Motion Picture Association of America ("MPAA") does not factor "smoking" into movie ratings. This note argues that in order to reduce the harmful effects of youth smoking, movies with depictions of cigarettes should be rated R. In order to pressure the MPAA into making this change, potential ...


Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah Jan 2016

Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah

Hastings Communications and Entertainment Law Journal

Title III of the Americans with Disabilities Act ("ADA") aims to prevent discrimination against the disabled in places of public accommodation. Unlike many other anti­ discrimination statutes, the ADA requires places of public accommodation to take affirmative steps to ensure access for the impaired. Courts currently differ on whether a place of public accommodation requires a physical location or whether nonphysical places, such as a retailer's website, also fall under the statute. Some courts apply the nexus test to determine the whether the ADA applies to online content. Under the nexus test, there must be a connection between a ...


Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel Jan 2016

Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel

Hastings Communications and Entertainment Law Journal

In 2015, the Federal Communications Commission ("FCC") decided to reclassify broadband Internet service as a telecommunications service subject to Title II regulations contained in the Communications Act. This decision is currently under review by a three­ person panel of judges for the D.C. Circuit. A key question in the review will be whether the FCC's reclassification decision is eligible for Chevron deference. The answer to this question will likely be based on lessons learned from similar cases dealing with Chevron deference that the Supreme Court has addressed. For instance, the fact that the reclassification decision is likely to ...


Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff Jan 2016

Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff

Hastings Communications and Entertainment Law Journal

Currently, there is not a uniform international standard for the protection of journalists against politically motivated claims of espionage, and this void allows governments to cloak politically motivated claims of espionage as a "national security threats." The purpose of this article is to propose amending the International Covenant on Civil and Political Rights ("ICCPR"), to remove the void, by making Article 19 a nonderogated right for journalists who are reporting and participating in political expression.