Digital Commons Network^™

A Tale Of Two Standards: Antitrust, The Public Interest, And The Television Industry, Edward P. Sangster

UC Law SF Communications and Entertainment Journal

Until recently, competitive advertising practices required by antitrust laws might have interfered with the statutory obligation of broadcasters to program in the public interest. In United States v. National Association of Broadcasters, the court invalidated a television industry trade agreement that helped broadcasters fulfill their public interest requirement. The court held that the antitrust requirement of free competition outweighed the programming requirement. This note examines the court's decision and analyzes its effect on the FCC's recent deregulation of television advertising practices. The author questions the wisdom of deregulating the industry before the FCC has had the opportunity to study advertising …

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky

UC Law SF Communications and Entertainment Journal

In November 1983, the Federal Communications Commission (FCC), in the spirit of deregulation and in response to pressure from broadcasters, changed its policy toward radio and television sponsorship of political debates. Under the old policy, a station could broadcast a debate as a news event and avoid the costs of providing equal time to fringe candidates only if someone else sponsored the debate. Under the new rule, stations can arrange and hold debates in their own studios without any obligation to provide equal time. The author analyzes the potential consequences of the new rule, questioning the propriety of the FCC's …

Who's Watching The Watchdog: Self-Evaluative Privilege And Journalistic Responsibility In Westmoreland V. Cbs, Inc., Paul A. Weiss

UC Law SF Communications and Entertainment Journal

This note explores the self-evaluative privilege and its application to newsgathering media defendants in defamation trials. In Westmoreland v. CBS, Inc., defendant CBS was found to have waived the privilege. The author discusses the possible effects of this ruling and argues that the public interest in fostering responsible journalism should foreclose punishing newsgathering organizations that publicly take responsibility for their mistakes. The author concludes that the privilege, with limitations, should be extended to newsgathering media defendants.

Of And Concerning Real People And Writers Of Fiction, Dan Rose, Charles L. Babcock

UC Law SF Communications and Entertainment Journal

Inevitably, real life experiences are the source of all artistic inspiration. Yet, to draw from this source often leaves the author open to potential allegations of libel; fictional characters created entirely in the author's mind are, in fact, "of and concerning" real people. In this article the authors examine the dilemma presented by real people and writers of fiction. By analyzing the creative process and looking at three recent cases, they argue that the current standard is unduly protective of plaintiffs. Only by requiring proof of malicious use of the fiction device as a subterfuge to defame the plaintiff, the …

Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee

UC Law SF Communications and Entertainment Journal

In recent years the increase in both computer literacy and the availability of computer terminals has led to an increase in computer crime. This note examines the state and federal criminal statutes designed to punish computer crimes, and asserts that these statutes are inadequate to deal with the problem of juvenile "hacking." In order to deter teenage "hacking" and better compensate its victims, the author proposes imposing civil liability on juveniles or their parents as an effective and realistic alternative to criminal prosecution of these juveniles.

The Fcc And Pay Cable: Promoting Diversity On Television, David Coursen

UC Law SF Communications and Entertainment Journal

The FCC's pay cable policy to increase television diversity through deregulation has backfired. One unforeseen problem has been the rise of basic services, which, unlike subscription services, support themselves with advertising revenues. The author argues that the nonregulation of basic services and the harmful growth of vertical integration in the cable industry prevent television diversity and innovative programming.

Two-Way Cable Television And Informational Privacy, Kenneth M. H. Hoff

UC Law SF Communications and Entertainment Journal

The advent of interactive cable television will enable subscribers to avail themselves of various services, including catalog shopping and electronic funds transfers, within their own homes. The author is concerned that this increased convenience may be outweighed by the potential threat to privacy. The system can compile detailed information about subscribers that will be easily accessible to government authorities. The author discusses the inadequacy of present laws to protect the consumer and proposes a Model Act that would establish standards to uphold the privacy of subscribers.

The Plight Of The Personal Manager In California: A Legislative Solution, Gary A. Greenberg

UC Law SF Communications and Entertainment Journal

Personal managers play a critical role in the California entertainment industry, but are not currently regulated by statute. Entertainment unions and licensed talent agencies contend that personal managers perform substantially the same services as talent agents and should be subject to the same regulatory requirements. This note examines the recent legal and administrative rules and the problems these rules create. It discusses possible solutions, concluding with a proposal to amend the Talent Agency Act and create a "Personal Managers Act."

Sports And The Law: A Comprehensive Bibliography Of Law-Related Materials, Five Year Supplement (1979-1984), Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1980-1984), Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1982-1984), Gail F. Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Writing With Light: The Metaphysics Of The Copyright Process In The Betamax Cases, David C. Farmer

UC Law SF Communications and Entertainment Journal

The United States Supreme Court has recently held that the sale of videotape recorders does not constitute contributory infringement of the copyrights of television and motion picture producers. The author analyzes the Betamax cases, arguing that the plaintiffs erred in seeking judicial relief and instead should have attempted to achieve an accommodation with the new technology in the marketplace.

The Applicability Of State Action Doctrine To Private Broadcasters, Ruth Walden

UC Law SF Communications and Entertainment Journal

In light of the "deregulatory fever" currently in vogue in Washington, claims of a first amendment right of access to the broadcasting media are being heard again. Many groups are hoping to use the Constitution

to fill the access gap that would be left by elimination of policies like the fairness doctrine. Before such an approach can succeed, however, the government action requirement of the first amendment must be met; without state action, the first amendment is simply inapplicable. In this article, the author analyzes previous attempts to apply state action doctrine to broadcasters and the judicial responses they engendered. …

Statutory Damages Under The Copyright Act Of 1976, Priscilla Ferch

Loyola University Chicago Law Journal

No abstract provided.

Copyright Protection For Video Games: The Courts In The Pac-Man Maze, Mary Patricia Culler

Cleveland State Law Review

Copyright has proved to be an appropriate form of protection for video games. However, the application of copyright law to protect the audiovisual displays and underlying computer programs of video games has become possible only since the revision of the Copyright Act 7 in 1976. Of further significance, has been the development of the law of copyright in the subject areas of computer programs, games, and characters. However, the nature of copyright law is such that the final determination of the protection to be afforded a given game actually rests on policy grounds rather than on an application of black-letter …

Copyright Protection Of Systems Control Software Stored In Read Only Memory Chips: Into The World Of Gulliver's Travels, Jon O. Webster

Buffalo Law Review

No abstract provided.

Blanket Licensing Of Music Performing Rights: Possible Solutions To The Copyright-Antitrust Conflict, Mary K. Kennedy

Vanderbilt Law Review

This Recent Development compares Buffalo Broadcasting with other blanket licensing decisions and predicts the reversal of Buffalo Broadcasting on appeal. Part II of this Recent Development discusses the organization and operation of the performing rights societies. Part III focuses on the pertinent antitrust principles and the history of antitrust litigation between the performing rights societies and various licensees. Part IV examines recent decisions addressing blanket licenses in which courts have used similar analyses yet reached differing results. Part V analyzes possible solutions to the conflict between antitrust and copyright laws in the blanket licensing context and concludes that resolution of …

Federal Copyright Law In The Computer Era: Protection For The Authors Of Video Games, Jeffrey B. Mahan

Seattle University Law Review

This Comment analyzes both the manner and scope of copyright protection currently afforded computer video games. It then discusses the means available under federal copyright laws to protect the underlying computer program and concludes that the game should be regarded as a unit. The effect of treating the game as a unit of audiovisual and computer elements—as opposed to considering only the audiovisual display—will be to raise certain appropriations to the level of copyright infringement.

The Widening Gyre: Are Derivative Works Getting Out Of Hand?, Ralph S. Brown

Cardozo Arts & Entertainment Law Journal

No abstract provided.

New York Artists' Authorship Rights Act Of 1983: Waiver And Fair Use, Joseph Taubman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Summary Judgment In Copyright: From Cole Porter To Superman, Alan J. Hartnick

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Use Of An Altered Song In Amateur Musical Productions As Copyright Infringement, Cynthia B. Somervill

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bronze Sculptures: Casting Around For Protection, Leonard D. Duboff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz

Articles by Maurer Faculty

No abstract provided.

Likelihood Of Confusion Under The Lanham Act: A Question Of Fact, A Question Of Law, Or Both?, Janet Shiffler Thomas

Kentucky Law Journal

No abstract provided.

Fair Use And New Technology: The Appropriate Standards To Apply, Adrienne J. Marsh

Cardozo Law Review

No abstract provided.

In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer

University of Miami Law Review

One of the improvements in the 1976 Copyright Act was the specific recognition of choreographic works as copyrightable material. The Act's focus on the protection of economic rights, however, fails to address the primary interest of the dance community in the preservation of "moral rights" in a work. The author examines the unique concerns of choreographers, and concludes that it is customary, and not legislative or judicial, law that continues to provide the best protection of choreographers' artistic interests.

Copyright Law, David Goldberg, Jane C. Ginsburg

Faculty Scholarship

In 1983 and 1984 the federal courts continued to interpret the changes in copyright law effectuated by the 1976 Copyright Act. During this period the United States Supreme Court decided its first copyright case since adoption of the 1976 Act. In general, the year's decisions tend to accord expanded copyright protection to authors. Several decisions, however, have provoked or exacerbated uncertainties in a number of areas, including the protection accorded nonfiction works, the "fair use" excuse to copyright infringement, and compliance with the U.S. copyright formality of affixing notice to published copies of a work.

Sony Corporation Of America V. Universal City Studios, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Substantial Similarity Between Video Games: An Old Copyright Problem In A New Medium, Steven G. Mcknight

Vanderbilt Law Review

Courts have faced a variety of imaginative arguments advocating that video games not receive copyright protection but unanimously have rejected them. A more difficult copyright issue for courts has been deciding whether one video game illegally has copied another. Of the cases involving illegal video game copying that courts presently have decided, only Atari, Inc. v. North American Philips Consumer Electric Corp." has found copyright infringement by a video game that was not virtually identical to the original game.

Part II of this Recent Development discusses the requirement in copyright infringement actions that, in proving copying, a defendant's allegedly infringing …