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1994

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Articles 61 - 90 of 122

Full-Text Articles in Communications Law

Masthead Vol.46 No.3 (1994) Jun 1994

Masthead Vol.46 No.3 (1994)

Federal Communications Law Journal

No abstract provided.

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A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren Jun 1994

A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren

Federal Communications Law Journal

The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …

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Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden Mar 1994

Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden

Brigham Young University Journal of Public Law

No abstract provided.

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Letter Of Introduction, Reed E. Hunt Mar 1994

Letter Of Introduction, Reed E. Hunt

Federal Communications Law Journal

No abstract provided.

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Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr. Mar 1994

Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.

Federal Communications Law Journal

Section 315(a) of the Communications Act--the anti-censorship provision--allows for the presentation of candidates' unvarnished positions on issues important to the voting public. In the 1990s, ads centered around abortion caused a collision between the interests of political candidates and broadcasters. The Article reviews broadcasters' attempts to use the indecency provisions of the Communications Act to channel controversial political advertisements. The Authors conclude that airing potentially indecent political ads is unlikely to result in sanctions for broadcasters.

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The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes Mar 1994

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

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Winning On Appeal: Better Briefs And Oral Argument, Michael J. Hirrel Mar 1994

Winning On Appeal: Better Briefs And Oral Argument, Michael J. Hirrel

Federal Communications Law Journal

No abstract provided.

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Telecommunications Property Taxation, James A. Amdur Mar 1994

Telecommunications Property Taxation, James A. Amdur

Federal Communications Law Journal

Because of recent changes in the regulatory environment, both states and telecommunications carriers are giving increased attention to property taxation. In analyzing the principles and practices involved in property taxation of telecommunications carriers, the Article emphasizes the relationship between the manner of regulation and the valuation of property. The Article reviews three major cases that deal with significant current valuation issues, and concludes that a uniform system of valuation and taxation would be the optimal solution to resolve many of the issues.

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Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets Mar 1994

Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets

Federal Communications Law Journal

The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …

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Masthead Vol.46 No.2 (1994) Mar 1994

Masthead Vol.46 No.2 (1994)

Federal Communications Law Journal

No abstract provided.

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Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham Mar 1994

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.

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Analysis Of The Technical And Economic Issues Raised In The Consideration Of International Telecommunications Satellite Systems Separate From Intelsat, Chris Rourk Mar 1994

Analysis Of The Technical And Economic Issues Raised In The Consideration Of International Telecommunications Satellite Systems Separate From Intelsat, Chris Rourk

Federal Communications Law Journal

INTELSAT has provided the space segment for a global satellite telecommunications network since its inception in 1962. In part due to its economic success, several companies applied to the FCC for licenses to operate international telecommunications satellites separate from INTELSAT. This Comment asserts that INTELSAT did not suffer economic harm from the separate systems because no technological cause or economic reason exits for INTELSAT's high volume routes to subsidize its low volume routes. INTELSAT's pricing structure, its flexibility, and the increasing market for international satellite telecommunications have ensured INTELSAT's continued economic viability in the face of competitors.

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Regulatory Treatment Of Mobile Services: The Fcc Attempts To Create Regulatory Symmetry, E. Ashton Johnston Jan 1994

Regulatory Treatment Of Mobile Services: The Fcc Attempts To Create Regulatory Symmetry, E. Ashton Johnston

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

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The Critical Mass Decision: A Dangerous Blow To Exemption 4 Litigation, G. Branch Taylor Jan 1994

The Critical Mass Decision: A Dangerous Blow To Exemption 4 Litigation, G. Branch Taylor

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

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Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern Jan 1994

Real Life Trial Issues In Software Copyright Infringement Cases Or How Those Look And Feel Lawyers Are Proving Look And Feel: Reviewing Demonstrative Techniques, Claude M. Stern

UC Law SF Communications and Entertainment Journal

"Look and feel" or sequence, structure, and organization opinions generally do not include visuals of exhibits the lawyers used to convince the court or jury that one program was or was not substantially similar to another. As a result, it is difficult for look and feel lawyers to determine what sort of evidence influenced a precedential decision. This Article discusses the low-technology and high-technology approaches to proving and defending software copyright infringement cases. The author analyzes cases involving claims of visual similarity of the user interface, components of the user interface, or the sequence, structure, and organization of the user …

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Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne Jan 1994

Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury Jan 1994

Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury

UC Law SF Communications and Entertainment Journal

No abstract provided.

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A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon Jan 1994

A Modest Proposal On Must-Carry, The 1992 Cable Act, And Regulation Generally: Go Back To Basics, Roger Pilon

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen Jan 1994

Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson Jan 1994

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Media Countersuits In Libel Law: A Statutory And Judicial Framework, Kyu Ho Youm, Douglas A. Anderson Jan 1994

Media Countersuits In Libel Law: A Statutory And Judicial Framework, Kyu Ho Youm, Douglas A. Anderson

UC Law SF Communications and Entertainment Journal

Faced with costly expenses for libel lawsuits, the American press during the past decade started resorting to counterclaims as an "aggressive-offenseis- the-best-defense" tactic in response to what it considered to be meritless libel actions. This Article examines media libel countersuits to address critical issues raised by some commentators in the mid-1980s about the uncertain value of the suits. Three questions provide the main focus of the study: (1) Why do American media organizations countersue?; (2) What is the statutory and judicial status of media countersuits in the United States?; and, (3) What implications do media countersuits carry for American libel …

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Joint Authorship Under The Copyright Law, Scott C. Brophy Jan 1994

Joint Authorship Under The Copyright Law, Scott C. Brophy

UC Law SF Communications and Entertainment Journal

After nearly a century of the concept of joint authorship existing in the common law, Congress codified that body of law, with some changes, into the Copyright Act of 1976. There remain, however to this day two important but unsettled issues of law. One, whether putative joint authors must each contribute copyrightable expression to a work in order to be given joint author status, and whether the author must merely intend to combine his own work with that of another author, or whether he must more specifically intend the legal consequences of joint authorship. This Article addresses these issues which …

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Nestle, Infant Formula, And Excuses: The Regulation Of Commercial Advertising In Developing Nations, Caryn L. Finkle Jan 1994

Nestle, Infant Formula, And Excuses: The Regulation Of Commercial Advertising In Developing Nations, Caryn L. Finkle

Northwestern Journal of International Law & Business

Advertising has been recognized as one of the most persuasive forms of communication.' Can it also endanger the cultural autonomy of a nation? This comment addresses the potential role of advertising in developing countries and its regulation by the international community. The central question of this analysis is whether or not the advertising of the most developed nations, particularly the advertising produced by the so called "western media,"2 is a threat to the cultural survival of developing countries.' The answer to this question as reflected in the World Health Organization's (WHO) Code of Marketing of Breastmilk Substitutes4 is yes. The …

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Connick V. Myers And The First Amendment Rights Of Public Employees, Mike Harper Jan 1994

Connick V. Myers And The First Amendment Rights Of Public Employees, Mike Harper

UC Law SF Communications and Entertainment Journal

In Connick v. Myers the Supreme Court developed a test to determine whether a public employer's sanctions of an employee for expressive activity receives First Amendment scrutiny. The Connick test has drawn heavy criticism from scholars, and the problems stem from ambiguities in the decision itself. This Note examines the Connick holding, highlights its guiding principles, and argues how, as well as the circumstances under which, the Connick test should be applied. The Note concludes that courts should ask two questions in considering whether to apply Connick in a new First Amendment situation: (1) Is the behavior protected?; and (2) …

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Federal Criminal Remedies For The Theft Of Intellectual Property, Kent Walker Jan 1994

Federal Criminal Remedies For The Theft Of Intellectual Property, Kent Walker

UC Law SF Communications and Entertainment Journal

The theft and abuse of intellectual property has traditionally been controlled through civil remedies. In recent years, the prevalence of accessible and easily reproduced computer software and other information has led to an increase in the unauthorized use and infringement of copyrighted materials, making civil enforcement inadequate. In response, policy-makers have adopted a criminal approach to high technology crime. Congress, the courts, and federal law enforcement agencies have enacted new laws, developed stricter penalties, and pursued more rigorous prosecution to combat such actions. This Commentary outlines these new approaches and discusses the elements and limitations of criminal prosecution of information …

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Disclosure Of Computer Re-Enactments During Pretrial Discovery, Mark Barrish Jan 1994

Disclosure Of Computer Re-Enactments During Pretrial Discovery, Mark Barrish

UC Law SF Communications and Entertainment Journal

Computer-generated re-enactments allow litigators to recreate events at issue before a jury. Because of the visual power of computer re-enactments, however, disclosure during the pretrial discovery process is of crucial importance. The author discusses what must be disclosed to the opposing party in federal civil actions relating to expert witness testimony. This Note suggests courts should generally compel the proponent of a re-enactment to disclose the underlying computer models used to create the re-enactment in order to guard against potential bias and allow for effective cross-examination.

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Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne Jan 1994

Saving Public Television: The Remand Of Turner Broadcasting And The Future Of Cable Regulation, Monroe E. Price, Donald W. Hawthorne

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Merging Phone And Cable, C. Edwin Baker Jan 1994

Merging Phone And Cable, C. Edwin Baker

UC Law SF Communications and Entertainment Journal

No abstract provided.

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New Technology And The First Amendment: Breaking The Cycle Of Repression, Robert Corn-Revere Jan 1994

New Technology And The First Amendment: Breaking The Cycle Of Repression, Robert Corn-Revere

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Protecting American Television Programming In Russia, China, Taiwan, And Japan, Rosalind M. Parker Jan 1994

Protecting American Television Programming In Russia, China, Taiwan, And Japan, Rosalind M. Parker

UC Law SF Communications and Entertainment Journal

As Russian, Chinese, Taiwanese, and Japanese entrepreneurs position themselves to become key players in the global communications marketplace, they present American entrepreneurs with viable opportunities for successful short-term and long-term investments. Given the foreign demand for American television programming, the emergence of new technologies (i.e., wireless cable-television and direct broadcast satellites) and the significant increase in international awareness of and respect for intellectual property rights (as illustrated by the most recent GATT negotiations), major investment in the Russian, Chinese, Taiwanese, and Japanese television industries has become a sound business practice from both technological and economical perspectives. This Article examines the …

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