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Full-Text Articles in Communications Law
Altered Realities: The Effect Of Digital Imaging Technology On Libel And Right Of Privacy, Lisa Byrne Anastasio Potter
Altered Realities: The Effect Of Digital Imaging Technology On Libel And Right Of Privacy, Lisa Byrne Anastasio Potter
UC Law SF Communications and Entertainment Journal
This Note discusses the legal and ethical ramifications resulting from the use of digital imaging technology by the print and television news media. Focusing on libel and right of privacy, the author discusses the current laws' ability to deal with infringements involving digitally altered images. By using hypotheticals, the author explores the legal, moral, and societal problems that may arise with the increasing availability and use of this technology to alter news photographs. The author suggests "notice" as a solution to maintain free speech without compromising truth.
Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch
Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch
UC Law SF Communications and Entertainment Journal
Typically, the attorney-client privilege applies only to attorneys admitted to practice law by a state bar. However, courts have expanded the application of the attorney-client privilege. This Article focuses on whether a group of specialized legal professionals-patent agents-should be included in the category of legal advisors who are entitled to the attorney-client privilege. The recognition or rejection of a privilege for patent agents may be of critical importance during litigation in the United States involving patent rights. The author concludes that patent agents who function as legal practitioners should independently be recognized as attorneys for the purpose of the attorney-client …
Not As Clean As They Wanna Be: Intermediate Copying In Campbell V. Acuff-Rose, William S. Coats, David H. Kramer
Not As Clean As They Wanna Be: Intermediate Copying In Campbell V. Acuff-Rose, William S. Coats, David H. Kramer
UC Law SF Communications and Entertainment Journal
In Campbell v. Acuff-Rose, the United States Supreme Court discussed digital sampling technology and the question of fair use for the first time. While most of the attention given Campbell has involved the question of fair use, this article raises several interesting questions about the impact digital sampling will have on this unexplored area of copyright protection. The authors suggest creative incentives for original authors may be safeguarded by analyzing intermediate copying as a separate use of copyrighted work.
The Nature Of Copyright Analysis For Computer Programs: Copyright Law Professors' Brief Amicus Curiae In Lotus V. Borland, Pamela Samuelson
The Nature Of Copyright Analysis For Computer Programs: Copyright Law Professors' Brief Amicus Curiae In Lotus V. Borland, Pamela Samuelson
UC Law SF Communications and Entertainment Journal
This brief amicus curiae was submitted by a group of copyright professors to the United States Court of Appeals for the First Circuit in Lotus Development Corporation v. Borland International, Inc.
Of Michelangelo And Roscoe Barrow, Leo P. Martinez
Of Michelangelo And Roscoe Barrow, Leo P. Martinez
UC Law SF Communications and Entertainment Journal
No abstract provided.
Speech Of The Roscoe L. Barrow Memorial Award Winner, Rachelle Chong
Speech Of The Roscoe L. Barrow Memorial Award Winner, Rachelle Chong
UC Law SF Communications and Entertainment Journal
No abstract provided.
Pto Perspective On Recent Developments In Patent Protection For Computer Hardware And Software, Lee E. Barrett
Pto Perspective On Recent Developments In Patent Protection For Computer Hardware And Software, Lee E. Barrett
UC Law SF Communications and Entertainment Journal
This Article explores the area of patent protection for computer related inventions, The author examines the problem of determining whether a mathematical algorithm qualifies as patentable subject matter under 35 U.S.C. § 101 and the interpretation of means-plus-function limitations under 35 U.S.C. § 112 6. In his examination, the author explains the perspective of the United States Patent and Trademark Office, as well as the position taken by the Federal Circuit Court of Appeals in the recent cases of In re Alappat and In re Donaldson Co.
Freedom Of Expression And The 1992 Cable Act: An Introduction, Eli M. Noam, Carolyn Cutler
Freedom Of Expression And The 1992 Cable Act: An Introduction, Eli M. Noam, Carolyn Cutler
UC Law SF Communications and Entertainment Journal
No abstract provided.
A New Deal For Speech, Cass R. Sunstein
A New Deal For Speech, Cass R. Sunstein
UC Law SF Communications and Entertainment Journal
No abstract provided.
Cable Operators As Editors: Prerogative, Responsibility, And Liability, Frederick Schauer
Cable Operators As Editors: Prerogative, Responsibility, And Liability, Frederick Schauer
UC Law SF Communications and Entertainment Journal
No abstract provided.
Fighting Telemarketing Scams, Hebe R. Smythe
Fighting Telemarketing Scams, Hebe R. Smythe
UC Law SF Communications and Entertainment Journal
Interstate telemarketing fraud has become an increasing problem in recent years. Unscrupulous telephone sellers victimize all segments of society, costing consumers tens of billions of dollars each year. Moreover, the costs of this type of fraud extend beyond consumers to credit card companies, banks, and legitimate telemarketers. Most of these con artists are never caught, however, because gaps in enforcement permit them to operate undetected and unprosecuted, and because sanctions against them are often impossible to enforce. This Note discusses the scope of the telemarketing fraud problem, analyzes the limitations of current detection, prosecution, and enforcement mechanisms, and proposes national …
Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu
Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu
UC Law SF Communications and Entertainment Journal
This Note concerns the problem of privacy in wireless communications. Since wireless communications use the airwaves, the communications are susceptible to interception. This Note will discuss possible solutions to this privacy problem including two solutions proposed by the Clinton Administration: 1) The Clipper Chip, an inexpensive encryption device, which will allow law enforcement to tap into communications, and 2) proposed legislation that bans technology that the government cannot decode.
Droit De Suit: The Artist's Right To A Resale Royalty, Marilyn J. Krestinger
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.
Software Look And Feel Protection In The 1990s, Jack Russo, Jamie Nafziger
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.
What's Wrong With Vara: A Critique Of Federal Moral Rights, Peter H. Karlen
What's Wrong With Vara: A Critique Of Federal Moral Rights, Peter H. Karlen
UC Law SF Communications and Entertainment Journal
The Visual Artists Rights Act of 1990 (VARA) may represent the most important artists' rights legislation in the history of the United States. Yet, according to the author, VARA is replete with ambiguities, trouble spots, omissions, and potential problems which will only be resolved in the courts or, preferably, through early legislative amendments. This article analyzes the key portions of VARA dealing with subject matter, ownership, rights, duration, waiver, works in buildings, and preemption. Each area of the statutory text is followed by the author's commentary.
Moral Rights And Real Life Artists, Peter H. Karlen
Moral Rights And Real Life Artists, Peter H. Karlen
UC Law SF Communications and Entertainment Journal
Although both moral rights legislation and moral rights litigation have proliferated in recent years, there is still a dearth of published opinions dealing with moral rights issues. This article, derived from the author's extensive experience with moral rights cases, provides an insight into the critical issues in moral rights litigation. The author cites anecdotal information as well as cases that have garnered attention in the art world but did not yield published court opinions.
Add-On Infringements: When Computer Add-Ons And Peripherals Should (And Should Not) Be Considered Infringing Derivative Works Under Lewis Galoob Toys, Inc. V. Nintendo Of America, Inc., And Other Recent Decisions, Edward G. Black, Michael H. Page
Add-On Infringements: When Computer Add-Ons And Peripherals Should (And Should Not) Be Considered Infringing Derivative Works Under Lewis Galoob Toys, Inc. V. Nintendo Of America, Inc., And Other Recent Decisions, Edward G. Black, Michael H. Page
UC Law SF Communications and Entertainment Journal
The large and growing installed base of computer products is quickly giving rise to a large secondary market for computer add-ons that add new features to or enhance the performance of primary computer products. This article discusses how copyright doctrines, including the derivative works and fair use doctrines, have been-and should be-applied to computer add-ons. After analyzing the current state of the law under the Ninth Circuit's decision in Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., and other decisions, the authors argue that copyright doctrines should be construed to encourage the use of add-ons that add new features …
Crime Scene Videotapes: Are Television Techniques Violating The Confrontation Clause, Katharyn Bond
Crime Scene Videotapes: Are Television Techniques Violating The Confrontation Clause, Katharyn Bond
UC Law SF Communications and Entertainment Journal
Videotape presentations in courtroom proceedings are admissible upon the proper foundation of accuracy and faithfulness. Anyone present at the taping of the crime scene may establish the requisite foundation. The admissibility of videotaped evidence is premised on the assumption that the technology itself is neutral and reliable, and that it accurately conveys what is in front of the camera. This note counters the validity of this assumption in the context of crime scene videotapes. Grisly crime scenes are now videotaped by police officers and later used by prosecutors at trial as demonstrative evidence. This note argues that it is the …
Copyright Registration For Computer Programs And Screen Displays, Nancy H. Lawrence
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.
The Use Of Amateur Videotapes As Evidence In Criminal Prosecutions: Citizen Empowerment Or Little Brother's New Silver Platter, Nicholas R. Mack
The Use Of Amateur Videotapes As Evidence In Criminal Prosecutions: Citizen Empowerment Or Little Brother's New Silver Platter, Nicholas R. Mack
UC Law SF Communications and Entertainment Journal
As public access to inexpensive and versatile "camcorders" grows, U.S. courts face a new source of crime evidence. Through a survey of recent examples, including the Rodney King beating, this note addresses the potential of private citizens' videotapes of criminal acts. Videotapes may empower citizens to fight crime safely and legally, as courts will probably receive such videotaped evidence favorably. However, with the increasing means and incentives for "video vigilantism" comes a risk of invasions of privacy, as technology outpaces the law. Limited neither by the Fourth Amendment nor the Electronic Communications Privacy Act of 1986, citizens' videotapes can introduce …
The High Cost Of Convenience: Antitrust Law Violations In The Computerized Ticketing Services Industry, Kevin E. Stern
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.
California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl
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.
A Comparison Of State And Federal Moral Rights Protection: Are Artists Better Off After Vara, Edward J. Damich
A Comparison Of State And Federal Moral Rights Protection: Are Artists Better Off After Vara, Edward J. Damich
UC Law SF Communications and Entertainment Journal
VARA, which became effective June 1, 1991, provides the first federal statutory recognition of the moral rights of integrity and attribution for works of visual art. Prior to VARA's enactment, some states, including the art centers of California and New York, had already enacted moral rights statutes. This article compares VARA with state moral rights statutes. It concludes that VARA is clearly an advance since only eleven states have moral rights statutes and not all provide more protection. However, the author suggests that the state statutes, taken as a whole, protect more kinds of works and offer broader protection than …
Home Audio Taping Of Copyrighted Works And The Audio Home Recording Act Of 1992: A Critical Analysis, Joel L. Mckuin
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 …
The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter
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.
It Is Time To Put Look And Feel Out To Pasture, Douglas K. Derwin
It Is Time To Put Look And Feel Out To Pasture, Douglas K. Derwin
UC Law SF Communications and Entertainment Journal
The author, who was present at the creation of "Look and Feel," now feels that the time has come to lay the theory to rest, because it is vague, confusing, and promotes overbroad analysis. Instead, he suggests analysis focusing on the different legal standards that apply to different elements in a computer program's user interface.
Shrinkwrap License Agreements: New Light On A Vexing Problem, David L. Hayes
Shrinkwrap License Agreements: New Light On A Vexing Problem, David L. Hayes
UC Law SF Communications and Entertainment Journal
Computer software companies rely widely on the use of "shrinkwrap" license agreements. Previous decisions have called into question the general enforceability of these agreements as contracts of adhesion, and the enforceability of specific provisions under policies of federal supremacy. This article analyzes the implications of a more recent decision, Step-Saver Data Systems, Inc. v. Wyse Technology, which focused on the rules of contract formation under the U.C.C. and their application when deciding if a shrinkwrap license governs a transaction at all. The analysis of the case calls into question the legal efficacy of many widespread marketing practices currently used in …
Why Can't I Watch This Video Here - Copyright Confusion And Performances Of Videocassettes & (And) Videodiscs In Libraries, J. Wesley Cochran
Why Can't I Watch This Video Here - Copyright Confusion And Performances Of Videocassettes & (And) Videodiscs In Libraries, J. Wesley Cochran
UC Law SF Communications and Entertainment Journal
The dramatic growth of video resources in library collections in the past twenty years brought with it disagreement between librarians and copyright owners concerning performances of videocassettes and videodiscs in libraries. This article reviews the application of copyright law to performances of videocassettes and videodiscs and describes typical uses of these resources in academic, public, and private libraries. The author then relates the availability of statutory defenses to claims of infringement and concludes that many performances of videocassettes and videodiscs in libraries are permitted by the fair use limitation and the educational exemption found in the Copyright Act of 1976. …
California Arts Legislation Goes Federal, Richard Mayer
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
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.