Open Access. Powered by Scholars. Published by Universities.®

Communications Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3481 - 3510 of 4057

Full-Text Articles in Communications Law

West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins Jan 1987

West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins

UC Law SF Communications and Entertainment Journal

The Eighth Circuit recently held that Mead Data Central infringed West Publishing's copyright by using page numbers from West's case reporters in its computer-assisted legal research system, LEXIS. Mead Data Central intended to insert West's page numbers in its case database so that LEXIS users could have pinpoint citations to pages in West's case reporters. The author examines the opinion in detail, concluding that the court's decision stretched copyright protection too far. The author maintains that the unfortunate result of West Publishing Co. v. Mead Data Central should be changed through judicial action or legislative amendment to the Copyright Act. …

Go to article

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond Jan 1987

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

UC Law SF Communications and Entertainment Journal

In this commentary, the author analyzes the United States Supreme Court's decision in Philadelphia Newspapers, Inc. v. Hepps. While recognizing the Court's narrow holding, this commentary focuses attention on the vital defamation questions left unanswered by the Hepps decision.

Go to article

Law Of International Telecommunication In The United States, Stephen Barnett, Michael Botein, Eli Noam Jan 1987

Law Of International Telecommunication In The United States, Stephen Barnett, Michael Botein, Eli Noam

Books

No abstract provided.

Go to article

Dialing For Foreign Telecommunications Market Access: Is The United States Getting A Busy Signal From Japan?, Robert E. Boone, Iii Jan 1987

Dialing For Foreign Telecommunications Market Access: Is The United States Getting A Busy Signal From Japan?, Robert E. Boone, Iii

Vanderbilt Journal of Transnational Law

Japan is one country that appears to be following United States policies. On April 1, 1985, the Japanese Government converted Nippon Telegraph and Telephone Public Corporation (NTT) from a government-run, publicly-held corporation into a private entity. Japan adopted the Electric Telecommunication Business Act in December 1984 to create an environment in which private entities can compete. The full extent to which the Japanese Government intends to open its market to non-Japanese firms remains unclear. This Note will discuss the development of Japanese telecommunications policy and the current United States tele-communications policy with respect to market access. The Note then will …

Go to article

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson Jan 1987

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton Jan 1987

Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Expanding The Scarcity Rationale: The Constitutionality Of Public Access Requirements In Cable Franchise Agreements, Debora L. Osgood Oct 1986

Expanding The Scarcity Rationale: The Constitutionality Of Public Access Requirements In Cable Franchise Agreements, Debora L. Osgood

University of Michigan Journal of Law Reform

This Note argues that public access requirements should be upheld because they are constitutional and because they further the goals of the first amendment. As background for the debate over public access, Part I provides a brief description of cable television's history and regulation and discusses the case law concerning public access requirements. Part II examines the nature of the first amendment interests at stake in public access requirements. Before resolving the question of which interests should be protected, Part III argues that an expanded scarcity rationale should be used to justify cable regulation under the first amendment. Part IV …

Go to article

Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr. Apr 1986

Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.

Michigan Law Review

A Review of Misregulating Television: Network Dominance and the FCC by Stanley M. Besen, Thomas G. Krattenmaker, A. Richard Metzger, Jr. and John R. Woodbury

Go to article

Aid Or Obstruction? Government Regulation Of Cable Television Meets The First Amendment—Preferred Communications, Inc. V. City Of Los Angeles, 754 F.2d 1396 (9th Cir.), Affirmed In Part And Remanded, 54 U.S.L.W. 4542 (U.S. June 3, 1986) (No. 85-390), Robert G. Mitchell Apr 1986

Aid Or Obstruction? Government Regulation Of Cable Television Meets The First Amendment—Preferred Communications, Inc. V. City Of Los Angeles, 754 F.2d 1396 (9th Cir.), Affirmed In Part And Remanded, 54 U.S.L.W. 4542 (U.S. June 3, 1986) (No. 85-390), Robert G. Mitchell

Washington Law Review

In Preferred Communications, Inc. v. City of Los Angeles, the Ninth Circuit became the first circuit to limit, on first amendment grounds, a city's ability to deny a cable television company access to a local market. The Supreme Court's resolution of issues raised in Preferred Communications will have far-reaching impact, particularly with regard to the government's power to minimize the impact of cable television systems on government property and eliminate economic waste through duplicative service. This Note will examine the Ninth Circuit's use of the public forum doctrine in determining Los Angeles' power to restrict the use of its utility …

Go to article

Broadcasters' First Amendment Rights: A New Approach?, L. Allyn Dixon, Jr. Mar 1986

Broadcasters' First Amendment Rights: A New Approach?, L. Allyn Dixon, Jr.

Vanderbilt Law Review

The passage of the Public Broadcasting Act of 1967 offered the blueprint for the modern system of public broadcasting and regulation and largely freed noncommercial broadcasting to become a viable alternative to the commercial broadcasting" offered by the three national networks. Since becoming intimately involved in noncommercial broadcasting by providing partial funding, the federal government has imposed regulations on noncommercial broadcasters far more rigid than the restrictions imposed on commercial broadcasters. Recently, however, in a decision that some might regard as heralding greater equality between the first amendment rights of commercial and noncommercial broadcasters and continuing the trend toward loosening …

Go to article

Telecommunications And Black Americans: The Unmeasured And Untold Marketplace Factor, J. Clay Smith Jr. Feb 1986

Telecommunications And Black Americans: The Unmeasured And Untold Marketplace Factor, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Go to article

Joint Comments Of Howard University, The National Association Of Black-Owned Broadcasters, The National Bar Association And The National Conference Of Black Lawyers Communications Task Force, J. Clay Smith Jr. Jan 1986

Joint Comments Of Howard University, The National Association Of Black-Owned Broadcasters, The National Bar Association And The National Conference Of Black Lawyers Communications Task Force, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Go to article

The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir Jan 1986

The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission Policy Act of 1986 (Dole Bill) offers a possible end to the dual federal regulation of the United States telecommunications industry, and could have a marked effect on the industry structure developed from the divestiture of the seven former Regional Bell Operating Companies (RBOCs) from AT&T in 1982. Currently, the telecommunications industry is subject to overlapping regulation by the FCC and the United States District Court for the District of Columbia. The Dole Bill proposes consolidation of jurisdiction in the FCC. The Department of Justice, which is responsible for a tri-annual review of the continuing need …

Go to article

Forum And Substance: Introduction To The Symposium, Louis B. Schwartz Jan 1986

Forum And Substance: Introduction To The Symposium, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive …

Go to article

The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington Jan 1986

The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington

UC Law SF Communications and Entertainment Journal

In 1982, the United States District Court for the District of Columbia rendered its decision in United States v. AT&T, ordering the divestiture of AT&T as delineated in the Modified Final Judgment (MFJ) appended thereto. The divested Regional Bell Operating Companies are now seeking legislation which would effectively place enforcement of the MFJ into the hands of the Federal Communications Commission. The author examines the need for line-of-business restrictions, the constitutionality of the proposed transfer legislation, and the dangers to competition if such legislation is enacted. The author argues that enforcement of the line-of-business restrictions is necessary to promote fair …

Go to article

The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller Jan 1986

The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

The struggle between motion picture exhibitors and distributors has resulted in continually changing business practices within the film industry. In particular, state anti-blind bidding statutes have changed the way film distribution is handled in the United States. The author traces the history of film licensing and concludes that anti-blind bidding legislation was unwarranted and has damaged the smaller, independent exhibitors and distributors.

Go to article

The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter Jan 1986

The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter

UC Law SF Communications and Entertainment Journal

On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then divided among seven Regional Bell Operating Companies (RBOCs). The authors contend that the divestiture of AT&T and the Modification of Final Judgment (MFJ) appended thereto have created an anticompetitive marketplace through the imposition of line-of-business restrictions which in effect prevent the RBOCs from competing with AT&T. Moreover, the MFJ disregarded contemporaneous pro-competitive regulatory developments propagated by the Federal Communications Commission (FCC) which undercut the factual premises underpinning the line-of-business restrictions. The authors argue that the MFJ vests in the Department of Justice and the United …

Go to article

Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger Jan 1986

Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger

UC Law SF Communications and Entertainment Journal

In Apple Computer Co. v. Franklin Computer, Inc., 714 F.2d 1240 (3d Cir. 1983), the United States Court of Appeals held that computer programs expressed in object code are copyrightable. Given the indecipherable nature of object code, courts are now faced with the difficult problem of determining when such copying has occurred. The author analyzes one trial court's approach to this problem found in SAS Institute, Inc. v. S&H Computer Systems, 605 F. Supp. 816 (M.D. Tenn. 1985). The author criticizes the court's method, arguing that its approach relies too heavily on competing expert testimony, and may extend to copyright …

Go to article

The Changing Nature Of Communications Law Practice, Stuart N. Brotman Jan 1986

The Changing Nature Of Communications Law Practice, Stuart N. Brotman

UC Law SF Communications and Entertainment Journal

This article discusses the evolution of communications law practice over the past fifty years. The initial phase of communications law practice emphasized the lawyer's skill in administrative adjudications. In the second phase, the practitioner's focus shifted to the quasi-legislative activities found in the informal rulemaking process. Appellate litigation initiated by public-interest advocates during the 1960s marked another significant shift of focus from the Federal Communications Commission to the courts. Finally, the present and future course of communications deregulation represents yet another dramatic change in practice, emphasizing business negotiation skills as well as traditional modes of advocacy. The author chronicles these …

Go to article

Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel Jan 1986

Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel

UC Law SF Communications and Entertainment Journal

When confronted with regulations which permit others to have access to their media, cable television system owners, among others, have challenged such rules as abridging their first amendment right to editorial freedom. The author analyzes this defense by examining exactly what editorial freedom is, and why it is protected. He argues that editorial freedom is best understood as the right of consumers to receive information effectively, and thus to employ editors to provide so called editorial functions. After noting that these services are analogous to those generally provided by retailers, the author discusses the editorial functions performed by cable operators. …

Go to article

Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller Jan 1986

Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller

UC Law SF Communications and Entertainment Journal

Until the 1940s, motion pictures were almost always received, filmed, and shown in black-and-white. Recently, several companies have begun to mechanically add color to these old and often classic films. This process, known as colorization or color-recoding, has motion picture artists enraged. These filmmakers believe that no one should have the right to alter a completed work of art. The author reviews the background of this controversy, surveys several possible legal causes of action which filmmakers may use to protect their black-and-white films, and concludes that directors and other film artists are not powerless and can successfully use existing laws …

Go to article

Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit Jan 1986

Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit

UC Law SF Communications and Entertainment Journal

The European doctrine of droit moral, known as moral rights in the United States, has not, per se, been integrated into the American legal system. The author examines the development of the law of unfair competition as a remedy for artists seeking to protect the moral rights of paternity and integrity. The author asserts that section 43(a) of the Trademark Act of 1946 (Lanham Act) has been interpreted by courts as an effective remedy for artists' paternity interests. However, regardless of the holding in Gilliam v. American Broadcasting Companies, the author finds section 43(a) as unreliable to provide redress for …

Go to article

When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton Jan 1986

When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton

UC Law SF Communications and Entertainment Journal

The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …

Go to article

Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek Jan 1986

Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Go to article

Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus Jan 1986

Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus

UC Law SF Communications and Entertainment Journal

Citizens groups and both federal and state governments have recently expressed concern over the offensive content of some modern popular music. The author examines the potential for suppression of broadcast popular music by the Federal Communications Commission. The author concludes that, by virtue of the Communications Act of 1934, the Supreme Court's decision in FCC v. Paciica Foundation, 438 U.S. 726 (1978) and the federal judiciary's general failure to rigorously scrutinize FCC content regulatory initiatives, the FCC enjoys a degree of power over the content of broadcasting that is abhorrent to the first amendment. The author opines that regulation of …

Go to article

False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer Jan 1986

False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer

UC Law SF Communications and Entertainment Journal

In Time, Inc. v. Hill, 1967, the U.S. Supreme Court held that proof of actual malice was required for a plaintiff to prevail in a false light invasion of privacy suit resulting from publication of a matter of public interest. Seven years later in Gertz v. Robert Welch, Inc., the Court repudiated the matter-of-public interest standard in defamation actions in favor of a standard focusing on the status ofthe plaintiff. Courts and commentators began speculating on whether the Court in Gertz had, in effect, overturned Hill sub silentio. Analysis of more than forty false light opinions handed down since Gertz …

Go to article

Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer Jan 1986

Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer

UC Law SF Communications and Entertainment Journal

Since its advent, cable television has confused legislatures, courts, and commentators who have grappled with which first amendment regulatory model to apply to the medium-that of print, broadcast, or some hybrid of both. Preferred Communications, Inc. v. Los Angeles provides an opportunity to reduce the confusion. This commentary reviews the developmental and regulatory history of cable, discusses the background of the case, analyzes the United States Court of Appeals for the Ninth Circuit's opinion, and comments on the United States Supreme Court's opinion. Although the Supreme Court stopped short of endorsing a particular first amendment regulatory model, the author argues …

Go to article

Consumer Miscomprehension As A Challenge To Ftc Prosecutions Of Deceptive Advertising, 19 J. Marshall L. Rev. 605 (1986), Ivan L. Preston, Jef I. Richards Jan 1986

Consumer Miscomprehension As A Challenge To Ftc Prosecutions Of Deceptive Advertising, 19 J. Marshall L. Rev. 605 (1986), Ivan L. Preston, Jef I. Richards

UIC Law Review

No abstract provided.

Go to article

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan Jan 1986

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

Go to article

State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia Jan 1986

State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia

UIC Law Review

No abstract provided.

Go to article

First Prev Next Last