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Full-Text Articles in Intellectual Property 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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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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The Right Of Publicity: Star Vehicle Or Shooting Star?, Barbara Singer Jan 1991

The Right Of Publicity: Star Vehicle Or Shooting Star?, Barbara Singer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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New Technologies On The Block: New Kids On The Block V. News America Publishing, Inc. , Randy S. Frisch Jan 1991

New Technologies On The Block: New Kids On The Block V. News America Publishing, Inc. , Randy S. Frisch

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson Jan 1990

Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson

UC Law SF Communications and Entertainment Journal

In an "information age" dominated by mass media entertainment, graphic characters have become increasingly valuable commodities. Federal trademark law and state antidilution statutes provide alternatives to copyright law protection of such hot properties as the "Teenage Mutant Ninja Turtles." This Essay explores how courts determine the existence of secondary meaning in characters, as well as which aspects of a character, such as a costume or nickname, may receive protection. The Essay concludes with an examination of new trends introduced by the entertainment industry and the law of unfair competition.

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From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott Jan 1990

From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott

UC Law SF Communications and Entertainment Journal

This Article explores the often sexy landscape of satire and parody, asking the question, Has the law gone too far in denying plaintiffs recovery for satire that cannot be taken as literally true? The case of Pring v. Penthouse International provides the touchstone. The author addresses topics including Jerry Falwell's unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation of name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputations by raising suspicions that statements are based on …

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Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter Jan 1990

Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter

UC Law SF Communications and Entertainment Journal

High Definition Television (HDTV) promises a dramatic technological advancement in the quality of video and audio television. This Note asserts that local broadcast television networks must be allocated additional space on the electromagnetic spectrum to transmit the improved signals required for a competitive HDTV system in the United States. Unless additional spectrum frequencies are allocated for broadcast television, the spectrum presently allocated may be insufficient to satisfy all applicants. Therefore, a scheme must be developed to determine which applicants will be granted the right to use any additional frequencies. The author discusses various methods of assigning the spectrum and proposes …

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U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel Jan 1990

U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel

UC Law SF Communications and Entertainment Journal

The author describes the major communications policy forums and provides a directory of the principal individuals and organizations involved in creating the agendas of the forums and other major participants. The Directory covers federal, state, and some local government bodies, and key international communications forums. The Directory also lists academic research centers, policy journals, major conferences and seminar programs, foundations, and advocacy groups.

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California V. Fcc: A Victory For The States, Ann E. Rendahl Jan 1990

California V. Fcc: A Victory For The States, Ann E. Rendahl

UC Law SF Communications and Entertainment Journal

In California v. FCC, the Ninth Circuit invalidated the FCC's Computer III Order, a regulatory scheme that changed the method of regulating enhanced services. This Note evaluates the FCC's Computer III Order, focusing on the history of the computer inquiries and the ensuing policy debate between the FCC and state regulatory commissions. The Note analyzes the case law concerning the FCC's preemptive power under the Communications Act of 1934, including the U.S. Supreme Court's decision in Louisiana Public Service Commission and succeeding court of appeal decisions. The author describes the parties' arguments in California v. FCC, explains the Ninth Circuit's …

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State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris Jan 1990

State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris

UC Law SF Communications and Entertainment Journal

Prices for art works have risen enormously in recent years. For a museum to bring a major exhibition to the public often depends on the costs involved in insuring it. The Federal Arts and Artifacts Indemnity Act provides some relief from these expenses. Additionally, three states, Florida, Iowa, and Texas, have enacted similar statutes to aid their museums in hosting exhibitions not covered by the federal act. Do these state statutes really fill a need, and, if so, why do so few museums seem interested in them? The author concludes that state indemnity will help exhibitors and that disinterest on …

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Personal Reflections On Art Law, Jessica L. Darraby Jan 1990

Personal Reflections On Art Law, Jessica L. Darraby

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Children Watching Television Advertising: What's Wrong With This Picture, Peter Hallifax Jan 1990

Children Watching Television Advertising: What's Wrong With This Picture, Peter Hallifax

UC Law SF Communications and Entertainment Journal

In 1983 the FCC abandoned its role as regulator of children's television advertising. Since then, Congress has been trying, so far without success, to enact legislation compelling the FCC to resume its former role. This Note reviews the history of children's television advertising regulation, examines the need for such rules, and concludes that the type of rules contemplated by Congress presume that television advertising directed at children is inherently deceptive. The Note concludes that this presumption is unwarranted, and that the issue should be fully. explored before laws which restrict children's viewing choices are enacted.

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California Lawyers For The Arts, Alma Robinson Jan 1990

California Lawyers For The Arts, Alma Robinson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Emma Bovary, Nathan Marx And The Writer's Art, Vivian Deborah Wilson Jan 1990

Emma Bovary, Nathan Marx And The Writer's Art, Vivian Deborah Wilson

UC Law SF Communications and Entertainment Journal

In this Essay, the author addresses censorship by examining public reaction to two literary works: Flaubert's Madame Bovary and Roth's Defender of the Faith. She presents the dangers of silencing writers to prevent readers from finding in these writings "confirmation for their own fully-developed intolerance, bigotry, hatred and violence."

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Functionality Doctrine In Trade Dress And Copyright Infringement Actions: A Call For Clarification, Beth F. Dumas Jan 1990

Functionality Doctrine In Trade Dress And Copyright Infringement Actions: A Call For Clarification, Beth F. Dumas

UC Law SF Communications and Entertainment Journal

The design features of a useful article will not qualify for either copyright or trade dress protection if they are considered functional. The functionality doctrine is an elusive one; in the trade dress arena, courts have experienced considerable difficulty in setting forth functionality tests clearly. The author synthesizes several functionality standards from recent case law and discusses the merits of each. This Note suggests that in trade dress cases courts should distinguish between mechanical and non-mechanical products and apply different tests to each.

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