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Articles 3301 - 3330 of 4057

Full-Text Articles in Communications Law

Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus Jan 1991

Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus

UC Law SF Communications and Entertainment Journal

Digital sampling has developed into an essential tool in the production of a Rap music album. Indeed, sampling gives the genre its artistic vitality in its tendency to comment upon our society through a post-modem patchwork message. Attempting to stifle this message by sanctioning samplers through litigation using existing copyright law is undesirable. The needs of both samplers and the artists that they sample can be satisfied through the use of a voluntary, transactional licensing scheme. Sampled artists will receive recognition and reasonable royalties, and samplers will be unhindered in their creative production processes.

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Misuse: An Equitable Defense To Intellectual Property Infringement Actions, Alan R. Geraldi Jan 1991

Misuse: An Equitable Defense To Intellectual Property Infringement Actions, Alan R. Geraldi

UC Law SF Communications and Entertainment Journal

The plaintiff's illegal extension of a patent right has historically been a successful defense to a patent infringement claim. Recently, the illegal extension of a monopoly right or "misuse" defense has been applied to copyright and trademark infringement claims as well. This article discusses the utilization of the misuse defense in patent, copyright, and trademark cases. It explores the case history of the misuse defense and summarizes the elements to the defense in each area.

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Self-Censorship By Media Industries, Lewis Grossman Jan 1991

Self-Censorship By Media Industries, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Art Auctioneer: Duties And Assumptions, Jorge Contreras Jan 1991

The Art Auctioneer: Duties And Assumptions, Jorge Contreras

UC Law SF Communications and Entertainment Journal

The sale of unique art objects at auctions has grown into a multi-million dollar industry in the United States, yet it is still regulated by antiquated notions of agency and sales law. This Article analyzes the legal rules which affect art auctioneers in light of some "common sense" assumptions about the auction process. It reveals that some practices of modem art auctioneers violate these basic assumptions and proposes a set of rules for art auctioneers that conforms with them.

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Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof Jan 1991

Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof

UC Law SF Communications and Entertainment Journal

In an age when businesses survive on the purchase and sale of information, finding new ways to protect personal information is important. Caller identification displays a caller's telephone number to the recipient of the call. Businesses use the identified number to access personal information about the caller and to create mailing lists. Meanwhile, telephone companies make a tidy profit charging for number identification. Therefore, this Comment, rather than claiming caller identification violates constitutional privacy rights, argues that caller identification violates a caller's rights and tortiously appropriates his name and likeness.

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Music Law And Business: A Comprehensive Bibliography, 1982-1991, Gail I. Winson, Janine S. Natter Jan 1991

Music Law And Business: A Comprehensive Bibliography, 1982-1991, Gail I. Winson, Janine S. Natter

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Presenting Technologically Complex Cases To Lay Judges And Juries, Richard H. Abramson Jan 1991

Presenting Technologically Complex Cases To Lay Judges And Juries, Richard H. Abramson

UC Law SF Communications and Entertainment Journal

Technologically complex cases present trial lawyers with a significant challenge; before they can persuade the trier of fact of the rectitude of their client's position, they must ensure that it comprehends the fundamentals of the technology at issue. This article comments on the dangers lawyers face in meeting this challenge, and suggests that a little creativity, when combined with available procedural and technological devices, can adequately educate the decision maker in all but the most unusual case.

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Lotus Development V. Paperback Software: The Overextension Of Copyright Protection To Functional Aspects Of Computer Software, Dag Johansen Jan 1991

Lotus Development V. Paperback Software: The Overextension Of Copyright Protection To Functional Aspects Of Computer Software, Dag Johansen

UC Law SF Communications and Entertainment Journal

The Copyright Act protects computer programs, but the exact scope of protection has never been firmly established. Recently, computer software producers have attempted to use the copyright protection of the underlying program to protect the user interface, also known as the "look and feel." In Lotus Development v. Paperback Software, a district court granted broad protection to the user interface of the Lotus 1-2-3 spreadsheet. This article examines the Lotus decision and concludes that the decision improperly extended copyright to protect functional elements of the program.

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Defending The "Time Culture": The Public And Private Interests Of Media Corporations, Shelby D. Green Jan 1991

Defending The "Time Culture": The Public And Private Interests Of Media Corporations, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Part I of this essay discusses the “public interest” standard under the Federal Communications Act and describes parallels in corporation doctrine. Part II considers whether broadcasters satisfy their public interest obligations by addressing audience interest. Part III discusses the prerogatives of the management of the corporate broadcaster to consider non-financial factors in selecting programming. Part IV describes the non-traditional philosophy of the corporation's legitimate object, which led to the subject case. Part V discusses the central legal issues of the cognizable business interests of corporations. Finally, the Conclusion offers a view on desirable public interest objectives of media corporations.

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The Pursuit Of Television Broadcasting Activities In The European Community, Timothy M. Lupinacci Jan 1991

The Pursuit Of Television Broadcasting Activities In The European Community, Timothy M. Lupinacci

Vanderbilt Journal of Transnational Law

In October 1989, the foreign ministers of the European Community (EC or Community) approved a Directive governing the "pursuit" of trans-European television broadcasting beginning in 1992. Controversial article 4 of the Directive requires Member States to devote a majority of their television air time to European-produced programs. Although the Community Council maintains that the quota is merely "a political commitment" intended to preserve Europe's cultural heritage, the United States challenges the legality of the quota as economic protectionism under the General Agreement on Tariffs and Trade (GATT), and section 301 of the United States Trade Act, as amended by the …

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Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi Jan 1991

Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi

Articles

No abstract provided.

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The Right Of Publicity: Star Vehicle Or Shooting Star?, Barbara Singer Jan 1991

The Right Of Publicity: Star Vehicle Or Shooting Star?, Barbara Singer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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New Technologies On The Block: New Kids On The Block V. News America Publishing, Inc. , Randy S. Frisch Jan 1991

New Technologies On The Block: New Kids On The Block V. News America Publishing, Inc. , Randy S. Frisch

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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A Proposal To Curb Congressional Interference With The National Endowment-For The Arts, Nancy Ravitz Jan 1991

A Proposal To Curb Congressional Interference With The National Endowment-For The Arts, Nancy Ravitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Reading Between The Lines: High Definition Television, Antitrust Reform And America's Chance To Get Back Into The Television Business, David L. Glotzer Jan 1991

Reading Between The Lines: High Definition Television, Antitrust Reform And America's Chance To Get Back Into The Television Business, David L. Glotzer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow Jan 1991

Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.

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Reply Comments Of National Bar Association And The National Association Of Black Owned Broadcasters, J. Clay Smith Jr. Oct 1990

Reply Comments Of National Bar Association And The National Association Of Black Owned Broadcasters, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

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Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden Oct 1990

Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden

Cardozo Law Review

No abstract provided.

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A Course On The Constitution, Thomas E. Baker, James E. Viator Sep 1990

A Course On The Constitution, Thomas E. Baker, James E. Viator

Journal of Legal Education

No abstract provided.

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Statistical Stigmata, Henry Louis Gates Jr. Jul 1990

Statistical Stigmata, Henry Louis Gates Jr.

Cardozo Law Review

No abstract provided.

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Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki Jun 1990

Electronic Media Access To Federal Courtrooms: A Judicial Response, Laralyn M. Sasaki

University of Michigan Journal of Law Reform

This Note examines the ongoing electronic media access dispute and suggests methods to establish access. Because reform of current law would be implemented largely at the judicial "front lines"-the 700-plus U.S. district judges' courtrooms ---the concerns and desires of district judges are of primary importance to any proposed change. The survey documented an institutional resistance to an expanded media presence in federal courtrooms; this institutional inertia may be the strongest single reason that change has not occurred. Part I of this Note presents the federal rules, canons, and resolutions comprising the current prohibition against video and audio-equipment access, as well …

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Myths And Misunderstandings, Michael I. Meyerson Apr 1990

Myths And Misunderstandings, Michael I. Meyerson

All Faculty Scholarship

This article explores the utility of the Holmsean marketplace of ideas when considering the regulation of different forms of communication technology.

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Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson Jan 1990

Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson

UC Law SF Communications and Entertainment Journal

In an "information age" dominated by mass media entertainment, graphic characters have become increasingly valuable commodities. Federal trademark law and state antidilution statutes provide alternatives to copyright law protection of such hot properties as the "Teenage Mutant Ninja Turtles." This Essay explores how courts determine the existence of secondary meaning in characters, as well as which aspects of a character, such as a costume or nickname, may receive protection. The Essay concludes with an examination of new trends introduced by the entertainment industry and the law of unfair competition.

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From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott Jan 1990

From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott

UC Law SF Communications and Entertainment Journal

This Article explores the often sexy landscape of satire and parody, asking the question, Has the law gone too far in denying plaintiffs recovery for satire that cannot be taken as literally true? The case of Pring v. Penthouse International provides the touchstone. The author addresses topics including Jerry Falwell's unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation of name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputations by raising suspicions that statements are based on …

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Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter Jan 1990

Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter

UC Law SF Communications and Entertainment Journal

High Definition Television (HDTV) promises a dramatic technological advancement in the quality of video and audio television. This Note asserts that local broadcast television networks must be allocated additional space on the electromagnetic spectrum to transmit the improved signals required for a competitive HDTV system in the United States. Unless additional spectrum frequencies are allocated for broadcast television, the spectrum presently allocated may be insufficient to satisfy all applicants. Therefore, a scheme must be developed to determine which applicants will be granted the right to use any additional frequencies. The author discusses various methods of assigning the spectrum and proposes …

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U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel Jan 1990

U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel

UC Law SF Communications and Entertainment Journal

The author describes the major communications policy forums and provides a directory of the principal individuals and organizations involved in creating the agendas of the forums and other major participants. The Directory covers federal, state, and some local government bodies, and key international communications forums. The Directory also lists academic research centers, policy journals, major conferences and seminar programs, foundations, and advocacy groups.

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California V. Fcc: A Victory For The States, Ann E. Rendahl Jan 1990

California V. Fcc: A Victory For The States, Ann E. Rendahl

UC Law SF Communications and Entertainment Journal

In California v. FCC, the Ninth Circuit invalidated the FCC's Computer III Order, a regulatory scheme that changed the method of regulating enhanced services. This Note evaluates the FCC's Computer III Order, focusing on the history of the computer inquiries and the ensuing policy debate between the FCC and state regulatory commissions. The Note analyzes the case law concerning the FCC's preemptive power under the Communications Act of 1934, including the U.S. Supreme Court's decision in Louisiana Public Service Commission and succeeding court of appeal decisions. The author describes the parties' arguments in California v. FCC, explains the Ninth Circuit's …

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State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris Jan 1990

State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris

UC Law SF Communications and Entertainment Journal

Prices for art works have risen enormously in recent years. For a museum to bring a major exhibition to the public often depends on the costs involved in insuring it. The Federal Arts and Artifacts Indemnity Act provides some relief from these expenses. Additionally, three states, Florida, Iowa, and Texas, have enacted similar statutes to aid their museums in hosting exhibitions not covered by the federal act. Do these state statutes really fill a need, and, if so, why do so few museums seem interested in them? The author concludes that state indemnity will help exhibitors and that disinterest on …

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The Electronic Communications And Privacy Act: Discriminatory Treatment For Similar Technology, Cutting The Cord Of Privacy, 23 J. Marshall L. Rev. 661 (1990), Timothy R. Rabel Jan 1990

The Electronic Communications And Privacy Act: Discriminatory Treatment For Similar Technology, Cutting The Cord Of Privacy, 23 J. Marshall L. Rev. 661 (1990), Timothy R. Rabel

UIC Law Review

No abstract provided.

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Personal Reflections On Art Law, Jessica L. Darraby Jan 1990

Personal Reflections On Art Law, Jessica L. Darraby

UC Law SF Communications and Entertainment Journal

No abstract provided.

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