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Legal Protection For Microcode And Beyond: A Discussion Of The Applicability Of The Semiconductor Chip Protection Act And The Copyright Laws To Microcode, 6 Computer L.J. 187 (1985), John R. Harris Jan 1985

Legal Protection For Microcode And Beyond: A Discussion Of The Applicability Of The Semiconductor Chip Protection Act And The Copyright Laws To Microcode, 6 Computer L.J. 187 (1985), John R. Harris

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton Jan 1985

Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton

UC Law SF Communications and Entertainment Journal

Every year increasing numbers of disabled patrons are visiting amusement parks. Focusing on the areas of admission, accommodation and safety, this article addresses the special needs of these patrons, and the need for their consistent and fair treatment within the amusement park industry. First, the article stresses the need for states to enact civil rights legislation prohibiting discrimination against disabled persons by amusement places. Second, architectural barriers statutes must be extended to apply to privately owned buildings and recreation areas in order to provide the disabled access to amusement parks. Most importantly, safety policies of a park must be carefully …

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Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz Jan 1985

Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz

UC Law SF Communications and Entertainment Journal

Cable television companies can now provide two-way communications services allowing users to both receive and send messages. If unregulated, cable companies may gain an unfair advantage over the heavily regulated local telephone companies which formerly were the sole providers of two-way services. The author examines developments transforming the telecommunications industry and the classification of cable's two-way services as "non-cable services." The author recommends that cable companies be allowed to enter the telecommunications market and that their "non-cable services" be regulated under the same guidelines applicable to telephone companies providing similar services.

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The Videotape Rental Controversy: Copyright Infringement Or Market Necessity, 18 J. Marshall L. Rev. 285 (1985), Julie Kane-Ritsch Jan 1985

The Videotape Rental Controversy: Copyright Infringement Or Market Necessity, 18 J. Marshall L. Rev. 285 (1985), Julie Kane-Ritsch

UIC Law Review

No abstract provided.

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The Administration's Legislation: The National Cooperative Research Act Of 1984, The National Productivity And Innovation Act Of 1983, 18 J. Marshall L. Rev. 607 (1985), Kelly L. Morron Jan 1985

The Administration's Legislation: The National Cooperative Research Act Of 1984, The National Productivity And Innovation Act Of 1983, 18 J. Marshall L. Rev. 607 (1985), Kelly L. Morron

UIC Law Review

No abstract provided.

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Contributory Infringement By Providing The Means: The Staple Article Of Commerce Doctrine And An Alternative Analysis For Copyright Law, 18 J. Marshall L. Rev. 703 (1985), Michael J. Mccambridge Jan 1985

Contributory Infringement By Providing The Means: The Staple Article Of Commerce Doctrine And An Alternative Analysis For Copyright Law, 18 J. Marshall L. Rev. 703 (1985), Michael J. Mccambridge

UIC Law Review

No abstract provided.

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Information Law Overview, 18 J. Marshall L. Rev. 815 (1985), George B. Trubow Jan 1985

Information Law Overview, 18 J. Marshall L. Rev. 815 (1985), George B. Trubow

UIC Law Review

No abstract provided.

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Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence Jan 1985

Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence

UC Law SF Communications and Entertainment Journal

The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.

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The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1985

The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

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California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer Jan 1985

California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer

UC Law SF Communications and Entertainment Journal

Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …

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Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie Jan 1985

Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie

UC Law SF Communications and Entertainment Journal

A suit by the Chicago Cubs baseball organization attempting to overturn amendments to the Illinois Environmental Protection Act as well as a city ordinance which prohibited certain nighttime athletic contests failed. The principle argument advanced by the Cubs was that the legislation was designed solely to apply to the Cub's baseball park, Wrigley Field, and thus violated the special legislation prohibition of the Illinois Constitution. The court refused to accept this argument, taking the language of the statute on its face as also applying to future stadia. The author suggests that given the strong feelings of the city and state …

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The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary Jan 1985

The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary

UC Law SF Communications and Entertainment Journal

The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.

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Per Se Legality In Copyright Licensing, Lawrence J. Siskind Jan 1985

Per Se Legality In Copyright Licensing, Lawrence J. Siskind

UC Law SF Communications and Entertainment Journal

There is an inherent tension between the law of antitrust and the law of copyright. While the former prevents monopolies, the latter creates them. In order to reconcile this conflict the author suggests application of a rule of per se legality to exclusive territorial licenses of copyrighted works. Such an approach would provide copyright holders with a certain legal standard, not now available under the indefinite Rule of Reason. The author argues that there is authority for such a rule of per se legality based on the Copyright Act of 1976, precedent in patent law and the concept of copyright …

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Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman Jan 1985

Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman

UC Law SF Communications and Entertainment Journal

Should a film be labeled with the perjorative term "propaganda" simply by virtue of its political subject matter and its being made in a foreign country? The Foreign Agents Registration Act (FARA) was originally passed in 1938 as a means of informing the public that certain films and other material had been developed by the Nazi's and other "subversive" organizations. The author explores the recent Justice Department usage of FARA to label three Canadian films "political propaganda." The author concludes that the applicable section of FARA has a chilling effect that violates fundamental first amendment rights.

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Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton Jan 1985

Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton

UC Law SF Communications and Entertainment Journal

Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.

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Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack Jan 1985

Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack

UC Law SF Communications and Entertainment Journal

The FCC has regulated the ownership structure of the broadcasting industry in order to protect the public's interest in the free dissemination of diverse ideas. Citing the competition offered by new communications technologies, the FCC recently raised significantly the limits on group ownership of radio and television stations. This note argues that the premise behind ownership deregulation-that free market forces and the antitrust laws are sufficient guardians against excessive concentration-is flawed when considered in light of the first amendment underpinnings of the FCC's diversification policy. The author concludes that, while some deregulation may be necessary at this time, the FCC …

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Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst Jan 1985

Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst

UC Law SF Communications and Entertainment Journal

Should courts find that a defamatory communication made between employees of the same corporation does not satisfy the publication requirement of the tort of defamation? The author examines case law on both sides of the publication issue and argues that neither the cases which established the "no publication rule" nor the theoretical underpinnings of the tort of defamation can support the requirement of publication in cases of intra-corporate communications. The author concludes that the traditional theory, finding a sufficient publication as soon as a third person has understood the communication as defamatory, reconciles the defamed individual's right to sound reputation …

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Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker Jan 1985

Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker

UC Law SF Communications and Entertainment Journal

Newspaper owners presently have both the ability and the inclination to limit the flow of information to the public. One device they use to suppress the flow of information is the threat of discharging recalcitrant employees. The author explains the "checking" function of the press on the government and how that function is impaired by newspaper owners' tendencies to limit or suppress the publication of certain information. The author also discusses the dilemma faced by editors in adhering to their journalistic standards while still enforcing the newspaper owner's policies. The author proposes that California's bar against discharges motivated by purposes …

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Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor Jan 1985

Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor

UC Law SF Communications and Entertainment Journal

The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.

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Requiem For A Parody, Randall B. Hicks Jan 1985

Requiem For A Parody, Randall B. Hicks

UC Law SF Communications and Entertainment Journal

Although parody is a meritorious form of literary expression, parodists are often subject to allegations of copyright infringement based on substantial appropriation of copyrighted work. The author examines judicial applications of the "fair use" doctrine as codified in the multifactored balancing test of section 107 of the Copyright Act of 1976. The author finds the balancing test to be so vague that courts have virtually unbounded discretion in its application. Indeed, courts have abused their discretion in consistently finding no fair use in sexually-oriented or allegedly obscene parodies. The author concludes that the balancing test must either be applied without …

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Descendible Publicity Rights: California's Grateful Dead, Peter H. Karlen Jan 1985

Descendible Publicity Rights: California's Grateful Dead, Peter H. Karlen

UC Law SF Communications and Entertainment Journal

Publicity rights, the rights to control the use of the name, likeness and photograph of a person, are now descendible by statute. The author examines recent legislation on publicity rights, specifically focusing on how it affects the descendibility of such rights. The author criticizes the legislation and proposes an alternative to what the Legislature has bequeathed to celebrities, their heirs, and the public.

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Note, Developments Under The Freedom Of Information Act—1984, Mary Lafrance Jan 1985

Note, Developments Under The Freedom Of Information Act—1984, Mary Lafrance

Scholarly Works

The eighteenth year of the Freedom of Information Act (FOIA) witnessed a continuation of the trend toward restricting public access to government information. This article discusses the developments under the FOIA in 1984, including legislative developments, administrative developments, and judicial developments.

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Authors' Rights In France: The Moral Right Of The Creator Of A Commissioned Work To Compel The Commissioning Party To Complete The Work, André Françon, Jane C. Ginsburg Jan 1985

Authors' Rights In France: The Moral Right Of The Creator Of A Commissioned Work To Compel The Commissioning Party To Complete The Work, André Françon, Jane C. Ginsburg

Faculty Scholarship

The French law protecting authors' rights incorporates two distinct regimes of rights, "pecuniary" rights, and "moral" rights. As the denomination indicates, pecuniary rights pertain to the author's economic interests, and provide the author a monopoly in the reproduction and public performance of his work. Moral rights safeguard the author's "personality" interest in his work. Despite the appellation "moral" rights, the author's claims under French law to the security of his personality as expressed in his work are not precatory: moral rights entail several distinct and enforceable interests. These are: the right to make the work known to the public "droit …

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Death Of A Salesman's Doctrine : A Critical Look At Trademark Use, Michael Henry Davis Jan 1985

Death Of A Salesman's Doctrine : A Critical Look At Trademark Use, Michael Henry Davis

Law Faculty Articles and Essays

A trademark is a salesman. It does the work of its owner by wearing a smile, by presenting a good image, and in Willy Loman's words, by being well liked. It is, of course, the usual view that the death of the salesman, Willy Loman, was a suicide. Due to the assault upon the requirement of prior trademark use and the growth of a token use doctrine, what happened to Willy Loman has happened to the trademark use doctrine. In the end, it seemed too expensive and it was killed off—partially by its own hand, due to its own internal …

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Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson Jan 1985

Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson

Vanderbilt Journal of Transnational Law

Conflicts in interpretations of section 42 of the Lanham Act and section 526 of the Tariff Act of 1930 have led to divergent results in several federal courts. Although advocates on each side of the controversy present valid arguments supporting their positions, the dispute should be resolved by analyzing the purpose of the Lanham Act and the Tariff Act. The goal of these acts is protection of consumers and United States industry. Strict application of these statutes would achieve this result. Parallel imports provide goods at lower prices but confuse the consumer as to the origin of the goods and …

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State Moral Rights Law And The Federal Copyright System, Sophia Davis Jan 1985

State Moral Rights Law And The Federal Copyright System, Sophia Davis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

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Out Of Unesco And Into Berne: Has United States Participation In The Berne Convention For International Copyright Protection Become Essential?, Leonard D. Duboff, Harvey J. Winter, Lewis Flacks, Michael Keplinger Jan 1985

Out Of Unesco And Into Berne: Has United States Participation In The Berne Convention For International Copyright Protection Become Essential?, Leonard D. Duboff, Harvey J. Winter, Lewis Flacks, Michael Keplinger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack Jan 1985

Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack

Cardozo Law Review

No abstract provided.

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The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker Jan 1985

The Validity Of The Manufacturing Clause Of The United States Copyright Code As Challenged By Trade Partners And Copyright Owners, Annette V. Tucker

Vanderbilt Journal of Transnational Law

Trade treaty partners recently have determined that the manufacturing clause violates United States obligations under the General Agreement on Tariffs and Trade (GATT). If the clause does violate GATT, sanctions may be imposed unless the clause is eliminated. Even so, two bills have been introduced in the United States Congress to make the clause a permanent feature of the copyright law, and to apply the manufacturing requirement to all printed materials. Meanwhile, a group of United States publishers and authors is challenging the clause in court, claiming it violates both the first and fifth amendments to the United States Constitution. …

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