Law Commons^™

Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo

UC Law SF Communications and Entertainment Journal

Nonprofit organizations are increasingly relying on the internet as a fundraising tool. This note provides an overview of tax issues affecting online fundraising and suggests certain tax planning strategies to avoid the Unrelated Business Income Tax (UBIT) rules in anticipation of the possible position that the U.S. Treasury and the Internal Revenue Service may take in the future regarding online fundraising.

From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson

Indiana Law Journal

No abstract provided.

Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

One Trip To The Dentist Is Enough: Reasons To Strengthen Intellectual Property Rights Through The Free Trade Area Of The Americas, Owen Lippert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

An Economic Analysis Of Property Rights In Information: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government-Run Reward System, Steve P. Calandrillo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Illuminating The Law Of Copyright: Holographic Data Storage Takes Intellectual Property To A New Dimension, Patti Burshtyn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review

No abstract provided.

Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.

Michigan Telecommunications & Technology Law Review

It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers' profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. …

Just Click Here: Article 2b’S Failure To Guarantee Adequate Manifestation Of Assent In Click-Wrap Contracts, Zachary M. Harrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Art & Atrocity: Cultural Depravity Justifies Cultural Deprivation, Jack Achiezer Guggenheim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intractable Consent: A Legislative Solution To The Problem Of The Aging Consent Decrees In United States V. Ascap And United States V. Bmi , Noel L. Hillman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Feist Applied: Imagination Protects, But Perspiration Persists—The Bases Of Copyright Protection For Factual Compilations, Denise R. Polivy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Left To One’S Devices: Congress Limits Patents On Medical Procedures, Brett G. Alten

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Determining A Proper Test For Inherent Distinctiveness In Trade Dress, Michele A. Shpetner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Proposal To Shore Up The Foundations Of Patent Law That The Underwater Line Eroded, A, Edwin H. Taylor, Glenn E. Von Tersch

UC Law SF Communications and Entertainment Journal

This article examines the trend of modern patent jurisprudence in the United States, focusing on the development of the law since the landmark Federal Circuit decision of Underwater Devices Inc. v. Morrison Knudsen Co. Inc. in 1983. Specifically, the authors contend that Underwater and its progeny have skewed the proper interpretation and use of the rule against willful infringement, causing litigants to overuse (or even abuse) the willful infringement doctrine and, more importantly, inhibiting one of the twin goals of the patent laws, disclosure of useful inventions. To address this negative trend, the authors propose a change in the standard …

Privacy On-Line: Washington Report, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

Over the last year there have been significant developments marking the emergence of a framework for national and international policy relating to privacy on the Internet and World Wide Web. This Article details recent cyberpolicy activities in Washington, including the Clinton Administration's 1997 White Paper, which outlines the Administration's strategy for fostering business and consumer confidence in global electronic commerce. This Article also discusses recent Federal Trade Commission guidelines for regulation and developments relating to privacy on-line in the European Union. This Article summarizes proposed legislation in the areas of both encryption and privacy.

Should Congress Regulate Cyberspace, Greg Y. Sato

UC Law SF Communications and Entertainment Journal

The Internet has undergone an amazing transformation in recent years. It has evolved from being a medium used exclusively by "techies" to one of general public consumption and utility. Because of this increased interest in and use of the Internet, cyberspace is quickly becoming an important forum for communication and commerce.

This Note discusses the history of the Internet, what makes it unique, and the current state of the law relating to cyberspace. This Note also examines the issue of whether congressional regulation of the Internet is needed. The author suggests that some intervention by Congress is needed because current …

Down In Front: Entertainment Facilities And Disabled Access Under The Americans With Disabilities Act, Katherine C. Carlson

UC Law SF Communications and Entertainment Journal

This note deals with the problem of compliance with the Americans with Disabilities Act (ADA) in sports and entertainment venues. The beginning of the note briefly describes the scope of the ADA and the meaning of the provisions which are relevant to the problem of public entertainment facilities. It also discusses the remedies that the ADA offers in such accommodation situations. After this overview of the ADA's theoretical application, the note then looks at the ADA in actual practice and whether it has actually caused sports and entertainment facilities to adequately accommodate disabled patrons. An examination of some prominent cases …

Regulating Cyberspace: Metaphor, Rhetoric, Reality, And The Framing Of Legal Options, Clay Calvert

UC Law SF Communications and Entertainment Journal

This Article argues that the "information superhighway" metaphor is a strategically chosen rhetorical device used to frame debate about Internet and telecommunications regulation, to implicitly suggest the particular legal choices are more viable-and valid-than others, and to guide the future of law in cyberspace. In particular, the metaphor embraces a commerce-based, marketplace model of regulation that emphasizes speed and quantity of information as a product or good rather than the content or quality of communication and its ability to sustain extant communities and cultures. Along the way, the Article traces the development of the "information superhighway" metaphor and explores some …

Setting The Standard: Problems Presented To Patent Holders Participating In The Creation Of Industry Uniformity Standards, David M. Schneck

UC Law SF Communications and Entertainment Journal

This Note examines the problems that arise when the owner of proprietary rights participate in the setting of open industry uniformity standards. These open standards typically include patented technology, sometimes due to the participation of the patent owners in developing the industry standard. Often, standards development committees require disclosure of patents held by participants. After widespread adoption of the standard occurs, the patent owners then face the dilemma of either abandoning some part of their patents or attempting to enforce their patents in courts inclined to hold them estopped. This Note discusses recent developments in this area, including judicial hostility …

Tobacco Is A Filthy Weed And From The Devil Doth Proceed: A Study Of The Government's Efforts To Regulate Smoking On The Silver Screen, Jason Edward Lavender

UC Law SF Communications and Entertainment Journal

Many of the negative effects of tobacco have been addressed by recent litigation and federal regulations. The federal government already regulates tobacco label and advertisement content and prohibits tobacco promotion on television and radio. There are lingering concerns, however, about the effects of depicting tobacco use in movies. This Note examines current tobacco regulations and the justifications asserted for new restrictions on the use of tobacco in movies. This Note further analyzes the First Amendment implications of a ban on tobacco use in movies, and concludes that such use is commercial speech that should be granted heightened Constitutional protection.

Interpreting The Communications Assistance For Law Enforcement Act Of 1994: The Justice Department Versus The Telecommunications Industry & (And) Privacy Rights Advocates, Hildegarde A. Senseney

UC Law SF Communications and Entertainment Journal

This Note examines what began as a very common-sense idea: law enforcement's surveillance capabilities needed to be protected in the face of new, high technology communications devices that were making law enforcement's task much more difficult, if not impossible. This was the primary motivation behind the passage of the Communications Assistance for Law Enforcement Act of 1994.

As the compliance date fot the Act draws nearer, many issues are still open to fierce debate between the Federal Bureau Of Investigation, the telecommunications industry and privacy rights advocates. The telecommunications industry claims that the FBI is demanding capacity and technological standards …

Bowie Bonds: A Key To Unlocking, The Wealth Of Intellectual Property, Nicole Chu

UC Law SF Communications and Entertainment Journal

Before David Bowie broke a new frontier in financing by selling $55 million in bonds backed by future music royalty payments and copyrights, music royalties and copyrights had never previously been securitized due to the uncertainty in predicting future cash flows. The concept of intellectual property securitization resolves the dilemma of inexpensively raising a large amount of money, while still retaining ownership in the underlying intellectual property. Asset securitization of intellectual property touches upon copyright, bankruptcy, tax, and securities law, as well as being impacted by the Uniform Commercial Code. This Note provides a brief overview of the securitization structure, …

Jazzing Up The Copyright Act - Resolving The Uncertainties Of The United States Anti-Bootleggin Law, Susan M. Deas

UC Law SF Communications and Entertainment Journal

With the addition of Section 1101 to United States copyright law, the United States Congress did more than just attempt to bring United States law into compliance with its obligations under TRIPs. By allowing live musical performers to seek remedies against anyone who, without performers' consent, commits Section 1101 subject acts, such as fixation of the sounds or sounds and images of the performers' live musical performance, Congress granted a type of protection of well-nigh constitutional significance. That is, Congress granted protection to unfixed material-an enactment that departs from the traditional interpretation of the Copyright Clause power as permitting congressional …

A Brief Return To The Digital Sampling Debate, Matthew G. Passmore

UC Law SF Communications and Entertainment Journal

This note revisits the problem of digital sampling by musicians and the copyright law issues that arise from it. After briefly surveying the historical and technical aspects of digital sampling, the note asks the question: "are transformative digital samples art?" and answers in the affirmative. The note then looks at the goals and doctrine of copyright law, and how they are implicated by the digital sampling problem. Finally, the note advocates an expanded interpretation of the fair use copyright defense in digital sampling cases, arguing that such an expansion would both effectuate the goal of copyright enforcement and recognize the …

Licensed To Kill: The Battle Between Patent And Antitrust In Monopoly Leveraging Cases, David A. Schnider

UC Law SF Communications and Entertainment Journal

This note puts a new spin on a longstanding subject of scholarship and controversy in the law: the conflict between the patent and antitrust laws in the United States. The author examines this conflict in the context of monopoly leveraging cases. Since patents are a unique and powerful tool that companies use to gain advantage in the marketplace, they seem to allow the owner to engage in behavior which amounts to monopoly leveraging. However, such conduct is prohibited under the antitrust laws, specifically by Section 2 of the Sherman Act. If a patent exists to give its owner certain commercial …

Coscarart V. Major League Baseball: No Field Of Dreams, Ronald P. Wargo

UC Law SF Communications and Entertainment Journal

This note explores a less glamorous aspect of baseball's "golden" past: the sport's forgotten and financially neglected players. Due to the structure of Major League Baseball's retirement compensation system, a certain group of former players--some of whom were stars in their day--were entitled to no retirement benefits at all from the sports which they helped make great. Focusing on an action brought by one of these former players against Major League Baseball (MLB), the note explores both the statutory and common law right of publicity claims that these ex-players may have against MLB for the uncompensated exploitation of the players' …