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Articles 61 - 90 of 105
Full-Text Articles in Communications Law
Why Protect Political Art As Political Speech, David Greene
Why Protect Political Art As Political Speech, David Greene
UC Law SF Communications and Entertainment Journal
Politics and art make for a volatile combination both socially and jurisprudentially. Although the capacity of artistic expression to relay political ideas was one of the driving forces behind the recognition of strong First Amendment rights for artistic expression, governmental officials tend toward the censorious when art communicates too much and "offends" or causes "controversy." Indeed, when art is "public," that is funded or exhibited by a governmental entity, public officials would often prefer that it contain no message at all. This article reviews the evolution of First Amendment protection for artistic expression, discusses why artistic expression is protected by …
Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik
Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik
UC Law SF Communications and Entertainment Journal
In 1999 and 2000, a group of federal court decisions ruled that the Eleventh Amendment precludes Congress from holding states and their institutions liable in damages for infringing federal intellectual property protection laws. These rulings have created a marked imbalance in the American intellectual property system, in which states can fully protect their own intellectual property yet freely infringe on the intellectual property rights of others. Private intellectual property owners argue that this imbalance increasingly threatens the health of the American economy. In response, Congressional reformers enacted the Intellectual Property Protection Restoration Act. The legislation uses a conditional waiver scheme …
Undermining The Initial Allocation Of Rights: Copyright Versus Contract And The Burden Of Proof, Thomas A. Mitchell
Undermining The Initial Allocation Of Rights: Copyright Versus Contract And The Burden Of Proof, Thomas A. Mitchell
UC Law SF Communications and Entertainment Journal
Copyright law is designed to provide authors with incentives to create work. Publishers have usurped these incentives, however, by leveraging their superior bargaining power to contractually require authors to transfer all rights to a work. This Note argues that this problem could be resolved by a shifting the burden of proving that the contract was voluntary, and not coerced, from the author to the publisher. Proving that a contract was not voluntarily entered into forms an affirmative defense for a breach, which places the burden on the author. This Note will show that intellectual property cases are different, because, inter …
On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline
On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline
UC Law SF Communications and Entertainment Journal
A growing number of companies are offering "E-rated" versions of motion picture VHS tapes and DVDs-that is, versions which have been edited to remove nudity, sexual situations, and offensive or graphic language. These third-party editors do not own the copyrights or trademarks for the motion pictures they edit, nor do they have the permission of the owners. This article explains the processes that the thirdparty editors use to create the edited versions, as well as the copyright and trademark laws that apply, and analyzes the activities of the third-party editing companies actions in light of current copyright and trademark laws.
Reformulating The On Sale Bar, Frank Albert
Reformulating The On Sale Bar, Frank Albert
UC Law SF Communications and Entertainment Journal
The On Sale Bar has been construed narrowly to require that an invention be ready for patenting and that a commercial offer for sale be made in order for the Bar to apply. Although this approach provides certainty for patent applicants, it potentially increases monopoly profits for patentees by disregarding commercial activity designed to increase demand for an invention that is ready for patenting. This Note concludes that a broader formulation of the On Sale Bar that considers this type of activity is more in line with the relevant underlying policies.
A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert
A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert
UC Law SF Communications and Entertainment Journal
The widespread adoption of peer-to-peer software has allowed for fast, cheap, and easy distribution of content all over the world. Although this technology promises great advances for the global exchange of knowledge, it also greatly threatens copyright owners' interests. This article analyzes possible solutions to this conflict from an international copyright law prospective, considering requirements imposed by TRIPS, The Berne Convention, and The WIPO Copyright Treaty. This article proposes a flexible "bipolar" system, in which authors are allowed to choose between compensation provided by a levy-tax system and protection of their works through digital rights management technology, as a solution …
The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox
The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox
UC Law SF Communications and Entertainment Journal
To date, thirty-one states and the District of Columbia have enacted shield laws that provide varying degrees of protection to reporters, their sources, and their notes. Several federal lawmakers have publicly considered whether a similar federal law would be appropriate. This note examines the roots of the reporter's privilege, surveys selected state shield laws, and considers the impact of the seminal Supreme Court case in the federal realm.
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article considers the Supreme Court's suggestion and recommends a mechanism to regulate the virtual pornography market in a manner that balances the rights of virtual pornographers with the prosecution of actual child pornographers. Part II traces the events leading up to the Free Speech decision, commencing with the enactment of the Child Pornography Prevention Act of 1996 (CPPA). Part III discusses the Free Speech opinion and the post-Free Speech cases. Part IV examines the PROTECT Act--the legislative response to the Supreme Court's decision. Part V concludes that regulation of the virtual pornography industry is the most effective method of …
Talk Show Torts Turn Deaf Ear To Plaintiffs, Joseph A. Tomain
Talk Show Torts Turn Deaf Ear To Plaintiffs, Joseph A. Tomain
Articles by Maurer Faculty
No abstract provided.
Has Spam Been Fried? Why The Can-Spam Act Of 2003 Can't: Regulation Of Unsolicited Commercial Electronic Mail And The Can-Spam Act Of 2003, John W. Daniel
Has Spam Been Fried? Why The Can-Spam Act Of 2003 Can't: Regulation Of Unsolicited Commercial Electronic Mail And The Can-Spam Act Of 2003, John W. Daniel
Kentucky Law Journal
No abstract provided.
The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra
The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra
UC Law SF Communications and Entertainment Journal
Digital online piracy of television programming is a growing problem that has the television industry, production studios, and the Motion Picture Association of America searching for a cure. The FCC's planned cure is the "broadcast flag," which requires manufacturers of television equipment to bear the burden of protecting broadcast programming from pirates. The FCC's scheme not only contains several loopholes allowing pirates to circumvent the flag technology, it also protects only a tiny fraction of digital television content, at the cost of consumers. This note explains the ineffectiveness of the "broadcast flag," and suggests an alternate scheme based around copyright …
Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner
Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner
UC Law SF Communications and Entertainment Journal
Digital Downloading has become an exciting distribution model that has made large amounts of music available to consumers for a fraction of the price of a compact disc. However, if the mechanical royalty rate paid to composers for the reproduction of their work remains pegged to a fixed number, fluxuations in the retail price of downloads will either reduce or increase the relative value of the payment. To avoid smaller margins, which could dissuade independent labels from making masters available online, or a disproportionately low mechanical rate, the statutory mechanical royalty should be set as a percentage of wholesale receipts, …
As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii
As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii
UC Law SF Communications and Entertainment Journal
A stark circuit split mars the consistency of trademark infringement analyses within U.S. Circuit Courts of Appeal; some circuits review likelihood of confusion as a matter of fact, while others review it as a matter of law. This disparity places appellants at a disadvantage in some circuits and unnecessarily hinders the function of appellate courts by constraining their review of a substantially subjective balancing of facts. This Note concludes that although the individual factors indicating a likelihood of confusion are issues of fact, the ultimate issue of likelihood of confusion should be reviewed as a matter of law, allowing Circuit …
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski
Faculty Publications
Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.
Neither Big Brother Nor Dead Brother: The Need For A New Fourth Amendment Standard Applying To Emerging Technologies, Casey Holland
Neither Big Brother Nor Dead Brother: The Need For A New Fourth Amendment Standard Applying To Emerging Technologies, Casey Holland
Kentucky Law Journal
No abstract provided.
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Scholarly Works
No abstract provided.
Automobile Accidents Associated With Cell Phone Use: Can Cell Phone Service Providers And Manufacturers Be Held Liable Under A Theory Of Negligence?, Jordan B. Michael
Automobile Accidents Associated With Cell Phone Use: Can Cell Phone Service Providers And Manufacturers Be Held Liable Under A Theory Of Negligence?, Jordan B. Michael
Richmond Journal of Law & Technology
Cell phone related car accidents have received a lot of attention in the press and academic journals over the past few years.1 Articles have discussed the impact of driving while using a hand-held or hands-free cell phone, and in some instances have identified liability on the part of employers. A number of cases have gone to the jury on employer liability based on respondeat superior, where the employer is held responsible for the actions of an employee acting within the scope of employment.
Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts
Kentucky Law Journal
No abstract provided.
The Fcc's New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Adamski Dariusz
The Fcc's New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Adamski Dariusz
Articles & Chapters
No abstract provided.
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.
The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista
The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Federal Communications Commission (FCC) has failed to address the systemic issue of negative and stereotypical portrayals of minorities, particularly minority women, in media. These portrayals perpetuate racial and gender stereotypes, contributing to societal discrimination and violence. The FCC's inaction, coupled with its refusal to recognize minority status in licensing and employment practices, exacerbates these issues. The note calls for revised policies to promote diversity and accurate representations in broadcasting, emphasizing the need for regulatory reforms to address these harms.
The Xxx-Files: Cal/Osha's Regulatory Response To Hiv In The Adult Film Industry, Christina Jordan
The Xxx-Files: Cal/Osha's Regulatory Response To Hiv In The Adult Film Industry, Christina Jordan
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges in regulating California's straight adult film industry following an HIV outbreak, highlighting tensions between the industry's resistance to regulation and CalOSHA's efforts to enforce workplace safety standards. It critiques the industry's reliance on self-regulation and explores the legal implications of determining whether performers are employees or independent contractors. The analysis underscores the potential public health consequences of inadequate oversight and the industry's threats to evade regulation by moving underground.
The Ghost Of Telecommunications Past, Philip J. Weiser
The Ghost Of Telecommunications Past, Philip J. Weiser
Publications
Paul Starr's The Creation of the Media presents modern policymakers with an important opportunity to consider the historical lessons of the telecommunications industry. This Book Review underscores how Starr's book richly explains some key components of U.S. information policy - such as relying on an integrated strategy of intellectual property, antitrust law, and telecommunications policy - and that some historical lessons are misplaced as to today's environment - such as a categorical skepticism of vertical integration. Moreover, Starr's account of telecommunications history explains that the U.S.'s success in promoting innovation in the information industries reflects our reluctance to manage key …
Policing The Spectrum Commons, Philip J. Weiser, Dale N. Hatfield
Policing The Spectrum Commons, Philip J. Weiser, Dale N. Hatfield
Publications
One of the most contested questions in spectrum policy is whether bands of spectrum left as unlicensed will fall victim to the tragedy of the commons. Advocates of increased unlicensed spectrum often downplay what enforcement measures are necessary to minimize interference and to prevent the tragedy of the commons problem. Even imposing spectrum etiquette requirements in addition to the FCC's equipment certification program will fail to address this concern effectively, as the development of such measures - e.g., the requirement that devices listen before they talk - does not ensure that they will be followed. Indeed, if there are incentives …
Rewriting The Telecom Act: An Introduction, Philip J. Weiser
Rewriting The Telecom Act: An Introduction, Philip J. Weiser
Publications
No abstract provided.
Law And Liberty In Virtual Worlds, Jack M. Balkin
Law And Liberty In Virtual Worlds, Jack M. Balkin
NYLS Law Review
No abstract provided.
Digital First Sale: Friend Or Foe?, Eurie Hayes Smith Iv
Digital First Sale: Friend Or Foe?, Eurie Hayes Smith Iv
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson
Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson
Vanderbilt Journal of Entertainment & Technology Law
This Note analyzes possible FEC actions, pending court decisions, and proposed legislation that could once again dramatically change the landscape of political advertising. Section I of this Note examines the BCRA and the Supreme Court's subsequent ruling in McConnell v. FEC that created the environment that caused 527's to flourish. Section II focuses on FEC enforcement of campaign finance laws and examines a pending court case considering whether the FEC acted arbitrarily by failing to require all 527's to register as political committees. Section III considers whether courts or law-makers should require 527's to register as political committees in light …
Exploring Iraq War News Coverage And A New Form Of Censorship In Violation Of The Quickly Evaporating Public Interest Requirement And Public Right To Receive Information, Robin A. Arzon
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski
The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski
Articles & Chapters
No abstract provided.