Intellectual Property Law Commons^™

California Arts Legislation Goes Federal, Richard Mayer

UC Law SF Communications and Entertainment Journal

The author provides a unique perspective from which to view moral rights and resale royalty legislation-that of an artist. His article relates his personal insights into the inception and enactment of the California Resale Royalties Act, the California Art Preservation Act, and VARA. In doing so, he also explores the issues surrounding resale royalties and moral rights.

Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown

UC Law SF Communications and Entertainment Journal

VARA is the first federal legislation allowing American artists to protect their works' integrity and to be recognized as authors despite the continuing sale or other transfer of their art. Such privileges, known as "moral rights," have been an integral part of European law for over a century, and have been incorporated into many American states' laws within recent years. With the passage of VARA, the moral rights laws of many states became redundant. This note attempts to determine the extent to which VARA preempts state laws, focusing on the New York, California, and Massachusetts statutes.

Telecommunications Regulation, Imputation Policies And Competition, Alexander C. Larson, Steve G. Parsons

UC Law SF Communications and Entertainment Journal

This article provides an economic analysis and critique of imputation policies in telecommunications regulation. Imputation is a regulatory policy employed when a vertically integrated (i.e., end-to-end) regulated firm sells intermediate productive inputs in an "upstream" market to its own competitors in an end-user, or "downstream" market. The most common example of this regulatory policy is the imputations of access charges in state telecommunications regulation. It are used to guard against anticompetitive pricing practices and discriminatory pricing (i.e., price squeezes). This article uses regulatory and antitrust economics as well as antitrust case law to examine the efficacy of imputation policies. It …

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.

Self-Help & Contributory Infringement: The Law And Legal Thought Behind A Little 'Black-Box', Nicholas E. Sciorra

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fair Use Misconstrued: Profit, Presumptions, And Parody, William F. Patry, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Protection: Has Look & Feel Crashed?, John M. Walker Jr., Jessica D. Litman, Susan G. Braden, Anthony L. Clapes, Henry B. Gutman, Rochelle Cooper Dreyfuss, Frank J. Macchiarola, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Perfection Of Security Interests In Copyrights: The Peregrine Effect On The Orion Pictures Plan Of Reorganization, Steven Weinberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

China's Accession To The Berne Convention: Bandaging The Wounds Of Intellectual Property Piracy In China, Stephanie L. Sgambati

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Honoring Kevin Thomas Duffy On The Occasion Of His 20th Anniversary On The Federal Bench, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Tributes To Judge Kevin Thomas Duffy: A Good Friend, Georgene M. Vairo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Adequacy Of Compensation For Patent Infringement-An Analysis Of Monetary Relief Under 35 U.S.C. § 284, Edward V. Filardi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Kevin Thomas Duffy: A Judge In Action, J. Edward Lumbard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Some Thoughts On Judge Kevin Thomas Duffy, John F. Keenan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A View From Below, Denis J. Mclnerney

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

New York’S New “Son Of Sam” Law-Does It Effectively Protect The Rights Of Crime Victims To Seek Redress From Their Perpetrators? , Mark A. Conrad

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright Protection And Computer Programs: Identifying Creative Expression In A Computer Program's Nonliteral Elements, Lisa C. Green

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Cold Truth: Have Attorneys Really Chilled The Ski Industry?, Charles J. Sanders, Jacqueline Gayner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Chips Off The Trade Bloc: International Harmonization Of The Laws On Semiconductor Chips, Kim Feuerstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.