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- UC Law SF Communications and Entertainment Journal (17)
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Articles 1 - 30 of 46
Full-Text Articles in Intellectual Property Law
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
BYU Law Review
No abstract provided.
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney
Indiana Law Journal
No abstract provided.
Biological Deposits Necessary For Patent Protection: An Expansion Of Permissible Procedure—In Re Lundak, 773 F.2d 1216, 227 U.S.P.Q (Bna) 90 (Fed. Cir. 1985), Debra K. Leith
Washington Law Review
The standard for biological deposits necessary for compliance with the enablement provisions of the Patent Act of 1952 (codified at Title 35 U.S.C.) has been altered by the Federal Circuit Court of Appeals in In re Lundak. Before Lundak, patent applications dependent on the use of biological materials called for the deposit of a biological sample in an independent depository, out of the inventor's control, on or before the filing date. The Lundak decision now permits an inventor to retain control of the deposit during prosecution of the patent application, so long as the public is guaranteed access to the …
What The General Practitioner Should Know About Trademarks And Copyrights. By Arthur H. Siedel, Samuel L. Davidson
What The General Practitioner Should Know About Trademarks And Copyrights. By Arthur H. Siedel, Samuel L. Davidson
Washington and Lee Law Review
No abstract provided.
Think Pink! Color Can Be A Trademark
Think Pink! Color Can Be A Trademark
Washington and Lee Law Review
No abstract provided.
The Scope Of Copyright Protection For Computer Programs: Exploring The Idea/ Expression Dichotomy*
The Scope Of Copyright Protection For Computer Programs: Exploring The Idea/ Expression Dichotomy*
Washington and Lee Law Review
No abstract provided.
The "Arising Under" Jurisdiction Of The Federal Circuit: An Opportunity For Uniformity In Patent Law, Emmette F. Hale, Iii
The "Arising Under" Jurisdiction Of The Federal Circuit: An Opportunity For Uniformity In Patent Law, Emmette F. Hale, Iii
Florida State University Law Review
No abstract provided.
Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener
Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener
University of Michigan Journal of Law Reform
Part I of this Note describes copyright law as it applies to university photocopy users, including an examination of the relevant legislative histories. Part II addresses the case law on university photocopying, both prior to and following the adoption of the Act. Part III briefly discusses the policies underlying university photocopying. The Note concludes with an analysis of the NYU settlement in relation to copyright law.
The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir
The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission Policy Act of 1986 (Dole Bill) offers a possible end to the dual federal regulation of the United States telecommunications industry, and could have a marked effect on the industry structure developed from the divestiture of the seven former Regional Bell Operating Companies (RBOCs) from AT&T in 1982. Currently, the telecommunications industry is subject to overlapping regulation by the FCC and the United States District Court for the District of Columbia. The Dole Bill proposes consolidation of jurisdiction in the FCC. The Department of Justice, which is responsible for a tri-annual review of the continuing need …
Forum And Substance: Introduction To The Symposium, Louis B. Schwartz
Forum And Substance: Introduction To The Symposium, Louis B. Schwartz
UC Law SF Communications and Entertainment Journal
For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive …
The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington
The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington
UC Law SF Communications and Entertainment Journal
In 1982, the United States District Court for the District of Columbia rendered its decision in United States v. AT&T, ordering the divestiture of AT&T as delineated in the Modified Final Judgment (MFJ) appended thereto. The divested Regional Bell Operating Companies are now seeking legislation which would effectively place enforcement of the MFJ into the hands of the Federal Communications Commission. The author examines the need for line-of-business restrictions, the constitutionality of the proposed transfer legislation, and the dangers to competition if such legislation is enacted. The author argues that enforcement of the line-of-business restrictions is necessary to promote fair …
The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller
The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller
UC Law SF Communications and Entertainment Journal
The struggle between motion picture exhibitors and distributors has resulted in continually changing business practices within the film industry. In particular, state anti-blind bidding statutes have changed the way film distribution is handled in the United States. The author traces the history of film licensing and concludes that anti-blind bidding legislation was unwarranted and has damaged the smaller, independent exhibitors and distributors.
The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter
The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter
UC Law SF Communications and Entertainment Journal
On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then divided among seven Regional Bell Operating Companies (RBOCs). The authors contend that the divestiture of AT&T and the Modification of Final Judgment (MFJ) appended thereto have created an anticompetitive marketplace through the imposition of line-of-business restrictions which in effect prevent the RBOCs from competing with AT&T. Moreover, the MFJ disregarded contemporaneous pro-competitive regulatory developments propagated by the Federal Communications Commission (FCC) which undercut the factual premises underpinning the line-of-business restrictions. The authors argue that the MFJ vests in the Department of Justice and the United …
Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger
Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger
UC Law SF Communications and Entertainment Journal
In Apple Computer Co. v. Franklin Computer, Inc., 714 F.2d 1240 (3d Cir. 1983), the United States Court of Appeals held that computer programs expressed in object code are copyrightable. Given the indecipherable nature of object code, courts are now faced with the difficult problem of determining when such copying has occurred. The author analyzes one trial court's approach to this problem found in SAS Institute, Inc. v. S&H Computer Systems, 605 F. Supp. 816 (M.D. Tenn. 1985). The author criticizes the court's method, arguing that its approach relies too heavily on competing expert testimony, and may extend to copyright …
The Changing Nature Of Communications Law Practice, Stuart N. Brotman
The Changing Nature Of Communications Law Practice, Stuart N. Brotman
UC Law SF Communications and Entertainment Journal
This article discusses the evolution of communications law practice over the past fifty years. The initial phase of communications law practice emphasized the lawyer's skill in administrative adjudications. In the second phase, the practitioner's focus shifted to the quasi-legislative activities found in the informal rulemaking process. Appellate litigation initiated by public-interest advocates during the 1960s marked another significant shift of focus from the Federal Communications Commission to the courts. Finally, the present and future course of communications deregulation represents yet another dramatic change in practice, emphasizing business negotiation skills as well as traditional modes of advocacy. The author chronicles these …
Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel
Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel
UC Law SF Communications and Entertainment Journal
When confronted with regulations which permit others to have access to their media, cable television system owners, among others, have challenged such rules as abridging their first amendment right to editorial freedom. The author analyzes this defense by examining exactly what editorial freedom is, and why it is protected. He argues that editorial freedom is best understood as the right of consumers to receive information effectively, and thus to employ editors to provide so called editorial functions. After noting that these services are analogous to those generally provided by retailers, the author discusses the editorial functions performed by cable operators. …
Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller
Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller
UC Law SF Communications and Entertainment Journal
Until the 1940s, motion pictures were almost always received, filmed, and shown in black-and-white. Recently, several companies have begun to mechanically add color to these old and often classic films. This process, known as colorization or color-recoding, has motion picture artists enraged. These filmmakers believe that no one should have the right to alter a completed work of art. The author reviews the background of this controversy, surveys several possible legal causes of action which filmmakers may use to protect their black-and-white films, and concludes that directors and other film artists are not powerless and can successfully use existing laws …
Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit
Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit
UC Law SF Communications and Entertainment Journal
The European doctrine of droit moral, known as moral rights in the United States, has not, per se, been integrated into the American legal system. The author examines the development of the law of unfair competition as a remedy for artists seeking to protect the moral rights of paternity and integrity. The author asserts that section 43(a) of the Trademark Act of 1946 (Lanham Act) has been interpreted by courts as an effective remedy for artists' paternity interests. However, regardless of the holding in Gilliam v. American Broadcasting Companies, the author finds section 43(a) as unreliable to provide redress for …
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
UC Law SF Communications and Entertainment Journal
The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …
Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek
Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus
Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus
UC Law SF Communications and Entertainment Journal
Citizens groups and both federal and state governments have recently expressed concern over the offensive content of some modern popular music. The author examines the potential for suppression of broadcast popular music by the Federal Communications Commission. The author concludes that, by virtue of the Communications Act of 1934, the Supreme Court's decision in FCC v. Paciica Foundation, 438 U.S. 726 (1978) and the federal judiciary's general failure to rigorously scrutinize FCC content regulatory initiatives, the FCC enjoys a degree of power over the content of broadcasting that is abhorrent to the first amendment. The author opines that regulation of …
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
UC Law SF Communications and Entertainment Journal
In Time, Inc. v. Hill, 1967, the U.S. Supreme Court held that proof of actual malice was required for a plaintiff to prevail in a false light invasion of privacy suit resulting from publication of a matter of public interest. Seven years later in Gertz v. Robert Welch, Inc., the Court repudiated the matter-of-public interest standard in defamation actions in favor of a standard focusing on the status ofthe plaintiff. Courts and commentators began speculating on whether the Court in Gertz had, in effect, overturned Hill sub silentio. Analysis of more than forty false light opinions handed down since Gertz …
Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen
Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen
UC Law SF Communications and Entertainment Journal
What restrictions confront entertainment attorneys who become so involved in the affairs of their clients that they either inadvertently or purposely cross the line between personal representation and the functions of a talent agent or personal manager? Artists need protection in the marketplace. Attorneys want to provide such protection but, given current industry practices, they are at a disadvantage to do so. The author explores-the existing statutory, artists' union, and professional responsibility restraints and determines that the time may have come to change the rules. In conclusion, the author suggests alternative measures to alleviate the problem.
Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer
Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer
UC Law SF Communications and Entertainment Journal
Since its advent, cable television has confused legislatures, courts, and commentators who have grappled with which first amendment regulatory model to apply to the medium-that of print, broadcast, or some hybrid of both. Preferred Communications, Inc. v. Los Angeles provides an opportunity to reduce the confusion. This commentary reviews the developmental and regulatory history of cable, discusses the background of the case, analyzes the United States Court of Appeals for the Ninth Circuit's opinion, and comments on the United States Supreme Court's opinion. Although the Supreme Court stopped short of endorsing a particular first amendment regulatory model, the author argues …
Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg
Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg
Penn State International Law Review
This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliament as indicated in the Revision of Copyright Subcommittee Report of October 1985 and is useful to an examination of United States copyright principles and the international role of the United States in copyright.
This author's conclusion is that compulsory license for simultaneous rediffusion of broadcast signals is a …
17 U.S.C. § 117: Is The Amendment To The Copyright Act Adequate To Regulate The Computer Software Market?, 7 Computer L.J. 227 (1986), Robin Michael
17 U.S.C. § 117: Is The Amendment To The Copyright Act Adequate To Regulate The Computer Software Market?, 7 Computer L.J. 227 (1986), Robin Michael
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Chip Off The Old Block: Copyright Law And The Semiconductor Chip Protection Act, 7 Computer L.J. 245 (1986), Frederic M. Wilf
A Chip Off The Old Block: Copyright Law And The Semiconductor Chip Protection Act, 7 Computer L.J. 245 (1986), Frederic M. Wilf
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Semiconductor Chip Protection Act Of 1984: Is Copyright Protection For Utilitarian Articles Desirable?, 7 Computer L.J. 129 (1986), Theodore Shih
The Semiconductor Chip Protection Act Of 1984: Is Copyright Protection For Utilitarian Articles Desirable?, 7 Computer L.J. 129 (1986), Theodore Shih
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Copyrightability Of Object Code And Rom In Japan, Australia, And Germany: Surpassing Traditional Copyright Limits, 6 Computer L.J. 513 (1985), Noah J. Gordon
Copyrightability Of Object Code And Rom In Japan, Australia, And Germany: Surpassing Traditional Copyright Limits, 6 Computer L.J. 513 (1985), Noah J. Gordon
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.