Law Commons^™

The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington

UC Law SF Communications and Entertainment Journal

In 1982, the United States District Court for the District of Columbia rendered its decision in United States v. AT&T, ordering the divestiture of AT&T as delineated in the Modified Final Judgment (MFJ) appended thereto. The divested Regional Bell Operating Companies are now seeking legislation which would effectively place enforcement of the MFJ into the hands of the Federal Communications Commission. The author examines the need for line-of-business restrictions, the constitutionality of the proposed transfer legislation, and the dangers to competition if such legislation is enacted. The author argues that enforcement of the line-of-business restrictions is necessary to promote fair …

The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

The struggle between motion picture exhibitors and distributors has resulted in continually changing business practices within the film industry. In particular, state anti-blind bidding statutes have changed the way film distribution is handled in the United States. The author traces the history of film licensing and concludes that anti-blind bidding legislation was unwarranted and has damaged the smaller, independent exhibitors and distributors.

The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter

UC Law SF Communications and Entertainment Journal

On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then divided among seven Regional Bell Operating Companies (RBOCs). The authors contend that the divestiture of AT&T and the Modification of Final Judgment (MFJ) appended thereto have created an anticompetitive marketplace through the imposition of line-of-business restrictions which in effect prevent the RBOCs from competing with AT&T. Moreover, the MFJ disregarded contemporaneous pro-competitive regulatory developments propagated by the Federal Communications Commission (FCC) which undercut the factual premises underpinning the line-of-business restrictions. The authors argue that the MFJ vests in the Department of Justice and the United …

Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger

UC Law SF Communications and Entertainment Journal

In Apple Computer Co. v. Franklin Computer, Inc., 714 F.2d 1240 (3d Cir. 1983), the United States Court of Appeals held that computer programs expressed in object code are copyrightable. Given the indecipherable nature of object code, courts are now faced with the difficult problem of determining when such copying has occurred. The author analyzes one trial court's approach to this problem found in SAS Institute, Inc. v. S&H Computer Systems, 605 F. Supp. 816 (M.D. Tenn. 1985). The author criticizes the court's method, arguing that its approach relies too heavily on competing expert testimony, and may extend to copyright …

The Changing Nature Of Communications Law Practice, Stuart N. Brotman

UC Law SF Communications and Entertainment Journal

This article discusses the evolution of communications law practice over the past fifty years. The initial phase of communications law practice emphasized the lawyer's skill in administrative adjudications. In the second phase, the practitioner's focus shifted to the quasi-legislative activities found in the informal rulemaking process. Appellate litigation initiated by public-interest advocates during the 1960s marked another significant shift of focus from the Federal Communications Commission to the courts. Finally, the present and future course of communications deregulation represents yet another dramatic change in practice, emphasizing business negotiation skills as well as traditional modes of advocacy. The author chronicles these …

Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel

UC Law SF Communications and Entertainment Journal

When confronted with regulations which permit others to have access to their media, cable television system owners, among others, have challenged such rules as abridging their first amendment right to editorial freedom. The author analyzes this defense by examining exactly what editorial freedom is, and why it is protected. He argues that editorial freedom is best understood as the right of consumers to receive information effectively, and thus to employ editors to provide so called editorial functions. After noting that these services are analogous to those generally provided by retailers, the author discusses the editorial functions performed by cable operators. …

Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

Until the 1940s, motion pictures were almost always received, filmed, and shown in black-and-white. Recently, several companies have begun to mechanically add color to these old and often classic films. This process, known as colorization or color-recoding, has motion picture artists enraged. These filmmakers believe that no one should have the right to alter a completed work of art. The author reviews the background of this controversy, surveys several possible legal causes of action which filmmakers may use to protect their black-and-white films, and concludes that directors and other film artists are not powerless and can successfully use existing laws …

Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit

UC Law SF Communications and Entertainment Journal

The European doctrine of droit moral, known as moral rights in the United States, has not, per se, been integrated into the American legal system. The author examines the development of the law of unfair competition as a remedy for artists seeking to protect the moral rights of paternity and integrity. The author asserts that section 43(a) of the Trademark Act of 1946 (Lanham Act) has been interpreted by courts as an effective remedy for artists' paternity interests. However, regardless of the holding in Gilliam v. American Broadcasting Companies, the author finds section 43(a) as unreliable to provide redress for …

When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton

UC Law SF Communications and Entertainment Journal

The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …

Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus

UC Law SF Communications and Entertainment Journal

Citizens groups and both federal and state governments have recently expressed concern over the offensive content of some modern popular music. The author examines the potential for suppression of broadcast popular music by the Federal Communications Commission. The author concludes that, by virtue of the Communications Act of 1934, the Supreme Court's decision in FCC v. Paciica Foundation, 438 U.S. 726 (1978) and the federal judiciary's general failure to rigorously scrutinize FCC content regulatory initiatives, the FCC enjoys a degree of power over the content of broadcasting that is abhorrent to the first amendment. The author opines that regulation of …

False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer

UC Law SF Communications and Entertainment Journal

In Time, Inc. v. Hill, 1967, the U.S. Supreme Court held that proof of actual malice was required for a plaintiff to prevail in a false light invasion of privacy suit resulting from publication of a matter of public interest. Seven years later in Gertz v. Robert Welch, Inc., the Court repudiated the matter-of-public interest standard in defamation actions in favor of a standard focusing on the status ofthe plaintiff. Courts and commentators began speculating on whether the Court in Gertz had, in effect, overturned Hill sub silentio. Analysis of more than forty false light opinions handed down since Gertz …

Law And Fact In Patent Litigation: Form Versus Function, Thomas G. Field Jr

Law Faculty Scholarship

Recently, the Supreme Court sent Dennison Mfg. v. Panduit Corp. back to the Court of Appeals for the Federal Circuit (CAFC). It remanded with explicit directions that the lower court consider the extent to which Rule 52(a) governs appellate review of determinations of obviousness.

It is by no means certain that obviousness determinations should be treated as questions of law. Nevertheless, there is ample evidence that courts seek to review findings of obviousness (or nonobviousness) more intensely than would be appropriate under the "clearly erroneous" or "substantial evidence" standards. If the courts are inclined to persist in more intense review …

Copyright Law And Integrated Circuit Protection: When The Chips Are Down, 6 Computer L.J. 543 (1985), Michael D. Stokes

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Litigating Computer Trade Secrets In California, 6 Computer L.J. 485 (1985), George S. Burns

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Copyrightability Of Object Code And Rom In Japan, Australia, And Germany: Surpassing Traditional Copyright Limits, 6 Computer L.J. 513 (1985), Noah J. Gordon

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Requiring An Election Of Protection For Patentable/Copyrightable Computer Programs, 6 Computer L.J. 607 (1985), Michael J. Kline

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Semiconductor Chip Protection Act Of 1984: Is Copyright Protection For Utilitarian Articles Desirable?, 7 Computer L.J. 129 (1986), Theodore Shih

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

17 U.S.C. § 117: Is The Amendment To The Copyright Act Adequate To Regulate The Computer Software Market?, 7 Computer L.J. 227 (1986), Robin Michael

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Chip Off The Old Block: Copyright Law And The Semiconductor Chip Protection Act, 7 Computer L.J. 245 (1986), Frederic M. Wilf

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer

UC Law SF Communications and Entertainment Journal

Since its advent, cable television has confused legislatures, courts, and commentators who have grappled with which first amendment regulatory model to apply to the medium-that of print, broadcast, or some hybrid of both. Preferred Communications, Inc. v. Los Angeles provides an opportunity to reduce the confusion. This commentary reviews the developmental and regulatory history of cable, discusses the background of the case, analyzes the United States Court of Appeals for the Ninth Circuit's opinion, and comments on the United States Supreme Court's opinion. Although the Supreme Court stopped short of endorsing a particular first amendment regulatory model, the author argues …

Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg

Penn State International Law Review (1982 - 2011)

This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliament as indicated in the Revision of Copyright Subcommittee Report of October 1985 and is useful to an examination of United States copyright principles and the international role of the United States in copyright.

This author's conclusion is that compulsory license for simultaneous rediffusion of broadcast signals is a …

The Enduring Contributions Of Professor Nimmer, J. H. Reichman

Faculty Scholarship

No abstract provided.

The Future Of Design Protection In The United States: An Analysis Of The Proposed Domestic System In View Of Recent Developments In The United Kingdom, New Zealand, And Australia, 20 J. Marshall L. Rev. 261 (1986), Brett S. Sylvester

UIC Law Review

No abstract provided.

Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters

Northwestern Journal of International Law & Business

The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …

Grey Market Imports: A Genuine Problem For The United States Trademark Owner, Customs Service, And Courts, Barbara A. Curry

Northwestern Journal of International Law & Business

Each year billions of dollars worth of goods are produced by foreign manufacturers and legitimately sold abroad under a particular trademark and are then imported into the United States and sold without permission from the foreign manufacturers or the authorized United States distributors of these goods. When imported into this country, these foreign goods are sold in competition with goods of the owners of the United States trademark rights in the identical foreign marks. Such goods have come to be known as "grey market" imports. These goods are not counterfeit products, which are often called "black market" goods; rather, they …

Harper & Row, Publishers, Inc. V. Nation Enterprises: Pirating Unpublished Copyrighted Works: Does The Fair Use Doctrine Vindicate First Amendment Rights, 19 J. Marshall L. Rev. 501 (1986), Stacy Daniels

UIC Law Review

No abstract provided.

Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen

UC Law SF Communications and Entertainment Journal

What restrictions confront entertainment attorneys who become so involved in the affairs of their clients that they either inadvertently or purposely cross the line between personal representation and the functions of a talent agent or personal manager? Artists need protection in the marketplace. Attorneys want to provide such protection but, given current industry practices, they are at a disadvantage to do so. The author explores-the existing statutory, artists' union, and professional responsibility restraints and determines that the time may have come to change the rules. In conclusion, the author suggests alternative measures to alleviate the problem.

Deregulation And The Market Failure In Minority Programming: The Socioeconomic Dimensions Of Broadcast Reform, Kurt A. Wimmer

UC Law SF Communications and Entertainment Journal

While television viewing by minorities is increasing dramatically, the medium is becoming less responsive to their needs. The author postulates that the government's traditional regulatory concern for the rights and perspectives of minorities is being outweighed by a deregulatory trend in television. He notes that the Federal Communications Commission is increasingly permitting the marketplace to shape programming choices-minorities, however, are least able to influence programming through the marketplace. The author uses empirical and theoretical evidence to examine whether an unregulated marketplace would provide minority-responsive programming. He concludes by recommending market mechanisms, such as tax incentives for minority-responsive programming, to facilitate …

The Interpretation Of Means Expressions During Prosecution, R. Carl Moy

Faculty Scholarship

This article briefly explains how the scope of a claim including a means expression is determined both under the PTO view and a strict application of the statutory language. The lack of consensus and current state of the law in the area are illustrated through an analysis of several recent decisions of the Federal Circuit. The policies underlying the PTO and statutory methods of interpreting means expressions during prosecution are examined in an effort to demonstrate that the statutory method more effectively furthers the policies underlying the patent system.