Entertainment, Arts, and Sports Law Commons^™

Going Once, Going Twice, Sold: The First Sale Doctrine Defense In Right Of Publicity Actions, Nannette Diacovo

University of Miami Entertainment & Sports Law Review

No abstract provided.

Ownership Control Over Professional Sports Teams' Payrolls: Could Anyone Have Stopped Tom Werner From Dismantling The San Diego Padres?, L. Patrick Auld

University of Miami Entertainment & Sports Law Review

No abstract provided.

Copyright: Same Song, Different Verse: Parody As Fair Use After Campbell V. Acuff-Rose Music, Inc., L. David Mcbride

Oklahoma Law Review

No abstract provided.

Swifties, Shifties, And That E-Biz Jazz: The Ethical Roles Of Attorney/Literary Agents, Bruce S. Stuart

UC Law SF Communications and Entertainment Journal

It is no secret that attorney authors are making their mark on the book publishing industry as books by and about lawyers occupy more than a fair share of both THE NEW YoRK TIMES and PUBLISHER'S WEEKLY bestseller lists. But what about the lawyers behind the scenes-those who broker those bestseller deals? From the late literary agent extraordinaire Swifty Lazar to power literary deal maker Morton Janklow, this Article will examine how the attorney literary agent evolved and the ethical considerations incumbent upon attorneys who also don the hat of author representative.

This article will demonstrate through the use of …

Facilitating Telemedicine: Reconciling National Access With State Licensing Laws, Stacey Swatek Huie

UC Law SF Communications and Entertainment Journal

Telemedicine is a growing phenomenon which is being promoted by the states, the federal government, and private groups. Telemedicine offers many benefits not available through traditional forms of medical practice. As certain practices involved in telemedicine conflict with state licensing laws, a solution balancing the needs of telemedicine against the states' interest in preserving the health and safety of their citizens is needed if telemedicine is to prosper. This Note outlines the benefits and problems associated with telemedicine, discusses the current state licensing laws and the dangers those laws seek to prevent, and proposes solutions reconciling the two.

Reducing The Cost Of Free Expression: A Call For Fee Shifting In Cases Challenging Freedom Of Expression, Neil I. Shapiro, Ross D. Tillman

UC Law SF Communications and Entertainment Journal

Those who offer information or express ideas, whether in book, essay, film, or music, and those who distribute or sell the vehicles for such expression have sometimes been sued by individuals claiming physical or emotional injury allegedly flowing from such expression. Suits have included claims that reliance on factual or quasi-factual representations in expressive or informative works resulted in injury to the plaintiff, as well as claims that such works influenced the conduct of third parties who in turn inflicted injury on the plaintiff.

While those faced with such claims routinely prevail, the costs of so doing can be substantial. …

Medical Device Eligibility For The Statutory Experimental Use Exception To Patent Infringement, Veronica Lanier

UC Law SF Communications and Entertainment Journal

Federal patent laws grant exclusive rights to inventors and prohibit infringement of these rights. The Food, Drug, and Cosmetic Act (FDCA) exempts from patent infringement activities undertaken to meet regulatory requirements that delay commercial marketing of certain products regulated by the FDCA. The Supreme Court held the exception applicable to medical devices subject to significant premarket regulatory delay, but the recent district court decision of Baxter Diagnostics, Inc. v. AVL Scientific Corp. restricted the experimental use exception to those medical devices that must meet specific premarket approval requirements. This Note examines the codification and judicial interpretation of the statutory experimental …

The Know-How Gap In The Trips Agreement: Why Software Fared Badly, And What Are The Solutions, J. H. Reichman

UC Law SF Communications and Entertainment Journal

The TRIPS Agreement establishes universal minimum standards of intellectual property protection that will enable software producers to repress the wholesale duplication of their products in the global marketplace. These standards, however, will not effectively require World Trade Organization member states to issue software patents or to provide copyright protection for the functionally determined components of computer programs that account for most of their commercial value. Nor does this Agreement prevent the reverse engineering of technical ideas by honest means if competitors express their analytical results in independently created programs.

This Article discusses the impact of the TRIPS provisions governing patents, …

Software Patents: Myth Vs. Virtual Reality, Jeffrey J. Blatt

UC Law SF Communications and Entertainment Journal

This Article discusses issues concerning the patenting of software-related ideas. It provides a brief history of the law concerning patents related to algorithms up to the Federal Circuit's recent decision in In re Alappat. The Article then discusses various myths related to the lack of availability for software patent protection, the type of companies that are obtaining software patents, copyright protection versus patent protection, unavailability of trade secret protection in conjunction with a patent application, and the enforceability of software patents and other myths.

Commentary: Copyright From Stone Age Caves To The Celestial Jukebox, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

On December 18, 1994, a group of exquisite and incredibly well-preserved Stone Age paintings were discovered in the mountains of southern France. Because the presence of visitors would hasten the artwork's deterioration, the public will likely not be allowed to view the paintings. Fortunately, a mere month after their discovery, images of the prehistoric art appeared on the Internet and have been transmitted around the world on commercial and noncommercial systems. The author utilizes this archeological cache as both an example of the uses of advanced information technology and a colorful fact pattern to explore many of the challenges facing …

The Benefits Of Alternative Dispute Resolution In Intellectual Property Disputes, Miriam R. Arfin

UC Law SF Communications and Entertainment Journal

There are numerous reasons for avoiding traditional litigation in intellectual property disputes. Given the often complex nature of intellectual property cases, litigation may not always offer the best method of resolution. By contrast, Alternative Dispute Resolution (ADR) processes can offer distinct advantages over litigation. Consequently, ADR should play a greater role in these intellectual property disputes. This Article illustrates the advantages of ADR in intellectual property disputes through a case study, and explores various options within the ADR process. The Article focuses on the United States District Court for the Northern District of California, and provides a method for choosing, …

The Data Transfer Industry: Communications Regulation For The Next Century, Robert S. Tanner

UC Law SF Communications and Entertainment Journal

Technology and competition are pushing a trend of convergence in the separate communications industries. In particular, telephone and cable companies are rapidly developing or acquiring the capacity to compete in each other's businesses. The evolution of this trend will be a larger unified marketplace where companies compete broadly in many forms of communications or data transfer. Companies in the data transfer industry will need to be able to make the most efficient use of their infrastructure to provide an array of services to the consumer.

Convergence has strained the fabric of existing communications law in the United States, and it …

Reforming Telecommunications Policy In Response To Entry Into Local Exchange Markets, Alexander C. Larson

UC Law SF Communications and Entertainment Journal

Current telecommunications regulation is based on a series of economic assumptions. The author considers these assumptions and analyzes their continued validity, given the emergence of local exchange competition as seen in the Rochester, New York plan. The author discusses entry barriers to local exchange and the effects of the Department of Justice 1992 Merger Guidelines. The author concludes with a summary of policy recommendations arising from entry into local exchange markets and the necessity of future policy reevaluation.

Swerving To Avoid The Takings And Ultra Vires Potholes On The Information Superhighway: Is The New York Collocations And Telecommunications Policy A Taking Under The New York Public Service Law, Leonard M. Baynes

UC Law SF Communications and Entertainment Journal

The Supreme Court has established definitive tests to determine whether a regulation amounts to a ."taking" under the Fifth Amendment. Regulatory agencies, fearful that they will have to compensate property owners for any interest courts deem to have been "taken," structure regulations to avoid such a finding. The author examines the "per se" and "regulatory" takings jurisprudence applicable to the New York collocation regime. The author then examines each of the New York Public Service Commission orders that create its collocation policy to determine whether New York Telephone Co.'s property was "taken" under the New York Public Service Law, thus …

American Geophysical Union V. Texaco: Is The Second Circuit Playing Fair With The Fair Use Doctrine, Shannon S. Wagoner

UC Law SF Communications and Entertainment Journal

In American Geophysical Union v. Texaco, the Second Circuit held that a corporate employee's unauthorized photocopying of eight journal articles for personal research and reference is not a fair use under the Copyright Act. This decision tested the legal parameters of photocopying by for-profit institutions, and established that traditional copying practices will now expose many private organizations to infringement liability. This Note examines the Texaco case, the Copyright Act, and the Copyright Clearance Center, an organization which played a pivotal role in the Second Circuit's decision. The author contends that the Texaco decision is contrary to the original purpose of …

The Future Of Sports Merchandise Licensing, Julie A. Garcia

UC Law SF Communications and Entertainment Journal

Sports merchandise licensing has become a major aspect of the sports business. The four major sports leagues currently use a form of revenue sharing to split the royalties received from the multibillion dollar sales of licensed sports merchandise. The current system for dividing the proceeds has raised a number of questions; namely, do the antitrust laws prohibit sharing of such proceeds, and, if not, is the current system for dividing money fair to all parties? This note examines some of the possibilities as to the future of merchandising rights. They could become the subject of congressional legislation, as did the …

A Proposed Defamation Standard For Commercial Information Systems, Frank P. Darr

UC Law SF Communications and Entertainment Journal

The computer bulletin board presents a difficult legal problem when defamation is at issue. Because defamation standards vary with the role of the publisher in the distribution process, the legal responsibility of the bulletin board's sponsor is uncertain.

This Article criticizes the current analogical approach used by the courts. It also rejects the negligence and strict liability rules. Instead, the Article proposes a "reason to know and reasonable time to remove standard," which comports with constitutional requirements, practical limits to preventing defamation, and the countervailing need to prevent injury.

Introduction: Gender Equity In Sports, Richard E. Lapchick

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Introduction To The Thirty-Fifth Annual Theodore L. Reimel Moot Court Competition , Joseph Dellapenna

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Decision Of The National League Of Baseball Clubs To Deny The Purchase And Transfer Of A Franchise To A City Not Currently The Home Of A Major League Team Is Governed By Section One Of The Sherman Act, Joanne M. Judge

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Agincourt Campaign And The Law Of War, A. W.B. Simpson

Michigan Journal of International Law

Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron

The University Community: Pursuit Of The Promise Of The New Media, Georgia K. Harper

Cardozo Arts & Entertainment Law Journal

I would like to convey a sense of the university community's needs regarding the development of the National Information Infrastructure ("NII") by examining the following points: (1) experimental projects involving users and producers of information, in our case, libraries and publishers, should play a crucial role in defining the new rules of the road; (2) fair use is a necessary backdrop to such experimentation, but it may become less important in the future; and (3) certain principles which will lay the foundation for the exchange of electronic information as well as guide the development of the NII must be enumerated …

In The Heat Of Competition: Tort Liability Of One Participant To Another: Why Can't Participants Be Required To Be Reasonable, Ray Yasser

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine

Michigan Journal of International Law

This note undertakes to examine authors' moral rights in non-European countries. Section I will provide a brief comparative description of moral rights. Section II will discuss the treatment of moral rights in the Berne convention and the TRIPS agreement. Section III will then examine moral rights law in India and Israel, and two important cases from these nations, Mannu Bhandari v. Kala Vikas Pictures from India, and Qimron v. Shanks, from Israel. Mannu Bhandari deals with an author's moral right in the film adaptation of her work, Qimron with the moral rights of a scholar in the reconstruction of one …

The Unequal Playing Field - Exclusion Of Male Athletes From Single-Sex Teams: Williams V. School District Of Bethlehem, Pa, Renee Forseth

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Progress In Gender Equity: An Overview Of The History And Future Of Title Ix Of The Education Amendments Act Of 1972, Renee Forseth

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Lottery In United States V. Edge Broadcasting Co.: Vice Or Victim Of The Commercial Speech Doctrine, Laura J. Schiller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Financial Disparity As Evidence Of Discrimination Under Title Ix, Anne Bloom

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Title Ix: What Is Gender Equity, George A. Davidson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A History And Analysis Of Baseball's Three Antitrust Exemptions, Joseph J. Mcmahon Jr.

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.