Law Commons^™

Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer

UC Law SF Communications and Entertainment Journal

The author takes a careful look at the new Copyright Revision Act of 1976 from the perspective of writers and publishers of music. While finding much that is beneficial, the author concludes that further revision of the Copyright Act is necessary to fully protect performing artists.

Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell

UC Law SF Communications and Entertainment Journal

The author discusses the impact of the Farr and Fresno Four decisions on the California Newsmen's Shield Law, Evidence Code § 1070. First the author discusses the history of shield laws, tracing the competing concerns with the newsman's "right to know" and the fair administration' of justice. He uses this background as a means of analyzing the meaning and scope of § 1070. Then the author turns'to the specific decisions in Farr and the Fresno Four, analyzing their impact on the shield law. He concludes with a look at the proposed constitutional amendment to reverse the results in the two …

Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio

UC Law SF Communications and Entertainment Journal

The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.

The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton

UC Law SF Communications and Entertainment Journal

With the passage of the Tax Reform Act of 1976, Congress severely restricted many of the tax advantages that came with the ownership of a professional sports franchise. The authors analyze in detail the effect of the new law, first discussing the benefits that had existed under prior law, then describing the method in which the Act changed the "rules of the game," and conclude with an indication of some tax planning for the future.

Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish

UC Law SF Communications and Entertainment Journal

Daniel Schorr, a journalist long respected for his perceptivity and integrity, was recently the center of controversy when he made possible the publication of government documents not intended for public release. He discusses the continuing controversy between the public's right to know and the sixth amendment guarantee of the right to a fair trial, concluding that the courts have not adequately protected first amendment freedoms. Jesse Choper, noted constitutional scholar and author responds, illustrating case law highly protective of the freedom of the press. The authors agree that in special situations the public's right to know outbalances the right to …

The Emergence Of Art Law, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.

Fair Use And Home Videotape Copying Of Television Broadcasts, James E. Reed

Seattle University Law Review

This comment discusses home videotape recording under both the 1909 Copyright Act and the new copyright law which becomes effective January 1, 1978. Because home videotaping violates the copyright holder's exclusive rights to transcribe or copy the copyrighted program, the comment focuses on the application of the fair use doctrine to home recording of television programs. If home videotape recording is not a fair use, individuals recording copyrighted television programs are liable for copyright infringement; yet, because private copying is difficult to detect, it may be impossible for copyright holders to protect themselves from this private copying. The comment, therefore, …

The Unfairness Doctrine - Balance And Response Over The Airwaves, Steven J. Simmons

UC Law SF Communications and Entertainment Journal

The "fairness doctrine" requires broadcast licensees to devote a reasonable percentage of their programming to controversial issues of public importance, and to present contrasting viewpoints when such issues are aired. The author concentrates on the requirement to present contrasting viewpoints, discussing the case law and policy guidelines that have emerged and concluding that in its present form the doctrine operates unfairly to both viewers and broadcasters. He suggests specific proposals for improvement.

The Equal Opportunities And Fairness Doctrines In Broadcasting: Should They Be Retained, Roscoe L. Barrow

UC Law SF Communications and Entertainment Journal

The author recently testified in the current hearings conducted by the U.S. House Subcommittee on Communications in which repeal of the Equal Opportunities and Fairness Doctrines is being considered. In this article the author discusses the constitutional bases of these doctrines, the governmental action issue in the event of their repeal, and whether the Fairness Doctrine inhibits broadcast journalism. He suggests a differential equality of access solution to the present problem of application of the Equal Opportunities Doctrine and argues that the need of the people to know should continue to be a right through the Fairness Doctrine.

Copyright Protection For Computer Programs Under The 1976 Copyright Act, Louis Peter Pataki Jr.

Indiana Law Journal

No abstract provided.

Relevant Market Paradox - Attempted And Completed Patent Fraud Monopolization, Martin J. Adelman

Law Faculty Research Publications

No abstract provided.

The 1976 Copyright Act: Advances For The Creator, I. Fred Koenigsberg

Cleveland State Law Review

The 1976 Copyright Act represents a major advance for the creator. This is not to say that every provision is favorable to the creator. The new law is extremely complex, and the effects of many of its provisions are even now the subject of debate. The improvements of the new law over the 1909 Copyright Act are of such significance, however, as to justify its characterization by the Register of Copyrights as "an author's bill." This paper, based upon a panel discussion of the new law held at the Volunteer Lawyers for the Arts National Art Law Conference on December …

The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.

Cleveland State Law Review

We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …

Patent Law Reform And The Expansion Of Provisions Relating To Licensing, Theodore L. Bowes

Loyola University Chicago Law Journal

No abstract provided.

Recent Decisions, Robert S. Patterson, George M. Taylor, Iii

Vanderbilt Journal of Transnational Law

The instant decision is an evolutionary step in the development of extraterritorial antitrust but it falls short of establishing a workable standard. What the decision does point out is that the courts lack the experience and expertise necessary to deal effectively with the application of antitrust laws abroad. This inexperience will further erode the consistent application of United States antitrust laws abroad as the courts begin to hear cases involving less obvious offenses and less significant effects on United States commerce." If, as Sabbatino suggests,' the primary competency of the Executive in foreign affairs is to be the major factor …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures

Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries

Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period

2. CUSTOMS

Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations

Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing …

New Copyright Act & Cable Television: A Signal Of Change, Michael Botein

Articles & Chapters

No abstract provided.

About The Compilers, E. Fulton Brylawski

Legislative History – Copyright Act of 1909

No abstract provided.

Subject Index, E. Fulton Brylawski, Abe Goldman

Legislative History – Copyright Act of 1909

No abstract provided.

Editors' Note, E. Fulton Brylawski

Legislative History – Copyright Act of 1909

No abstract provided.

Preface By Benjamin Rudd, Benjamin Rudd

Legislative History – Copyright Act of 1909

No abstract provided.

Sources Of Prior Art In Patent Law, Donald S. Chisum

Washington Law Review

The question of what is prior art involves at least four different dimensions. The first is the dimension of time. When does art become "prior"? When, if ever, is it too old and forgotten to be considered prior art? The second is the dimension of place. The patent statutes make both United States and foreign patents and publications prior art, but limit knowledge, use, and invention to "in this country." When is something "in this country," and why is this distinction made? The third is the dimension of scope. What is the pertinent art to which the invention pertains? How …

Private Copyright And Public Communication: Free Speech Endangered, Lyman R. Patterson

Vanderbilt Law Review

Copyright as it has developed is essentially a private copyright for private communications made public for profit. Theoretically,the right to copyright is derived from the act of creation, and the choice of making his creations public is that of the author. As the copyright clause makes clear, the purpose of the private monopoly of copyright is to encourage the author to make his creations available for public learning. Television, on the other hand, is primarily a medium of public communication that has as a major function the transmission of public information to the public. To apply the present law of …

Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti

Buffalo Law Review

No abstract provided.

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review (1956 - )

No abstract provided.

The Patentee's Gains From Royalty Differentiation Under Exclusive Territorial Licensing, William G. Snead

University of Michigan Journal of Law Reform

Royalty differentiation under exclusive territorial grants is a device which a patent owner, given proper conditions, can use to maximize his profits from licensing the patent rights to an invention. The patentee creates exclusive territories by granting only one license per territory, and then sets different royalties for each territory in accordance with the differing price elasticities of demand for the patented end product. Commentators have taken various stands on how the interests of the patentee and the public should be balanced in determining the desirability of permitting such exclusive territorial grants. One analysis purports to show that permitting a …

Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

The Antibiotics Class Actions, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Further Unraveling Of Sears-Compco: Of Patches, Paladin And Laurel & (And) Hardy, Charles A. Laff, Larry L. Saret

Loyola University Chicago Law Journal

No abstract provided.

Pitfalls Of Foreign Patent Filing, Michael K. Bosworth

Loyola University Chicago Law Journal

No abstract provided.