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Articles 6451 - 6480 of 7197

Full-Text Articles in Entertainment, Arts, and Sports Law

Structuring Media Joint Ventures In The European Community, Anne Moebes Jan 1991

Structuring Media Joint Ventures In The European Community, Anne Moebes

UC Law SF Communications and Entertainment Journal

This article explores the compelling reasons why U.S. media firms should co-produce and distribute programming in the European Community. The article then outlines the various legal and practical hurdles to be anticipated by U.S. firms and suggests a plan to allow U.S. firms to structure to comply with legal restrictions without sacrificing the ultimate benefits to be gained. Attention is focused on the European Community's content restrictions on foreign programming, juxtaposed with the international implications of the Federal Communications Commission's recent financial-syndication rule changes. Finally, because copyright protection is an important consideration in any venture involving an audiovisual product, the …

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The Visual Artists Rights Act, Timothy M. Casey Jan 1991

The Visual Artists Rights Act, Timothy M. Casey

UC Law SF Communications and Entertainment Journal

This note introduces and provides a brief legislative history of the Visual Artists Rights Act (VARA) of 1990, an amendment to the copyright laws of the United States. The VARA gives protections to certain visual artists previously not accorded by United States law. This legislation makes United States law consistent with the terms of the Berne Convention by protecting the moral rights of artists. In addition, the VARA eliminates the disparities in current law among the individual states. Finally it gives U.S. artists the same rights as their counterparts in other industrialized countries. The Visual Artists Rights Act corrects the …

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The Struggle Over Performing Rights To Music: Bmi And Ascap Vs. Cable Television, Janet L. Avery Jan 1991

The Struggle Over Performing Rights To Music: Bmi And Ascap Vs. Cable Television, Janet L. Avery

UC Law SF Communications and Entertainment Journal

Broadcast Music, Inc. (BMI) chose not to sell or renew blanket licenses for the performance rights to music for cable television programmers and operators unless they agreed to pay substantially higher fees for the licenses than they had in the past. This lead to multiple law suits between BMI and the cable companies in which BMI claimed copyright infringement and the cable programmers and operators claimed antitrust violations, violation of a consent decree, and copyright misuse. The trial court in one of these cases found for BMI. The American Society of Composers, Authors, and Publishers (ASCAP) also attempted to increase …

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Telephonic Testimony In Criminal And Civil Trials, Eric Croft Jan 1991

Telephonic Testimony In Criminal And Civil Trials, Eric Croft

UC Law SF Communications and Entertainment Journal

Telephonic communication has been proposed as a partial solution to the growing expense in criminal matters and civil litigation across the United States. While courts and attorneys have generally accepted using the telephone for motion practice and oral argument, they have been reluctant to accept using the telephone to directly communicate a witness' testimony to the courtroom and jury. At the same time, courts generally allow a party to read a witness' deposition to the jury. This note argues that telephonic testimony is generally superior to the courtroom reading of a deposition in terms of the probative information each communicates …

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Introduction To Computer Law, Leonard D. Duboff Jan 1991

Introduction To Computer Law, Leonard D. Duboff

UC Law SF Communications and Entertainment Journal

This article introduces the reader to the computer law which is the basis for this symposium. It begins by tracing the history of the development of computers and then considers the parallel development of computer software. Next, it sketches some of the significant events which have marked the legal evolution of computer law. Finally, the author introduces the pieces which appear in this volume and provides a very brief summary of each.

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Researching The Law Of Motion Pictures: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1991

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

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The Case For Software Patent Protection, Willis E. Higgins Jan 1991

The Case For Software Patent Protection, Willis E. Higgins

UC Law SF Communications and Entertainment Journal

Some programmers, especially those in an academic environment, believe that strong intellectual property protection for software is undesirable. Other programmers, especially those in start-ups and small companies, find that copyright and patent protection for software is necessary to secure venture funding for product development. Such protection also allows them to protect their companies against competition by larger companies and others who would otherwise use the programmer's unprotected innovation without having to make a development effort comparable to that of the originator. Copyrights and patents promote economic growth and innovation in software by rewarding the creators of original works and inventions …

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Against Software Patents: The League For Programming Freedom, The League For Programming Freedom Jan 1991

Against Software Patents: The League For Programming Freedom, The League For Programming Freedom

UC Law SF Communications and Entertainment Journal

Software patents threaten to devastate the U.S. computer industry. Until the Supreme Court's decision in Diamond v. Diehr in 1981, computer software was viewed as unpatentable. Regardless of whether or not that decision and subsequent decisions expanding the scope of patent protection for computer software are legally correct, they are bad policy. Patent protection is inappropriate for computer software. The growing number of software patents, many for obvious and well-known techniques, threaten to stifle innovation and make the development of computer software prohibitively expensive.

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Introduction To The Software Patent Debate, Eric Croft Jan 1991

Introduction To The Software Patent Debate, Eric Croft

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin Jan 1991

Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin

UC Law SF Communications and Entertainment Journal

Minority tax certificates have emerged as an important factor in transactions involving broadcast and cable properties. Since 1989, minority tax certificates have been issued in connection with the sale of broadcast stations and cable television systems totalling over $1 billion. This article explains the origin and use of tax certificates, from both the buyer's and seller's perspective.

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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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Planning For Effective Risk Management: A Guide For Stadium And Arena Management, Bernard P. Maloy Jan 1991

Planning For Effective Risk Management: A Guide For Stadium And Arena Management, Bernard P. Maloy

Marquette Sports Law Review

No abstract provided.

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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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Artists, Grants And Rights: The Nea Controversy Revisited, Robert M. O'Neil Jan 1991

Artists, Grants And Rights: The Nea Controversy Revisited, Robert M. O'Neil

NYLS Journal of Human Rights

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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Professional Sports Leagues, Antitrust, And The Single-Entity Theory: A Defense Of The Status Quo, Michael S. Jacobs Jan 1991

Professional Sports Leagues, Antitrust, And The Single-Entity Theory: A Defense Of The Status Quo, Michael S. Jacobs

Indiana Law Journal

No abstract provided.

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College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose Jan 1991

College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose

Articles

No abstract provided.

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The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell Jan 1991

The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell

Cleveland State Law Review

The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …

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College Coaching Contracts: A Practical Perspective, Martin J. Greenberg Jan 1991

College Coaching Contracts: A Practical Perspective, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

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Preface, Judith M. Sweet Jan 1991

Preface, Judith M. Sweet

Marquette Sports Law Review

None

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A Face Off Between The National Hockey League And The National Hockey League Players' Association: The Goal A More Competitively Balanced League, Ian Craig Pulver Jan 1991

A Face Off Between The National Hockey League And The National Hockey League Players' Association: The Goal A More Competitively Balanced League, Ian Craig Pulver

Marquette Sports Law Review

No abstract provided.

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A High Price To Compete: The Feasibility And Effect Of Waivers Used To Protect Schools From Liability For Injuries To Athletes With High Medical Risks, Andrew Manno Jan 1991

A High Price To Compete: The Feasibility And Effect Of Waivers Used To Protect Schools From Liability For Injuries To Athletes With High Medical Risks, Andrew Manno

Kentucky Law Journal

No abstract provided.

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Whose Art Is It Anyway? Title Disputes And Resolutions In Art Theft Cases, Charles D. Webb Jr. Jan 1991

Whose Art Is It Anyway? Title Disputes And Resolutions In Art Theft Cases, Charles D. Webb Jr.

Kentucky Law Journal

No abstract provided.

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The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell Jan 1991

The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell

Cleveland State Law Review

The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …

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The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King Jan 1991

The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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