Communications Law Commons^™

The Recent Decline And Fall Of Freedom Of The Press In English Law, Vaughan T. Bevan

Vanderbilt Journal of Transnational Law

A television company broadcasts a program criticizing a nationalized corporation and disclosing documents passed to it secretly by one of the corporation's employees. The corporation asks the television company to reveal the identity of the employee. The television company refuses and eight of nine judges ultimately decide that the refusal is unjustified.

That, in essence, is the story of British Steel Corp. v. Granada Television, Ltd. If this situation had arisen in the United States, legal consequences probably would be unremarkable in view of the law's considerable experience with such matters. The novelty posed for English law, however, and the …

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.

Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz

Washington Law Review

During a prosecution for attempted murder, the trial judge determined that detailed reporting of the pretrial suppression hearing would jeopardize the defendant's right to a fair trial. Judge Swedberg therefore conditioned the media's attendance on their agreement to abide by the 1974 Washington State Bench-Bar-Press Guidelines. Federated Publications, publisher of the Bellingham Herald, refused to sign the agreement and refused to allow its reporters to attend solely in a nonprofessional capacity. It argued that conditioning media attendance on compliance with the Bench-Bar-Press Guidelines constituted a prior restraint and that the trial judge exceeded his power by excluding nonsigning media representatives. …

Unscrambling The Broadcasting Status Of Over-The-Air Subscription Television, Einar William Johnson

BYU Law Review

No abstract provided.

The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes

University of Michigan Journal of Law Reform

The purpose of this speech is to examine how the doctrine against prior restraint has evolved since the Pentagon Papers case. I intend to demonstrate that while traditional antipathy to prior restraint has for the most part remained strong, several recent cases foreshadow a dangerous expansion of well-established exceptions to the doctrine. To understand fully the significance of these recent cases, I will begin this lecture with a general discussion of the historical origins of the doctrine against prior restraint. I will then proceed with a critical overview of the landmark Pentagon Papers case, more formally called New York Times …

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …

The Courts In Broadcast Regulatory Policy-Making, Lawrence D. Longley, Erwin G. Krasnow, Herbert A. Terry

UC Law SF Communications and Entertainment Journal

In the early decades of broadcast regulation, the regulatory process was dominated by (and largely restricted to) three major participants--Congress, the Federal Communications Commission (FCC), and the industry itself. This balance of forces has now been altered by the increased involvement of three new participants in broadcast regulatory policy making the public, in the form of citizen groups; the White House, by means of special advisory bodies, appointment powers, budgetary control, and active communication-oriented divisions of Cabinet level agencies; and the courts, in the form of judicial opinions prescribing and precluding FCC policy initiatives. These three new activist participants in …

Control Of, And Access To, On-Line Computer Data Bases: Some First Amendment Issues In Videotex And Teletext, Henry Beck

UC Law SF Communications and Entertainment Journal

Information stored in centralized data banks is now accessible by home computer over telephone and cable networks, and through over-the-air broadcasting. The proprietors of these data banks may be said to "publish" their information each time an end-user retrieves information from their data bases. If taken seriously, this concept of "electronic publication" raises important first amendment questions.

After a brief introduction to the nature of the new medium, this article discusses some of the first amendment issues involved in access to stored information bases and the "mirror image" problem of controlling such stored information. Because many of the potential first …

Federal Preemption Of State Obscenity Law Applied To Broadcasting, William Hanks, Steve Coran

UC Law SF Communications and Entertainment Journal

With the expansion of cable and free-air subscription television into more markets, interstate transmission by satellite and by broadcasting have frequently included R-rated movies. This increases the likelihood that states will apply obscenity laws and other laws related to program content to television programming. This article argues that state obscenity laws applied to broadcasting are preempted by federal law. There are several grounds for concluding that Congress intended to preempt: (1) the Communications Act empowered the FCC to establish a nationwide telecommunications system, and it is probable that state obscenity laws would conflict with each other and with federal broadcast …

Cable Television Secured Financing, Robert G. Weiss, Alan G. Benjamin

UC Law SF Communications and Entertainment Journal

Lenders financing cable television construction and operation commonly use the cable television system itself as collateral. This article focuses on the documentation requirements and the legal impediments to realization of anticipated cash flow. Documentation includes the security agreement and the financing statement; this article also examines documentation in relation to the municipal franchise. Legal impediments include rate controls, recent developments in antitrust law and competition from alternative technological systems such as subscription television, direct broadcast satellite, multipoint distribution service, satellite master antenna television, low power television and home view networks.

People Ex Rel. Gow V. Mitchell Brothers: California Gropes For A Civil Obscenity Standard, Peter F. Frost

UC Law SF Communications and Entertainment Journal

Recent years have seen an increase in the number of civil nuisance actions to restrain the exhibition of obscenity. Authorities have split over whether civil or criminal procedural standards should govern such actions. The California Court of Appeal, in People ex rel. Gow v. Mitchell Brothers Theatre, has addressed some of these issues. The author examines the court's reasoning regarding the appropriate remedies and standard of proof in such actions. In addition, the author addresses the propriety of a jury trial, concluding that a jury trial should be a matter of right in the determination of obscenity.

Mississippi's Prohibition Of Alcoholic Beverage Advertising: A Constitutional Analysis, Charlotte K. Ito

UC Law SF Communications and Entertainment Journal

Mississippi prohibits alcoholic beverage advertising to further its interest in promoting temperance. This note applies the first amendment commercial speech standard to the advertising ban and concludes that the alcoholic beverage advertising ban is an unconstitutional restraint of free speech. Further consideration of the interplay between the first and twenty first amendments indicates that to the extent that the ban violates first amendment interests, it is unsupported by the twenty first amendment.

Feature Film Secured Financing: A Transactional Approach For Lender's Counsel, Robert G. Weiss, Alan G. Benjamin

UC Law SF Communications and Entertainment Journal

The authors describe the legal techniques that can be used by a secured lender's counsel to reduce the risks attendant upon the interim financing of feature films. The authors tell counsel how to accomplish the essential and inter-related tasks of (1) defining, perfecting and protecting a security interest in the feature film and related collateral; (2) assuring timely and on-budget delivery of the feature film; and (3) assuring receipt of promised presale advances used to "take out" the interim lender.

Copyright Infringement: An Argument For The Elimination Of The Scenes A Faire Doctrine, Don M. Tamura

UC Law SF Communications and Entertainment Journal

This note deals with a relatively obscure aspect of copyright law-the scones a faire doctrine. In recent years it has gained popularity as a defense for potential infringers. The note first discusses the background of copyright law and the elements of a copyright infringement action. Then, two major theories and a procedural methodology are outlined before the scones a faire doctrine is defined and analyzed. After comparing the doctrine with the established theories of copyright protection, the author concludes that the doctrine is seriously flawed and conflicts with the other theories.

Divorce In The Entertainment Industry - Some Special Problems, Ovvie Miller

UC Law SF Communications and Entertainment Journal

Lawyers representing divorce clients in the entertainment industry are often presented with cases where the parties have substantial variations in annual income. Claims involving characterization and valuation of unique assets such as "right of publicity" also arise regularly. The legal background of these matters is reviewed from the perspective of California and New York law. The author offers practical advice to the lawyer who may have a case where these issues are presented.

Fair Use And Audiovisual Criticism, Brian S. O'Malley

UC Law SF Communications and Entertainment Journal

The doctrine of fair use, recently codified at 17 U.S.C. § 107, has long been recognized as a defense to infringement actions where excerpts of a copyrighted work were used in a criticism of that work. Two recent

cases, however, Iowa State University v. ABC and Roy Export v. CBS, have rejected defenses of fair use of audiovisual excerpts. This note traces the history of the fair use doctrine as it has been used in cases involving criticism, and as it has been applied to visual and audiovisual materials. The author proposes a "subject of the criticism" analysis for examining …

The Author, The Irs And Prepublication Expenditures, David Walton

UC Law SF Communications and Entertainment Journal

Authors have customarily deducted expenditures incurred in preparing a book for publication. The IRS has taken the position that such expenditures should be capitalized and then amortized. In the recent case of Faura v. Commissioner, the Tax Court allowed authors to deduct prepublication expenditures rather than capitalize them. In 1976, section 280 was added to the Internal Revenue Code by the 1976 Tax Reform Act. This section appears to require authors to capitalize prepublication expenditures for books. The Tax Reform Act of 1976 also contained section 2119 which allows authors to deduct prepublication expenditures until regulations are promulgated concerning them. …

A Media Labor Law Symposium: Introduction, David Tajgman

UC Law SF Communications and Entertainment Journal

No abstract provided.

Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Gail Fleming Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Personal Contracts For Bargaining Unit Employees - An Analysis Of Media Labor Implications, Victor Strimbu

UC Law SF Communications and Entertainment Journal

No abstract provided.

Direct Broadcast Satellites: Fcc Adopts Open Skies Policy For Space Age Technology, Jeff Edward Johnson

UC Law SF Communications and Entertainment Journal

The direct broadcast satellite (DBS) is a new telecommunications device which will allow individual home reception of satellite transmissions. The Federal Communications Commission has recently authorized the expeditious implementation of DBS systems. The author examines the FCC's free market approach to the development of this space age technology. In particular, the author analyzes the FCC's policy of imposing minimal regulation on DBS systems and the projected impact of DBS on local broadcasters.

Labor And The Media In The Eighties, Robert M. Segal

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver

UC Law SF Communications and Entertainment Journal

Since 1976, when the United States Supreme Court decided Young v. American Mini Theaters, municipalities across the country have enacted zoning ordinances regulating adult entertainment, patterned after the ordinance upheld in Young. Unlike the ordinance in Young, many of these later ordinances have resulted in limitations upon protected speech. This note suggests a framework for analyzing the constitutionality of ordinances and moratoria which regulated the location of adult entertainment establishments.

Can A Computer Be An Author - Copyright Aspects Of Artificial Intelligence, Timothy L. Butler

UC Law SF Communications and Entertainment Journal

This note discusses the impact of current advances in computer science upon traditional copyright notions of authorship and originality. Finding that certain works created largely by computer are outside the ambit of federal copyright law, yet in need of protection for traditional policy reasons, the author explores several alternatives for providing copyright protection. A solution is proposed wherein the court presumes human authorship in machine created works, then, after ascertaining that the work meets the other requirements of federal copyright law, determines which individual is most deserving of copyright ownership.

The At&T Agreement: Reorganization Of The Telecommunications Industry And Conflicts With Illinois Law, 15 J. Marshall L. Rev. 563 (1982), Frederic D. Tennenbaum, Michael P. Hurst

UIC Law Review

No abstract provided.

Osha, Niosh And The Vdt Issue, L. Peyton Hendricks

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart

UC Law SF Communications and Entertainment Journal

This article discusses the interrelationship between the immigration and tax laws as they affect foreign entertainers and athletes. A survey of the types of visas available and the effect of those classifications upon taxation is examined. Additionally, the article outlines the reporting requirements of foreign entertainers, and emphasizes careful planning in structuring immigration and tax matters.

Vdts As A Health Problem: The Newspaper Guild's Experience, David J. Eisen

UC Law SF Communications and Entertainment Journal

No abstract provided.

Collective Bargaining Issues In Newspapers, John B. Jaske

UC Law SF Communications and Entertainment Journal

No abstract provided.

Hiring Referral Systems - Priority And Liability, Donald F. Sugerman

UC Law SF Communications and Entertainment Journal

No abstract provided.