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Full-Text Articles in Law
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
UC Law SF Communications and Entertainment Journal
The issue of whether the one year statute of limitations period mandated by California's Talent Agencies Act really means one year has recently been considered by the California Court of Appeal. In Park v. The Deftones, the court held that the one year limitations period is revived when a manager sues an artist. The same court, in Styne v. Stevens, held that while a lawsuit by a manager revived the statute of limitations, it revived it only for an additional one year period. This paper explores the case of Styne, the scope of the Talent Agencies Act, the jurisdiction of …
Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null
Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null
UC Law SF Communications and Entertainment Journal
Recent attempts by the California legislature to prevent abuses by the paparazzi have spotlighted the conflict between freedom of the press, which is considered essential to the survival of a democratic society, and the personal right of privacy, violation of which has proven harmful. This article compares California's Anti-Paparazzi law with proposed federal legislation. The author suggests an appropriate course of action for promoting the most effective form of federal legislation on the issue.
Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld
Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld
UC Law SF Communications and Entertainment Journal
This note examines the SEC's reaction to initial public offerings (IPOs) on the Internet during the late 1990's, explores benefits and concerns associated with IPOs in the Internet generally, and suggests ways in which the SEC should respond to such Internet IPOs. The author suggests that it is advisable for the SEC, given the likely continued increase in the use of the Internet for investment purposes, to step in and preempt state regulation of Internet IPOs, thereby giving smaller companies an increased opportunity to raise capital.
International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman
International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman
UC Law SF Communications and Entertainment Journal
Copyright owners have become increasingly concerned with online copyright infringement by Internet service providers. As a result, lawmakers have attempted to determine the most appropriate mechanism by which to impose third party liability upon these ISPs. The internet makes it extremely difficult to identify online copyright infringement in general, and unfortunately, the task becomes even more difficult in the international context. This paper suggests that a practical solution to the problem might include creating international procedural guidelines, which would provide copyright owners with viable means to protect their rights. The authors compare international standards for ISP liability for third party …
Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez
Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez
UC Law SF Communications and Entertainment Journal
The extent to which the government should have the ability to regulate "vice" products and activities, such as tobacco, alcohol and gaming, is extremely controversial. This article examines the commercial speech doctrine's "vice" advertising cases from 1986 through 1999 and the Central Hudson analysis. Remarkably, by 1999, the Court appears to have completely reversed its position regarding "vice" advertising, and in fact, it seems to have virtually eliminated the "vice" advertising distinction. As a result, it seems as though equal treatment is required under the First Amendment for all truthful, non-deceptive advertising for lawful products and services. The authors argue …
The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King
The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King
UC Law SF Communications and Entertainment Journal
In an attempt to resolve disputes between domain name registrants and trademark holders in various countries, the Internet Corporation for Assigned Names and Numbers (ICANN) has implemented a policy under which complaints can be lodged and an objective inquiry into the facts for parties can be assessed. This article attempts to examine cases filed to date to determine whether the ICANN Policy and Rules are being effectively used for their intended purpose. The author explores the features of a domain name, the history of the Internet and how the decision to privatize the administration of domain names was made. Also …
Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets
Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets
UC Law SF Communications and Entertainment Journal
Digital technology and innovation acutely impact copyright law. This article describes the delicate balance between incentives for authors and access to creative works under copyright policy and demonstrates how modem trends and congressional action pose a threat to that balance. The author suggests that the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are unconstitutional and that they threaten to undermine the fundamental economic justifications of copyright law. The author concludes that the anticircumvention measures are also poor public policy because the threat that they pose to competition and innovation are contrary to the expanding technological marketplace.
Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan
Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan
UC Law SF Communications and Entertainment Journal
In National Basketball Association v. Motorola, Inc., the Second Circuit found that the results of a professional sporting event may be appropriated by a commercial pager company and a commercial online service without infringing upon any right of the leagues or the teams. Additionally, the court said that a state could not legislate to protect facts, which remain exempt from federal copyright protection, unless those facts can be considered to be "hot news." This paper suggests that the Second Circuit's holding in Motorola is out of sync with the economic world within which the sports industry operates and that it …
Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan
Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan
UC Law SF Communications and Entertainment Journal
The policies underlying the creation and exploitation of intangible intellectual property differ sharply from those for manufacture and sale of tangible goods. Intellectual property law seeks to protect the creditor's ability to benefit by his endeavors; in contrast, laws governing tangible goods are concerned with the transferability and availability of such goods in the interest of efficiency. This paper argues that current laws, such as the recent revision of Article 9 of the Uniform Commercial Code ("Revised 9"), ignores the concept that effective financing of intellectual property could and should operate in conjunction with state personal property financing laws. The …
Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth
Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth
UC Law SF Communications and Entertainment Journal
This article examines the temporal remoteness aspect of copyright law's subconscious copying doctrine. Under this doctrine, copyright infringement defendants can be held liable for infringement, even if they believe that they independently created their work, if the defendants had access to the copyrighted work, the works are practically identical, and the degree of temporal remoteness - the time between access and subsequent creation of the infringing work - was low. The author analyzes the evolution of the subconscious copying doctrine from its inception in Fred Fisher, Inc. v. Dillingham to its recent interpretation by the Ninth Circuit in Three Boys …
Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell
Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell
UC Law SF Communications and Entertainment Journal
Libraries have been presented with the perplexing problem of whether or not they should be required, or whether they are even allowed, to filter users' access (specifically children's access) to obscene and/or pornographic materials on the Internet. Such access could cause the public to accuse libraries of providing and tolerating obscenity. This note explores the potential chaos that open access to obscene and pornographic material on the internet may bring to the definition of community standards and the hoops that modem e-pornographers must jump through. The author discusses the basics of First Amendment law, analyzes the flaws in these doctrines …
New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate
New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate
UC Law SF Communications and Entertainment Journal
The distribution of films, specifically independent films, over the Internet often violates the distribution rights of multiterritorially distributed films created before Internet distribution was foreseeable. This article explores the history and development of Internet-distributed entertainment, what Internet distribution means to the independent film industry, how new technology clauses have been interpreted and why Internet distribution requires a fresh construction of these clauses, as well as the role technology plays in preventing problems with Internet distribution. The author poses an equitable solution to make Internet distribution possible and lucrative for all parties under United States and international copyright laws.
The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett
The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett
Faculty Scholarship
No abstract provided.
State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva
State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva
UC Law SF Communications and Entertainment Journal
Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, court reports or administrative compilations. The author reviews the …
Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton
Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton
UC Law SF Communications and Entertainment Journal
In response to a vast concern about the widespread availability of pornographic materials on the Internet, the United States legislature passed the Communications Decency Act of 1996. Just prior to this legislation, the Australian government began investigating possible regulatory schemes for online content, culminating in the Broadcasting Services Amendment of 1999, which attempted to address the presence of pornographic material on the Internet. This article discusses, compares and analyzes the American and Australian systems of content regulation on the Internet and the effect that such legislation has had on content hosts.
Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi
Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi
UC Law SF Communications and Entertainment Journal
Although Japanese courts, specifically the Japanese Supreme Court in February of 1999, have taken recent steps to curtail insider trading in Japan, the spread of the Internet and new forms of communication technologies may make enforcement of insider trading regulations much more complex. Such activities have become increasingly difficult to detect, and for instance, there are many cases in the United States illustrating the possibility of abuse of the new technologies to promote securities crimes on the Internet. This Note explores the impact of new technologies on the insider trading problem in Japan. It presents the historical problems of insider …
Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan
Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan
UC Law SF Communications and Entertainment Journal
The information industries have become the center of national growth and opportunity. In the new information economy, intellectual property financing has assumed growing importance. This article suggests that area in urgent need of restructuring is secured financing law. Article 9 and the Revised Article 9 of the Uniform Commercial Code are incapable of effectively financing intellectual property. This article provides a summary of how intellectual property financing works and why it is more efficient to utilize the federal information statute. Additionally, this article provides a detailed description on the law governing the financing of intellectual property. The author argues that …
Claim Construction Must Be Reexamined - As A Matter Of Fact, Pitney Bowes Undermines Markman, Chelsea Mcginity Bonini
Claim Construction Must Be Reexamined - As A Matter Of Fact, Pitney Bowes Undermines Markman, Chelsea Mcginity Bonini
UC Law SF Communications and Entertainment Journal
The question of whether claims construction in patent infringement cases should be decided by the judge or jury has been a matter of contention. This note examines the backdrop against which the United States Supreme Court deemed claim construction to be a matter of law solely for district court judges in Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. and Altheon Enterprises, Inc. The author asserts that Pitney Bowes, Inc. v. Hewlett-Packard Co., a recent Federal Circuit case, undermines the holding in Markman. The author argues that in light of the recent Pitney case, the United States Supreme Court …