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Full-Text Articles in Law
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing, Mark R. Arbuckle
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing, Mark R. Arbuckle
UC Law SF Communications and Entertainment Journal
There is a fundamental inconsistency in the current political fairness and access rules for U.S. broadcasting. While political candidates enjoy a long-standing right of access to broadcast stations to express their views and attack and answer attacks from opponents, stations have no obligation to be fair to noncandidate citizens who may be personally attacked, nor to make any good-faith effort to present opposing views on controversial public issues. However, this has not always been the case. Under the Fairness Doctrine, in place from 1949 to 1987, broadcasters were expected to present controversial issues of public importance and provide reasonable opportunity …
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing, Jasmine A. Braxton
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing, Jasmine A. Braxton
UC Law SF Communications and Entertainment Journal
This note examines the possibility of a unified transnational licensing system for digital streaming services. The note reviews the development of current streaming services and their individual struggles with domestic copyright law as a barrier to entry to new markets. The note draws a connection between the rise of streaming services and the reduction in piracy in certain regional markets. Finally, the note analyzes previous approaches to multinational licensing and uses these current streaming services in case studies to exemplify how successful a global licensing syndicate would be.
Copyright And Choreography: The Negative Costs Of The Current Framework For Licensing Choreography And A Proposal For An Alternative Licensing Model, Matt Kovac
UC Law SF Communications and Entertainment Journal
Although approaches rooted in copyright law are available, choreographers tend to rely instead on contract law in order to control distribution of their work; choreographers license their ballets to dance companies via contracts which are typically negotiated on an ad hoc basis. This relatively conservative approach allows choreographers to maintain tight artistic control over subsequent reproductions of their ballets, but it comes at a cost to both the dance community and the general public. This conservative approach to distribution means that a choreographic work may be performed infrequently or not at all, and it also forecloses the possibility for transformative …
Blurred Lines - Where Copyright Ends And Cultural Appropriation Begins - The Case Of Robin Thicke Versus Bridgeport Music And The Estate Of Marvin Gaye, Toni Lester
UC Law SF Communications and Entertainment Journal
Were Robin Thicke and Pharrell Williams perpetuating perceptions of misappropriation when they filed their declaratory judgment claim against the estate of Marvin Gaye? Or were they legitimately contributing to the evolving genre of R&B and soul music originated by black greats like Gaye and others? This article will answer these questions by first exploring the extent to which the song "Blurred Lines" constitutes illegal copyright infringement of "Gotta Give It Up" under the U.S. Copyright Act and traditional judicial interpretations thereof. It will then make some predictions about the outcome of the declaratory judgment claim currently under consideration in California.
Pinterest's Secondary Liability: The Dmca Implications Of Holding Pinterest Responsible And What Pinterest Can Do To Avoid Liability, Monica Yun
UC Law SF Communications and Entertainment Journal
This note explores Pinterest's possible liabilities for copyright infringement and what it can possibly do to shield itself from prosecution. Part II will address the basics of Pinterest and how it relates to other social media and online service providers. Part III will delve into the legal background of the Copyright Act of 1976, the Digital Millennium Copyright Act of 1998, secondary liability, the fair use defense, and legislation that has already been proposed to address this issue. Part IV will analyze Pinterest's indirect liability and how it may use the fair use defense. And finally, Part V will propose …
Celebrity Politicians And Publicity Rights In The Age Of Obama, Michael G. Bennett
Celebrity Politicians And Publicity Rights In The Age Of Obama, Michael G. Bennett
UC Law SF Communications and Entertainment Journal
The right of publicity is a relatively marginalized yet increasingly radical form of intellectual property. Typically, celebrities use it to prevent freeloaders from profiting on their fame by making unauthorized use of their image, likeness or signature to make goods or services more attractive to consumers. The right of publicity allows famous individuals to stop this type of behavior by providing a property right in identity or persona. Brandished by celebrities who are also political figures, though, the doctrine can become a powerful means of chilling political speech, and therefore a direct threat to First Amendment free speech rights. The …
Says Who?: The Futility Of Authenticating Art In The Courtroom, Valerie Medelyan
Says Who?: The Futility Of Authenticating Art In The Courtroom, Valerie Medelyan
UC Law SF Communications and Entertainment Journal
In a 1993 case involving the authenticity of a mobile by sculptor Alexander Calder, Judge Louis F. Oberdorfer bitterly conceded that if a prominent art expert testified that a work was a forgery, it would become so in the eyes of the market and its value would be destroyed. However, the judge went on to say, "this is not the market, but a court of law, in which the trier of fact must make a decision based upon a preponderance of the evidence." While acknowledging that the opinion of the more respected expert (that the Calder mobile was a fake) …
Regulating The Unregulable: Finding The Proper Scope For Legislation To Combat Copyright Infringement On The Internet, Melis Atalay
Regulating The Unregulable: Finding The Proper Scope For Legislation To Combat Copyright Infringement On The Internet, Melis Atalay
UC Law SF Communications and Entertainment Journal
This note seeks to critically evaluate the current trend of copyright legislation, and use the response for legislation to hypothesize what sort copyright legislation for the Internet may be successful in the future. The SOPA/PIPA legacy provides evidence for today's legislature that broad reforms will not work. Indeed the reigning in seen in OPEN was a reflection of SOPA/PIPA progeny being responsive to public outcry over SOPA/PIPA. I conclude that OPEN would have been an appropriate balance of constriction and Internet availability. If passed, OPEN would have been a step in the right direction to combat the illegal access and …
A Possibility Of The Korean Wave Renaissance Construction Through K-Pop: Sustainable Development Of The Korean Wave As A Cultural Industry, Yeojin Kim
UC Law SF Communications and Entertainment Journal
In the era of the "digital road," Korean popular music ("K-Pop") has disseminated into every part of the world. In fact, South America, the farthest continent from Korea, goes wild for K-Pop, and the craze moves on to other continents naturally. Without Koreans having to recommend K-Pop, if listeners of K-Pop around the world believe that K-Pop has some charm, they absorb the trend and pass the music on to others. It has now come to the point where government agencies, the press, and entertainment management companies do not need to promote K-Pop because foreigners are consuming K-Pop feverishly on …
Rereading A Canonical Copyright Case: The Nonexistent Right To Hoard In Fox Film Corp. V. Doyal, Shane D. Valenzi
Rereading A Canonical Copyright Case: The Nonexistent Right To Hoard In Fox Film Corp. V. Doyal, Shane D. Valenzi
UC Law SF Communications and Entertainment Journal
Do copyright owners have the right to hoard their creative works? The right to exclude on an individual basis is the keystone of copyright law, yet using copyright protection to prevent all public access to a work runs counter to the very premises upon which copyright law is based. This right to exclude the world from use of a creative work-referred to as the right to "hoard" by Justice O'Connor in Stewart v. Abend, is commonly traced to a Lochner-era tax case: Fox Film Corp. v. Doyal. This article examines the right to hoard and its origins in Fox Film, …
The Fcc And Ancillary Power: What Can It Truly Regulate, Matthew Eller
The Fcc And Ancillary Power: What Can It Truly Regulate, Matthew Eller
UC Law SF Communications and Entertainment Journal
This article will examine the turbulent history of section 629 of the Telecommunications Act, including its adoption and amendments, its claims as to "plug & play" devices, and the effects of the recent EchoStar Satellite LLC v. FFC holding. This article will begin with a brief history of section 629 and its proposed purpose, then discuss the industry's first attempt at industry-wide standards-first with CableCARD technology, then its successor, AllVid technology. This article will then analyze the purpose and history of the FCC's ancillary jurisdiction, the holding in the newly decided EchoStar Satellite LLC v. FCC, and the possible future …
Authorship Atomized: Modeling Ownership In Participatory Media Productions, Elisabeth S. Aultman
Authorship Atomized: Modeling Ownership In Participatory Media Productions, Elisabeth S. Aultman
UC Law SF Communications and Entertainment Journal
The aim of this article is to posit a solution, grounded in legal realism, for the practical issues that arise when copyright law and content monetizers encounter a work (or perhaps more accurately, a series of interdependent works) with an unprecedented number of people who could ostensibly assert authorship over some element of the content.
Bag Men And The Ghost Of Richard Jewell: Some Legal And Ethical Lessons About Implied Defamation, Headlines, And Reporting On Breaking Criminal Activity From Barhoum V. Nyp Holdings, Clay Calvert, Daniel Axelrod, Sarah Papadelias, Linda Riedemann
Bag Men And The Ghost Of Richard Jewell: Some Legal And Ethical Lessons About Implied Defamation, Headlines, And Reporting On Breaking Criminal Activity From Barhoum V. Nyp Holdings, Clay Calvert, Daniel Axelrod, Sarah Papadelias, Linda Riedemann
UC Law SF Communications and Entertainment Journal
This article analyzes and explores the complex issues of libel by implication and defamatory meaning raised in the ongoing libel suit of Barhoum v. NYP Holdings. The case pivots on the New York Post's "BAG MEN" cover that ran on April 18, 2013, and featured a large photo of two men cleared of wrongdoing in connection with the Boston Marathon bombing. This article, which compares and contrasts Barhoum to decisions such as Kaelin v. Globe Communications Corp. and Stanton v. Metro Corp., also examines the possible impact of the New York Post's tiny front-page disclaimer. Furthermore, this article considers how …
Legal And Economic Challenges To The Business Model Of The Television Industry, John B. Meisel
Legal And Economic Challenges To The Business Model Of The Television Industry, John B. Meisel
UC Law SF Communications and Entertainment Journal
Gaining access to content is critically important for entrance into the television industry; this is a necessary input to become a viable competitor against incumbent video industry players. However, incumbents have the ability and incentive to withhold programming that discourages potential competitors from entering the market. Entrants, built up over a long period of time, confront a symbiotic relationship between traditional content providers and incumbent content distributors. Access to video programming or access in the format (i.e., online) that a viewer chooses is in high demand. This demand is evident by an increasing number of legal, technological, economic, and political …
Rethinking Online Privacy Litigation As Google Expands Use Of Tracking: Giving Meaning To Our Online Browsing And The Federal Wiretap Act, Filip Babic
UC Law SF Communications and Entertainment Journal
This note will argue that Google's new privacy policies violate the Wiretap Act as amended by the Electronic Communication Privacy Act. The Wiretap Act provides a cause of action against anyone who "intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication." The Wiretap Act, originally drafted to prevent eavesdropping on telephone conversations, requires interception of the contents of communication and not merely the circumstances surrounding the communication. As Google's practices have made it easier for users to characterize their searches as the "contents of communication," the Wiretap …
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform, Paul Battista
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform, Paul Battista
UC Law SF Communications and Entertainment Journal
"Runaway" film and television production is a public policy issue that has been targeted for reform with the goal of its eradication, a goal that has not been achieved. The discussion has framed the issue as one relating to international trade policy and labor policy, and as a result proposals to eradicate the problem have been focused on these areas. This article takes the position that runaway film and television production is an international tax law issue that should be examined within the framework of U.S. international tax policy. In general, the U.S. international tax laws require reform because they …