Entertainment, Arts, and Sports Law Commons^™

Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz

UC Law SF Communications and Entertainment Journal

Cable television companies can now provide two-way communications services allowing users to both receive and send messages. If unregulated, cable companies may gain an unfair advantage over the heavily regulated local telephone companies which formerly were the sole providers of two-way services. The author examines developments transforming the telecommunications industry and the classification of cable's two-way services as "non-cable services." The author recommends that cable companies be allowed to enter the telecommunications market and that their "non-cable services" be regulated under the same guidelines applicable to telephone companies providing similar services.

Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence

UC Law SF Communications and Entertainment Journal

The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.

Antitrust And Amateur Sports: The Role Of Noneconomic Values, Wendy T. Kirby, T. Clark Weymouth

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius

All Faculty Scholarship

As professional sports leagues increased their wealth and national prominence, the federal judicial system became uncomfortable with its characterization of sports as something other than a business. The Supreme Court reflected this change in policy in the 1950s by refusing to extend baseball's antitrust exemption to other sports. The application of the Sherman Act to all nonbaseball sports established the foundation for the forceful imposition of antitrust constraints on team owners in the sports litigation of the 1970s. These "revolutionary" decisions substantially eliminated the status of sports as a game or amusement insulated from the legal obligations of profit-making industries. …

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

UC Law SF Communications and Entertainment Journal

No abstract provided.

California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer

UC Law SF Communications and Entertainment Journal

Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …

Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman

UC Law SF Communications and Entertainment Journal

Federal copyright law provides a major source of protection for computer software. Due to the rapidly changing nature of software and the software market, however, software developers are asking the states for additional protection. The author examines the Software Enforcement License Act - an attempt by Louisiana to remedy the problems software authors face in the mass market and concludes that it is preempted by federal copyright law. The author suggests that amendment of the federal copyright law would be more appropriate and effective.

Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie

UC Law SF Communications and Entertainment Journal

A suit by the Chicago Cubs baseball organization attempting to overturn amendments to the Illinois Environmental Protection Act as well as a city ordinance which prohibited certain nighttime athletic contests failed. The principle argument advanced by the Cubs was that the legislation was designed solely to apply to the Cub's baseball park, Wrigley Field, and thus violated the special legislation prohibition of the Illinois Constitution. The court refused to accept this argument, taking the language of the statute on its face as also applying to future stadia. The author suggests that given the strong feelings of the city and state …

The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary

UC Law SF Communications and Entertainment Journal

The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.

Per Se Legality In Copyright Licensing, Lawrence J. Siskind

UC Law SF Communications and Entertainment Journal

There is an inherent tension between the law of antitrust and the law of copyright. While the former prevents monopolies, the latter creates them. In order to reconcile this conflict the author suggests application of a rule of per se legality to exclusive territorial licenses of copyrighted works. Such an approach would provide copyright holders with a certain legal standard, not now available under the indefinite Rule of Reason. The author argues that there is authority for such a rule of per se legality based on the Copyright Act of 1976, precedent in patent law and the concept of copyright …

Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman

UC Law SF Communications and Entertainment Journal

Should a film be labeled with the perjorative term "propaganda" simply by virtue of its political subject matter and its being made in a foreign country? The Foreign Agents Registration Act (FARA) was originally passed in 1938 as a means of informing the public that certain films and other material had been developed by the Nazi's and other "subversive" organizations. The author explores the recent Justice Department usage of FARA to label three Canadian films "political propaganda." The author concludes that the applicable section of FARA has a chilling effect that violates fundamental first amendment rights.

Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton

UC Law SF Communications and Entertainment Journal

Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.

Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack

UC Law SF Communications and Entertainment Journal

The FCC has regulated the ownership structure of the broadcasting industry in order to protect the public's interest in the free dissemination of diverse ideas. Citing the competition offered by new communications technologies, the FCC recently raised significantly the limits on group ownership of radio and television stations. This note argues that the premise behind ownership deregulation-that free market forces and the antitrust laws are sufficient guardians against excessive concentration-is flawed when considered in light of the first amendment underpinnings of the FCC's diversification policy. The author concludes that, while some deregulation may be necessary at this time, the FCC …

Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst

UC Law SF Communications and Entertainment Journal

Should courts find that a defamatory communication made between employees of the same corporation does not satisfy the publication requirement of the tort of defamation? The author examines case law on both sides of the publication issue and argues that neither the cases which established the "no publication rule" nor the theoretical underpinnings of the tort of defamation can support the requirement of publication in cases of intra-corporate communications. The author concludes that the traditional theory, finding a sufficient publication as soon as a third person has understood the communication as defamatory, reconciles the defamed individual's right to sound reputation …

Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker

UC Law SF Communications and Entertainment Journal

Newspaper owners presently have both the ability and the inclination to limit the flow of information to the public. One device they use to suppress the flow of information is the threat of discharging recalcitrant employees. The author explains the "checking" function of the press on the government and how that function is impaired by newspaper owners' tendencies to limit or suppress the publication of certain information. The author also discusses the dilemma faced by editors in adhering to their journalistic standards while still enforcing the newspaper owner's policies. The author proposes that California's bar against discharges motivated by purposes …

Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor

UC Law SF Communications and Entertainment Journal

The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.

Requiem For A Parody, Randall B. Hicks

UC Law SF Communications and Entertainment Journal

Although parody is a meritorious form of literary expression, parodists are often subject to allegations of copyright infringement based on substantial appropriation of copyrighted work. The author examines judicial applications of the "fair use" doctrine as codified in the multifactored balancing test of section 107 of the Copyright Act of 1976. The author finds the balancing test to be so vague that courts have virtually unbounded discretion in its application. Indeed, courts have abused their discretion in consistently finding no fair use in sexually-oriented or allegedly obscene parodies. The author concludes that the balancing test must either be applied without …

Descendible Publicity Rights: California's Grateful Dead, Peter H. Karlen

UC Law SF Communications and Entertainment Journal

Publicity rights, the rights to control the use of the name, likeness and photograph of a person, are now descendible by statute. The author examines recent legislation on publicity rights, specifically focusing on how it affects the descendibility of such rights. The author criticizes the legislation and proposes an alternative to what the Legislature has bequeathed to celebrities, their heirs, and the public.

Radio Deregulation And The Public Interest: Office Of Communication Of The United Church Of Christ V. Federal Communications Commission, Cindy Rainbow

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Antitrust: The Emerging Legal Issues (Symposium Introduction), John Scanlan

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

The Economic Realities Of Amateur Sports Organization, James V. Koch

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

"Don't Talk Of Fairness": The Chicago School's Approach Toward Disciplining Professional Athletes, Robert H. Heidt

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports

Held at Indiana University School of Law - March 1985

Alternative Broadcasting Arrangements After Ncaa, Byron L. Gregory, J. Craig Busey

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports

Held at Indiana University School of Law - March 1985

The Constitutionality Of Taking A Sports Franchise By Eminent Domain And The Need For Federal Legislation To Restrict Franchise Relocation, Thomas W. E. Joyce, Iii

Fordham Urban Law Journal

In 1985, two cities were in proceedings to each take over a sports franchises located within their respective cities. However, a number of constitutional limitations may prevent a city from taking sports franchises. This Note examines the constitutional public use, just compensation,right to travel and commerce clause limitations as applied to the taking of sports franchises by eminent domain. This Note concludes that eminent domain is an improper method of protecting cities' interests in preventing the relocation of sports franchises. Consequently, it suggests that only carefully drawn federal legislation can protect a city's interest in keeping its sports franchises without …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 4, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why Is This Sale Different From All Other Sales? Abrams V. Sotheby Parke Bernet, Inc., Joette Milians Blaustein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Out Of Unesco And Into Berne: Has United States Participation In The Berne Convention For International Copyright Protection Become Essential?, Leonard D. Duboff, Harvey J. Winter, Lewis Flacks, Michael Keplinger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 4 (1985)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Music Copyrights And Antitrust: A Turbulent Courtship, Simon H. Rifkind

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Employed Artists' Home Office Deductions In The Aftermath Of Weissman V. Commissioner: The Second Circuit's New Limited Exception For Taxpayer-Employees, Charles M. Flesch

Cardozo Arts & Entertainment Law Journal

No abstract provided.