Law Commons^™

Letters Of Welcome, Evan Bayh

Federal Communications Law Journal

No abstract provided.

Letters Of Welcome, Bill Clinton

Federal Communications Law Journal

No abstract provided.

Editor's Note, Thomas E. Deer

Federal Communications Law Journal

No abstract provided.

Article Digest

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …

Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey

Federal Communications Law Journal

No abstract provided.

Masthead Vol.46 No.1 (1993)

Federal Communications Law Journal

No abstract provided.

Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall

Federal Communications Law Journal

Perhaps the most significant changes resulting from the Cable Television Consumer Protection and Competition Act of 1992 will be those affecting equipment on subscriber's premises. The 1992 Cable Act differentiates cable equipment and cable services. The Author discusses the framework of the equipment provisions of the Cable Act, specifically regarding cable equipment rates, cable home wiring, and consumer electronics compatibility. He relates the history of the customer-premises (CPE) unbundling through the Computer II decision and post-Computer II developments, then proposes that the FCC could apply its CPE precedents to cable equipment.

Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett

Federal Communications Law Journal

The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …

The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley

Federal Communications Law Journal

Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …

The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …

Reinventing Rate Regulation, Nicholas W. Allard

Federal Communications Law Journal

One of the fundamental purposes of the 1992 Cable Act was to bring about a reduction in consumer cable prices by eliminating the ability of cable companies to charge monopoly rates. While the goal may have been to decrease rates, complaints have poured into Congress claiming that since the passage of the Act, rates have actually increased. The Author explores the Act's goal of reintroducing effective competition while reregulating cable rates in the interim. He examines the details of the regulation and concludes by discussing the options that should be considered by Congress and the FCC when reevaluating the 1992 …

The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel

Federal Communications Law Journal

The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Faculty Publications

No abstract provided.

Telecommunications Competition In Florida: A Look At House Bill 1531, Marc W. Dunbar

Florida State University Law Review

No abstract provided.

Communications Policy Making, Competition, And The Public Interest: The New Dialogue, Fred H. Cate

Indiana Law Journal

No abstract provided.

Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner

University of Michigan Journal of Law Reform

This Note examines reporters' claims to a First Amendment reporter-source privilege in light of First Amendment doctrine as a whole. Part I briefly explains the current state of reporter-source privileges and the policies behind them. Part II then attempts to identify doctrinal support for the press's claim to a First Amendment privilege. Part II rejects the notion that the First Amendment affords special protection to the press as an institution. A reporter's status as a member of the institutional media is not irrelevant, however, and the well-established principle that the government may not target or single out the press for …

Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump

University of Michigan Journal of Law Reform

This Note examines the ineffective protections against predatory pricing by AT&T contained in the price cap scheme. Part I outlines price cap regulation and explains how the FCC hopes that a test based on the average variable cost standard will detect predatory pricing. Part II argues that the FCC erred in adopting an average variable cost standard as the test for telecommunications predation because that standard ignores the high fixed costs common to all firms in the industry. Part II demonstrates that AT&T could engage in predatory pricing despite the protections contained in the regulatory scheme. Part II then examines …

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes

Remarks: Annual Banquet Of The University Of Pennsylvania Law Review, Roger J. Miner '56

Law Review Addresses

No abstract provided.

The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter

UC Law SF Communications and Entertainment Journal

In Sega v. Accolade, a case involving the legality of reverse engineering of computer software, the Ninth Circuit resolved copyright and trademark issues of first impression. The decision is of great significance for its legal analysis of the fair use doctrine and policies underlying the trademark law. This article provides background information useful to understanding Accolade from a technical and legal perspective. The authors conclude that the decision is consistent with the recent trend among the courts to limit the use of intellectual property laws to stifle competition.

Copyright Registration For Computer Programs And Screen Displays, Nancy H. Lawrence

UC Law SF Communications and Entertainment Journal

This article summarizes the practices of the U.S. Copyright Office for registration of copyright claims in computer programs and screen displays, and touches on some of the new software developments that raise issues relevant to registration.

California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl

UC Law SF Communications and Entertainment Journal

The author of this article was Program Chair of the Art Law Section meeting at the 1993 annual convention of the Association of American Law Schools. In the article, he briefly reviews state and federal legislative enactments that have affected the visual arts. The author then summarizes the presentations of each of the panelists at the Art Law Section meeting. Finally, the author offers his own comments on the Resale Royalty Report that was prepared by the Copyright Office and submitted to Congress in December 1992.

Droit De Suit: The Artist's Right To A Resale Royalty, Marilyn J. Krestinger

UC Law SF Communications and Entertainment Journal

This article discusses an artist's right to participate in the profits or royalties from the resale or use a work. It briefly traces the right to its European roots, notes the current countries that have an effective resale royalty, and then discusses the status of the right in the United States, summing up the recent report of the U.S. Copyright Office to Congress. The article concludes that if the European Community harmonizes existing droit de suite laws within the Community, then the United States may move in that direction.

California Arts Legislation Goes Federal, Richard Mayer

UC Law SF Communications and Entertainment Journal

The author provides a unique perspective from which to view moral rights and resale royalty legislation-that of an artist. His article relates his personal insights into the inception and enactment of the California Resale Royalties Act, the California Art Preservation Act, and VARA. In doing so, he also explores the issues surrounding resale royalties and moral rights.

Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown

UC Law SF Communications and Entertainment Journal

VARA is the first federal legislation allowing American artists to protect their works' integrity and to be recognized as authors despite the continuing sale or other transfer of their art. Such privileges, known as "moral rights," have been an integral part of European law for over a century, and have been incorporated into many American states' laws within recent years. With the passage of VARA, the moral rights laws of many states became redundant. This note attempts to determine the extent to which VARA preempts state laws, focusing on the New York, California, and Massachusetts statutes.

Home Audio Taping Of Copyrighted Works And The Audio Home Recording Act Of 1992: A Critical Analysis, Joel L. Mckuin

UC Law SF Communications and Entertainment Journal

This Article focuses on the inadequate protection afforded music creators from unauthorized noncommercial home taping of sound recordings. The widespread practice of unauthorized home taping has harmed both the recording industry and society. In an attempt to rectify the problem, Congress enacted the Audio Home Recording Act of 1992 (AHRA). The author argues, however, that AHRA provides record producers with insufficient protection from home copying. This Article addresses the shortcomings of AHRA: (1) the lack of royalties for analog home taping and (2) the lack of performance rights in sound recordings for copyright owners and music performers. It further indicates …

International Film Co-Production Tax And Subsidy Mechanisms, Margaret Moore

UC Law SF Communications and Entertainment Journal

International co-production agreements allow two or more countries to jointly produce films and television programming, thereby gaining tax incentives and national production subsidies. Co-production arrangements have resulted in films such as The Crying Game, Damage, and Prospero's Books.

This Article discusses current international co-production issues from the American producer's perspective. The Article is an exercise in global comparison, culminating in a discussion of the Council of Europe's proposal to standardize co-production rules and arrangements.

The High Cost Of Convenience: Antitrust Law Violations In The Computerized Ticketing Services Industry, Kevin E. Stern

UC Law SF Communications and Entertainment Journal

The advent of computerized ticketing has made the purchase of entertainment tickets more convenient for consumers-but often at a steep cost. Are ever-increasing ticketing service charges the result of antitrust violations or other unlawful business practices as consumers have charged? This Note examines recent class action antitrust lawsuits against the dominant California computerized ticket agencies, entertainment venues and promoters. It summarizes and analyzes the relevant California statutes and case law at issue and concludes there is merit to some, but not all, of the plaintiffs' claims.

Researching The Right Of Publicity: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Software Look And Feel Protection In The 1990s, Jack Russo, Jamie Nafziger

UC Law SF Communications and Entertainment Journal

This article reviews the historical development of "look and feel" copyright protection of computer software, including discussion of decisions favoring broad protection, decisions favoring competitive principles, and decisions taking an analytic approach to software copyright protection. The article also analyzes recent U.S. Supreme Court decisions to explore how the Court may decide the computer software "look and feel" issues, including consideration of how Lanham Act trade dress protection might be applied to protect computer software visual displays.