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Entertainment, Arts, and Sports Law

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Articles 2011 - 2030 of 2030

Full-Text Articles in Intellectual Property Law

Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish Jan 1977

Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish

UC Law SF Communications and Entertainment Journal

Daniel Schorr, a journalist long respected for his perceptivity and integrity, was recently the center of controversy when he made possible the publication of government documents not intended for public release. He discusses the continuing controversy between the public's right to know and the sixth amendment guarantee of the right to a fair trial, concluding that the courts have not adequately protected first amendment freedoms. Jesse Choper, noted constitutional scholar and author responds, illustrating case law highly protective of the freedom of the press. The authors agree that in special situations the public's right to know outbalances the right to …

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Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio Jan 1977

Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio

UC Law SF Communications and Entertainment Journal

The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.

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The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton Jan 1977

The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton

UC Law SF Communications and Entertainment Journal

With the passage of the Tax Reform Act of 1976, Congress severely restricted many of the tax advantages that came with the ownership of a professional sports franchise. The authors analyze in detail the effect of the new law, first discussing the benefits that had existed under prior law, then describing the method in which the Act changed the "rules of the game," and conclude with an indication of some tax planning for the future.

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The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons Jan 1977

The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons

UC Law SF Communications and Entertainment Journal

The "fairness doctrine" requires broadcast licensees to devote a reasonable percentage of their programming to controversial issues of public importance, and to present contrasting viewpoints when such issues are aired. The author concentrates on the requirement to present contrasting viewpoints, discussing the case law and policy guidelines that have emerged and concluding that in its present form the doctrine operates unfairly to both viewers and broadcasters. He suggests specific proposals for improvement.

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The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow Jan 1977

The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow

UC Law SF Communications and Entertainment Journal

The author recently testified in the current hearings conducted by the U.S. House Subcommittee on Communications in which repeal of the Equal Opportunities and Fairness Doctrines is being considered. In this article the author discusses the constitutional bases of these doctrines, the governmental action issue in the event of their repeal, and whether the Fairness Doctrine inhibits broadcast journalism. He suggests a differential equality of access solution to the present problem of application of the Equal Opportunities Doctrine and argues that the need of the people to know should continue to be a right through the Fairness Doctrine.

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Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell Jan 1977

Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell

UC Law SF Communications and Entertainment Journal

The author discusses the impact of the Farr and Fresno Four decisions on the California Newsmen's Shield Law, Evidence Code § 1070. First the author discusses the history of shield laws, tracing the competing concerns with the newsman's "right to know" and the fair administration' of justice. He uses this background as a means of analyzing the meaning and scope of § 1070. Then the author turns'to the specific decisions in Farr and the Fresno Four, analyzing their impact on the shield law. He concludes with a look at the proposed constitutional amendment to reverse the results in the two …

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Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer Jan 1977

Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer

UC Law SF Communications and Entertainment Journal

The author takes a careful look at the new Copyright Revision Act of 1976 from the perspective of writers and publishers of music. While finding much that is beneficial, the author concludes that further revision of the Copyright Act is necessary to fully protect performing artists.

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The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr. Jan 1977

The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.

Cleveland State Law Review

We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …

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The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg Jan 1977

The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg

Cleveland State Law Review

The 1976 Copyright Act represents a major advance for the creator. This is not to say that every provision is favorable to the creator. The new law is extremely complex, and the effects of many of its provisions are even now the subject of debate. The improvements of the new law over the 1909 Copyright Act are of such significance, however, as to justify its characterization by the Register of Copyrights as "an author's bill." This paper, based upon a panel discussion of the new law held at the Volunteer Lawyers for the Arts National Art Law Conference on December …

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Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review Mar 1968

Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review

Michigan Law Review

Much of the confusion over copyright pre-emption that has followed in the wake of Sears and Compco may be due to a fundamental difference between the present patent and copyright acts. Unlike the patent law that was at issue in Sears and Compco, the federal Copyright Act provides that the states may in limited circumstances protect literary property through the doctrine of common-law copyright. Under section 2 of the Act, a state may prevent copying of a work so long as it remains "unpublished." An alternative ground of decision in Paladin was that, regardless of preemption under Sears and …

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Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review Jan 1966

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review

Michigan Law Review

DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …

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Entertainment Title Duplication Cases: A Process Of Evolution Oct 1963

Entertainment Title Duplication Cases: A Process Of Evolution

Indiana Law Journal

No abstract provided.

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Is Choreography Copyrightable?: A Study Of The American And English Legal Interpretations Of "Drama", Robert Freedman Jan 1963

Is Choreography Copyrightable?: A Study Of The American And English Legal Interpretations Of "Drama", Robert Freedman

Duquesne Law Review

Dance, as well as music, may be reduced to writing. Movement may be recorded in Labanotation, which is a system of symbols by which the motion of each and every part of the human body, in its relationship to time and space, may be set down on paper. In 1952, Hanya Holm's labanotated choreographic score for the musical play, Kiss Me, Kate, was accepted by the United States Copyright Office for registration with a claim of copyright. Choreographic works may also be recorded by notation, symbols and diagrams different from the Laban system, drawings or pictures, or by language …

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Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed. Nov 1960

Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.

Michigan Law Review

Plaintiff home designer prepared plans for a client and filed a copy in a county office as required by ordinance in order to obtain a building permit. Defendant copied and used these plans without plaintiff's consent. In an action under a state statute codifying the common-law right of designers to the exclusive ownership of their unpublished designs, the lower court held for defendant, finding plaintiff's copyright to have been destroyed by publication. On appeal, held, reversed. The filing of architectural plans in a public office in order to secure a building permit does not constitute a publication of them …

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Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed. Jun 1958

Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed.

Michigan Law Review

Prior to December 1938, Patrick Hamilton wrote an original play entitled "Gaslight" which subsequently was published, performed and protected by copyright in both England and the United States. Loew's acquired exclusive motion picture rights to the play on October 7, 1942, and produced an original feature-length motion picture photoplay of the drama, also entitled "Gaslight." In 1945 Jack Benny sought and received permission to produce a 15-minute parody of the motion picture for his radio program. In 1953, without securing Loew's permission, Benny produced a 15-minute filmed parody of the motion picture for his television program. It was entitled "Autolight" …

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Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue Nov 1953

Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue

Michigan Law Review

Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.

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Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young Jan 1940

Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young

Kentucky Law Journal

No abstract provided.

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Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr. Nov 1911

Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.

Michigan Law Review

The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute

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Law Of Dramatic Copyright. Ii., Edward S. Rogers Dec 1902

Law Of Dramatic Copyright. Ii., Edward S. Rogers

Michigan Law Review

V. Dramatization of novels. - Continued. - Fortunately, we, in the United States, have had very little trouble in regard to the dramatization of novels. The copyright statute provides that the author of a copyrighted book may reserve the right to dramatize and translate his own work. There is no question, however, that but for this act which creates the additional right of dramatization and translation, the English rule would be in force in this country. The exclusive right of translating "Uncle Tom's Cabin" was denied Mrs. Stowe in Stowe v. Thomas, "decided before the enactment of the statute permitting …

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The Law Of Dramatic Copyright, Edward S. Rogers Nov 1902

The Law Of Dramatic Copyright, Edward S. Rogers

Michigan Law Review

Literary Property at Common Law.--There have been few legal questions so generally and so fully discussed-as that relating to the property of authors in their. writings. Up to 1769, it was generally conceded that authors enjoyed, by virtue of the common law, a perpetual copyright, and copyrights were sold and made the basis of family settlements. In 1769, the great case of Millar v. Taylor, was decided. An action had been brought in 1766 to recover ior the piracy of "Thomson's Seasons," and it was held by a majority of the judges, Lord Mansfield, Mr. Justice Aston and Mr. Justice …

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