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University of Michigan Law School

Entertainment, Arts, and Sports Law

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Constitutional Law - Freedom Of Press - Validity Of Motion Picture Licensing Statute, Dean L. Berry S.Ed. Jan 1959

Constitutional Law - Freedom Of Press - Validity Of Motion Picture Licensing Statute, Dean L. Berry S.Ed.

Michigan Law Review

The distributor of the motion picture "Lady Chatterley's Lover" applied to the Motion Picture Division of the New York State Education Department for a license, required by New York law, for public presentation of the film. The application was denied on the ground the film was "immoral" within the meaning of the licensing statute. On review, the Board of Regents approved this determination, but on appeal the state supreme court reversed the Board. A divided court of appeals reversed the supreme court, holding that the contents of the film met the statutory definition of "immoral." On appeal to the Supreme …

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Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed. Jun 1958

Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed.

Michigan Law Review

Prior to December 1938, Patrick Hamilton wrote an original play entitled "Gaslight" which subsequently was published, performed and protected by copyright in both England and the United States. Loew's acquired exclusive motion picture rights to the play on October 7, 1942, and produced an original feature-length motion picture photoplay of the drama, also entitled "Gaslight." In 1945 Jack Benny sought and received permission to produce a 15-minute parody of the motion picture for his radio program. In 1953, without securing Loew's permission, Benny produced a 15-minute filmed parody of the motion picture for his television program. It was entitled "Autolight" …

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St. John-Stevas: Obscenity And The Law, William B. Lockhart Dec 1957

St. John-Stevas: Obscenity And The Law, William B. Lockhart

Michigan Law Review

A Review of Obscenity and the Law . By Norman St. John-Stevas

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Taxation - Federal Income Tax - Purchase By Network Of Corporation Producing Entertainer's Radio Show As Compensation To Entertainer, Jerome K. Walsh, Jr. Jan 1956

Taxation - Federal Income Tax - Purchase By Network Of Corporation Producing Entertainer's Radio Show As Compensation To Entertainer, Jerome K. Walsh, Jr.

Michigan Law Review

Prior to 1947, Jack Benny produced a complete radio show for his sponsor, American Tobacco Company. In January 1947 Amusement Enterprises was incorporated with Benny taking 60 percent of the stock and the remainder going to three of his business associates. Amusement contracted with American to produce a complete radio show, exclusive of Benny's services, to be broadcast over the NBC network on Sunday evenings. Benny signed a separate contract with American as the star of the show. Under the American-Benny contract American could make no change in the time of the broadcast or the network facilities without Benny's approval. …

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Regulation Of Business - Boxing And Theater Now Within Scope Of The Sherman Act, Norman A. Zilber S.Ed. Nov 1955

Regulation Of Business - Boxing And Theater Now Within Scope Of The Sherman Act, Norman A. Zilber S.Ed.

Michigan Law Review

The United States instituted two civil antitrust actions under section 4 of the Sherman Act claiming that defendants were acting in restraint of trade in their respective fields. Defendant Shubert was engaged in the multistate business of producing, booking, and presenting legitimate theatrical attractions. Defendant International Boxing Club was engaged in the business of promoting professional boxing contests, also on a multistate basis, with an alleged 25 percent of its revenue being derived from the interstate sale of radio, television, and motion picture rights. The district court dismissed both complaints on the authority of Federal Baseball Club v. National League …

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Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed. Jun 1955

Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.

Michigan Law Review

A Chicago municipal ordinance made it unlawful to exhibit any motion picture without first having secured a permit from the Commissioner of Police. The commissioner is required to issue the permit unless he finds the picture "immoral or obscene. . .. " On these grounds he refused to permit exhibition of "The Miracle." Plaintiffs brought suit to have the ordinance declared unconstitutional and to restrain enforcement of the prohibition on the picture. The trial court granted the relief asked. On appeal, held, reversed and remanded to determine if the motion picture is obscene. A prior restraint on the exhibition …

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Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed. Feb 1954

Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed.

Michigan Law Review

The New York Court of Appeals upheld the denial of a license to exhibit the French motion picture "La Ronde'' upon the grounds that it was "immoral'' and "would tend to corrupt morals." Censorship of the picture, which dealt with promiscuous sex relations, was held to be a proper exercise of the police power, since its exhibition would present a clear and present danger to the morals of the community, and the words "immoral" and "tend to corrupt morals" were held sufficiently definite for purposes of due process. In another censorship case, the Supreme Court of Ohio affirmed the rejection …

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Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed. Feb 1954

Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.

Michigan Law Review

The right to a free expression of ideas, without interference from governmental authorities, is inherent in the very nature of a democracy. On the other hand, it is also clear that the greater interests of the state at large will conflict with certain forms of expression, and in such circumstances obviously the former must prevail. It is the purpose of this comment to discuss the constitutional limitations on the governmental suppression of literature on grounds of obscenity.

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Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue Nov 1953

Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue

Michigan Law Review

Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.

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Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review Feb 1940

Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review

Michigan Law Review

Deceased was killed in a boxing match, death being largely the result of aggravated pneumonia, which had been contracted unknowingly two days before the bout. The alien father of the young boxer sought damages, for his son's wrongful death, from one member of the state athletic commission and its chief inspector. The theory of plaintiff's claim was that the officers were individually liable because of breach of their common-law and statutory duties to see that the boxer was given a proper physical examination before the fight. Held, on granting defendant's motion to dismiss, that the law imposed no duty …

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Specific Performance - Injunctions To Enforce Negative Covenants In Contracts For Personal Services, Benjamin H. Dewey Mar 1938

Specific Performance - Injunctions To Enforce Negative Covenants In Contracts For Personal Services, Benjamin H. Dewey

Michigan Law Review

Plaintiff entered into a contract with defendant in which defendant agreed to participate in a boxing match with the then heavyweight champion of the world. The contract also provided that if the defendant won the bout and himself became heavyweight champion he would render his services as a boxer in his first boxing contest thereafter, in defense of his title, under plaintiff's auspices. The contract further provided that defendant was to engage in no other boxing contests in which a decision was rendered prior to such championship bout, without the written consent of the plaintiff. Subsequently, three amendatory contracts were …

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Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr. Nov 1911

Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.

Michigan Law Review

The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute

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Law Of Dramatic Copyright. Ii., Edward S. Rogers Dec 1902

Law Of Dramatic Copyright. Ii., Edward S. Rogers

Michigan Law Review

V. Dramatization of novels. - Continued. - Fortunately, we, in the United States, have had very little trouble in regard to the dramatization of novels. The copyright statute provides that the author of a copyrighted book may reserve the right to dramatize and translate his own work. There is no question, however, that but for this act which creates the additional right of dramatization and translation, the English rule would be in force in this country. The exclusive right of translating "Uncle Tom's Cabin" was denied Mrs. Stowe in Stowe v. Thomas, "decided before the enactment of the statute permitting …

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The Law Of Dramatic Copyright, Edward S. Rogers Nov 1902

The Law Of Dramatic Copyright, Edward S. Rogers

Michigan Law Review

Literary Property at Common Law.--There have been few legal questions so generally and so fully discussed-as that relating to the property of authors in their. writings. Up to 1769, it was generally conceded that authors enjoyed, by virtue of the common law, a perpetual copyright, and copyrights were sold and made the basis of family settlements. In 1769, the great case of Millar v. Taylor, was decided. An action had been brought in 1766 to recover ior the piracy of "Thomson's Seasons," and it was held by a majority of the judges, Lord Mansfield, Mr. Justice Aston and Mr. Justice …

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