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Full-Text Articles in Law

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi Jun 1994

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi

Federal Communications Law Journal

The Cable Act of 1992 required, for the first time, that cable systems receive the consent of broadcast stations to retransmit their signals. While the fees that some stations had hoped to extract from the cable systems have generally not materialized, broadcasters may be able to use their expertise in the provision of local news and programming to gain additional cable channel space for this local-interest programming. The Author explores the historical interaction and conflict between cable systems and local broadcasters over retransmission rights. The Author also examines the courts' and FCC's responses to the copyright issues surrounding retransmission. Focusing …


Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham Mar 1994

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.


Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets Mar 1994

Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets

Federal Communications Law Journal

The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …


The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall Jan 1994

The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall

Indiana Law Journal

No abstract provided.


Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer Jan 1994

Engineering Competitive Policy And Copyright Misuse, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


Character Merchandising In The U.K., A Nostalgic Look, Marshall A. Leaffer Jan 1994

Character Merchandising In The U.K., A Nostalgic Look, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


Unmasking Structural Equivalency: The Intersection Of § 112, ¶ 6 Equivalents And The Doctrine Of Equivalents, Mark D. Janis Jan 1994

Unmasking Structural Equivalency: The Intersection Of § 112, ¶ 6 Equivalents And The Doctrine Of Equivalents, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.