Entertainment, Arts, and Sports Law Commons^™

Summary Judgment On Substantial Similarity In Copyright Actions, Julie J. Bisceglia

UC Law SF Communications and Entertainment Journal

This article surveys reported summary judgment and summary adjudication opinions in which courts have ruled on the presence or absence of substantial similarity in copyright actions. Because summary judgment is so frequently granted to moving defendants on this issue, it is suggested that the current tests for substantial similarity are deficient; a different one is proposed.

Cyberspace, The Free Market And The Free Marketplace Of Ideas: Recognizing Legal Differences In Computer Bulletin Board Functions, Eric Schlachter

UC Law SF Communications and Entertainment Journal

Aspects of computers, communications and the media are all present in computer bulletin board technology. Different legal models have been applied to each of these elements when they have been considered individually. The blend of these elements in computer bulletin boards makes it difficult to determine which legal model is appropriate. This Essay takes a holistic approach to the problem, predicated on the belief that any solution to which model is appropriate must retain some of the careful balancing that is part of existing models. The Essay first outlines the contours of the "cyberspace" industry, including the functions of computer …

Shopping For The California Right Of Publicity, Barbara M. Lange

UC Law SF Communications and Entertainment Journal

California accords a celebrity both a statutory and a common law right of publicity. Recent Ninth Circuit decisions, while construing California statutes narrowly, have suggested a scope of California common law protection that is broader than, and different from, that indicated by California state court precedents. This Note summarizes the California statutory right of publicity and the common law right based on state appellate court cases, comparing them to the Ninth Circuit view in Waits v. Frito Lay, Inc. and White v. Samsung Electronics America, Inc. The author concludes that legislative action is necessary to define the scope of the …

Florida's Bungee Jumping Regulations: Why Other States Should Take The Plunge, Cindy Oakes

UC Law SF Communications and Entertainment Journal

Bungee jumping burst onto the American recreational scene with amazing momentum. As with many other dangerous recreational activities embraced by thrillseekers in recent years, many states were caught off guard with respect to regulating the sport. The rapid proliferation of bungee operations and the occurrence of several serious accidents highlighted the need for consistent, fair regulatory treatment among the states. The state of Florida has developed a comprehensive and thoughtful set of regulations, which can serve as a model for other states. This Note examines the development of bungee jumping as a popular American activity, explains how Florida's regulations affect …

Suing American Media In Foreign Courts: Doing And End-Run Around U.S. Libel Law, Kyu Ho Youm

UC Law SF Communications and Entertainment Journal

The ever-expanding transnational operations of the American media have resulted in a growing number of libel suits filed against the media in foreign countries. A 'small but disturbing and growing trend' among libel plaintiffs to sue American media abroad is illustrated in Bachchan v. India Abroad Publications, Inc. In the context of the significant implications of the growing number of cross-boarder libel suits against American media in foreign courts and particularly in English courts, this Article examines four questions: (1) What are the similarities and differences, if any, between American and English libel laws?; (2) How have libel cases been …

The Economic Case For The Coexistence Of Monopoly Power And Goodwill In The Cable Television Industry, Joshua G. Genser

UC Law SF Communications and Entertainment Journal

American Courts have pronounced that monopolies cannot have goodwill or that a monopoly's goodwill is of no value, because the monopolist's customers have no choice but to patronize the monopoly firm. This Article argues that this proposition does not withstand theoretical scrutiny. Application of basic economic principles establishes that the value of goodwill to a firm is directly related to the elasticity of demand for that firm's goods or services, but the monopoly power is insufficient, alone, to measure the elasticity of demand. The author also argues that the value of goodwill to a monopolist is also closely correlated with …

International Film Co-Production Tax And Subsidy Mechanisms, Margaret Moore

UC Law SF Communications and Entertainment Journal

International co-production agreements allow two or more countries to jointly produce films and television programming, thereby gaining tax incentives and national production subsidies. Co-production arrangements have resulted in films such as The Crying Game, Damage, and Prospero's Books.

This Article discusses current international co-production issues from the American producer's perspective. The Article is an exercise in global comparison, culminating in a discussion of the Council of Europe's proposal to standardize co-production rules and arrangements.

Researching The Right Of Publicity: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Federal And State Open Records Laws: Their Effects On The Internal Auditors Of Colleges And Universities, Michael D. Akers, Gregory J. Naples, Luke J. Chiarelli

Marquette Sports Law Review

No abstract provided.

Private Golf Clubs: Freedom Of Expression And The Right To Privacy, Thomas H. Sawyer

Marquette Sports Law Review

No abstract provided.

The Use Of Contract Interpretation By Professional Sports Arbitrators, James Gilbert Rappis

Marquette Sports Law Review

No abstract provided.

Book Review: An Athlete's Guide To Agents, 3rd Edition, Kathleen Heitzman

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

None

Contract Negotiations And Salary Arbitration In The Nhl…An Agent's View, Stephen J. Bartlett

Marquette Sports Law Review

No abstract provided.

Negotiations Involving Agents And General Managers In The Nhl, Brian Burke

Marquette Sports Law Review

No abstract provided.

Drafting Of Player Contracts & Clauses, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

Union Views Concerning Agents: With Commentary On The Present Situation In Major League Baseball, Donald Fehr

Marquette Sports Law Review

No abstract provided.

Ethics And The Representation Of Professional Athletes, George Cohen

Marquette Sports Law Review

No abstract provided.

Professional Sports Opportunities For American Female Athletes, Jill Jeffrey

Marquette Sports Law Review

No abstract provided.

Book Review: The Sports Lawyers Guide To Legal Periodicals, John T. Wolohan

Marquette Sports Law Review

No abstract provided.

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

Articles

Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.

Mslj Backissues, For The Record And For The Record Extra Newlsetters, And Videos Available Through The National Sports Law Institute

Marquette Sports Law Review

None

Practical Advice For Agents: How To Avoid Being Sued, Edward Vincent King Jr.

Marquette Sports Law Review

No abstract provided.

Selected Issues Of Client Representation By "Sports" Lawyers Under The Model Rules Of Professional Conduct, Daniel L. Shneidman

Marquette Sports Law Review

No abstract provided.

Negotiation Of Men's Basketball Contracts Abroad, David Adkins

Marquette Sports Law Review

No abstract provided.

The Screening Of Jacques Tati: Broadcasting And Cultural Identity In The European Community, Richard Collins

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 11, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Irish Broadcasting Act, 1990

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Polish Law Governing The Press (1992)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Russian Federation Law On Mass Media (1991)

Cardozo Arts & Entertainment Law Journal

No abstract provided.