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Articles 2761 - 2790 of 3052

Full-Text Articles in Intellectual Property Law

Sobering News For The Alcohol Industry, Amanda Grove Jan 1989

Sobering News For The Alcohol Industry, Amanda Grove

UC Law SF Communications and Entertainment Journal

On November 18, 1989, the Alcoholic Beverage Labeling Act of 1988 will become operative. As a result of this new federal law, all alcoholic beverage containers will be required to bear a government warning label. This note focuses on the past, present, and future of alcohol warning label legislation. First, the author traces the history and development of state and federal alcohol warning label legislation, analyzing key factors which led to passage of the Alcoholic Beverage Labeling Act of 1988. Next, the author critically examines the Act, highlighting omissions and proposing improvements. Finally, the author explores sources of continuing pressure …

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Artists' Rights: The Kennedy Proposal To Amend The Copyright Law: Introduction, Leonard D. Duboff Jan 1989

Artists' Rights: The Kennedy Proposal To Amend The Copyright Law: Introduction, Leonard D. Duboff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Impact Of Berne On United States Copyright Law, David Nimmer Jan 1989

The Impact Of Berne On United States Copyright Law, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo Jan 1989

The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer Jan 1989

Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Case Against An American Droit De Suite, Gilbert S. Edelson Jan 1989

The Case Against An American Droit De Suite, Gilbert S. Edelson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Expanding Proprietary Entitlements And The Public Interest In Dissemination Of Art, Robin A. Morris Jan 1989

Expanding Proprietary Entitlements And The Public Interest In Dissemination Of Art, Robin A. Morris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi Jan 1989

A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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In Support Of The Resale Royalty, Thomas M. Goetzl Jan 1989

In Support Of The Resale Royalty, Thomas M. Goetzl

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi Jan 1989

A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

The United States is a party to many copyright treaties, including a network of bilateral arrangements with other countries and one regional agreement. I will concentrate on the two major multilateral agreements to which the United States is a party, the Universal Copyright Convention ("UCC") and the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention").

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Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer Jan 1989

Of Moral Rights And Resale Royalties: The Kennedy Bill, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

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Fundamentals Of International Copyright: The Impact Of Berne The Framework Of International Copyright, Lionel S. Sobel Jan 1989

Fundamentals Of International Copyright: The Impact Of Berne The Framework Of International Copyright, Lionel S. Sobel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Conflict Between Fair Use And The Lanham Act On The Second Circuit, Elana C. Jacobson Jan 1989

The Conflict Between Fair Use And The Lanham Act On The Second Circuit, Elana C. Jacobson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Whose Voice Is It Anyway? Midler V. Ford Motor Co., Elaine Windholz Jan 1989

Whose Voice Is It Anyway? Midler V. Ford Motor Co., Elaine Windholz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley Jul 1988

Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley

Scholarly Works

Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …

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Attention K Mart Shoppers: In K Mart Corp. V. Cartier, Inc. The Supreme Court Granted District Courts Jurisdiction In Gray Market Disputes, Thomas H. Wolfe Jan 1988

Attention K Mart Shoppers: In K Mart Corp. V. Cartier, Inc. The Supreme Court Granted District Courts Jurisdiction In Gray Market Disputes, Thomas H. Wolfe

UC Law SF Communications and Entertainment Journal

Overshadowed by the more controversial substantive questions raised by the gray market problem has been the issue of jurisdiction over gray market cases. In K Mart Corp. v. Cartier, Inc, the U.S. Supreme Court decided that the federal district courts, and not the Court of International Trade, have jurisdiction over gray market cases. The Court held that the statute controlling gray market importation cannot be considered an embargo, as that word was intended to be used by Congress. The author argues that the Supreme Court misinterpreted Congress' intent when Congress granted the Court of International Trade jurisdiction over cases involving …

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Cable Franchising And The First Amendment: Preferred Problems, Undesirable Solutions, Daniel L. Brenner Jan 1988

Cable Franchising And The First Amendment: Preferred Problems, Undesirable Solutions, Daniel L. Brenner

UC Law SF Communications and Entertainment Journal

The right to construct a cable system has usually been granted to a sole franchisee based on competitive bidding. A series of lawsuits in the 1980's has argued that exclusive grants violate the first amendment rights of excluded, would-be operators. This Article examines the issue as framed by the U.S. Supreme Court's decision in City qf Los Angeles v. Preferred Communications, Inc., concluding that its instruction for a factual examination of a city's justification for exclusive licensing will be mostly unproductive. It concludes that exclusive franchising provided for by Congress in the 1984 Cable Act does not generally violate the …

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The Supreme Court's Decision In Hustler Magazine V. Falwell: The Demise Of Intentional Infliction Of Emotional Distress For Public Figures, Hollie Their Jan 1988

The Supreme Court's Decision In Hustler Magazine V. Falwell: The Demise Of Intentional Infliction Of Emotional Distress For Public Figures, Hollie Their

UC Law SF Communications and Entertainment Journal

The author analyzes both the Fourth Circuit and the U.S. Supreme Court decisions in Hustler Magazine v. Falwell. After comparing and contrasting both decisions, the author concludes that the courts should apply the actual malice standard to claims of intentional infliction of emotional distress when a public figure brings an independent cause of action.

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Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen Jan 1988

Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen

UC Law SF Communications and Entertainment Journal

The abolition of the Fairness Doctrine by the Federal Communications Commission provides an opportunity to reexamine the way in which broadcasters are encouraged to offer programming on controversial issues of public importance. The author outlines alternatives to the Fairness Doctrine and subjects each to a Fair Treatment Test, which requires that the alternative 1) guarantee that the public will receive programming on controversials of importance to it, and 2) provide full first amendment rights to broadcasters. The author concludes that a structural approach to broadcast regulation, under which stricter crossownership limits than presently exist are imposed on broadcasters, offers the …

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Visual Arts And The Law: A Bibliography, Part Ii, Gail I. Winson Jan 1988

Visual Arts And The Law: A Bibliography, Part Ii, Gail I. Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Obtaining Early And Effective Relief Against Trademark Counterfeiting, Neil A. Smith Jan 1988

Obtaining Early And Effective Relief Against Trademark Counterfeiting, Neil A. Smith

UC Law SF Communications and Entertainment Journal

Counterfeiting has become a worldwide industry which generates over a billion dollars worth of business in the U.S. The author traces the development of court-created remedies for trademark counterfeiting, which include temporary and preliminary injunctions, temporary restraining orders (TROs), orders for production and inspection of records and inventory, and seizures of counterfeit merchandise by U.S. Marshalls. Recently, courts have expanded these remedies to include ex parte TROs, granted without notice to the alleged counterfeiter, and sometimes without knowledge of the identity of the counterfeiter, and seizure of counterfeit goods by the plaintiff or the plaintiff's attorney. The author also discusses …

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The Fact/Opinion Distinction In Libel, Timothy W. Gleadon Jan 1988

The Fact/Opinion Distinction In Libel, Timothy W. Gleadon

UC Law SF Communications and Entertainment Journal

Following Gertz v. Robert Welch, Inc., state and federal courts struggled to develop guidelines to distinguish fact from opinion in libel law. While the existing guidelines have resulted in broader constitutional protection of opinion statements, they do not constrain ad hoc judicial interpretation of text as either fact or opinion. This article examines the fact/opinion distinction from both a communication and a legal perspective and argues that the use of an interdisciplinary approach to the fact/opinion question exposes fundamental problems with the existing guidelines. The author concludes that for opinion to have adequate constitutional protection, context should be used as …

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What Is A Newspaper Under California's Retraction Statute - Enquiring Minds Want To Know, Catherine M. Bump Jan 1988

What Is A Newspaper Under California's Retraction Statute - Enquiring Minds Want To Know, Catherine M. Bump

UC Law SF Communications and Entertainment Journal

California Civil Code section 48a limits recovery in defamation suits against newspapers to special damages, unless the plaintiff has unsuccessfully demanded a retraction from the media defendant The seminal case on this issue, Burnett v. National Enquirer, Inc., failed to provide a clear test of what constitutes newspaper status. The author argues that the resulting uncertainty has precipitated a chilling effect on media. In addition, the author contends that modern libel litigation rarely fulfills plaintiffs' objectives and that a broader retraction statute would be a step toward better serving both plaintiffs and defendants in libel cases.

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Women's International League For Peace And Freedom, Fresno Branch V. City Of Fresno: Free Speech Access To Transit Cars Under The California Constitution, Lisa F. Graul Jan 1988

Women's International League For Peace And Freedom, Fresno Branch V. City Of Fresno: Free Speech Access To Transit Cars Under The California Constitution, Lisa F. Graul

UC Law SF Communications and Entertainment Journal

In Women's International League for Peace and Freedom, Fresno Branch v. City of Fresno, a California court of appeal held that under the California Constitution the area within a public bus is not a public forum. Although the court purported to act under the California Constitution, its ruling instead followed the reasoning of a factually similar United States Supreme Court case, which based its ruling on the first amendment to the U.S. Constitution. This note argues that a different outcome should have been reached, based on the case law interpreting the California Constitution's unique "liberty of speech" clause.

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Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond, James L. Primm Jan 1988

Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond, James L. Primm

UC Law SF Communications and Entertainment Journal

Confusion exists in the courts over when to impose liability on media defendants for physical injuries. While media defendants are regularly subjected to claims of defamation, invasion of privacy, and sometimes intentional infliction of emotional distress, claims of liability for physical injuries caused by media publication have most often been rejected over concern about infringing on first amendment protection. The authors argue that courts have inappropriately denied liability by failing to differentiate among kinds of media liability cases and by failing to analyze them as they would similar tort cases. The proper differentiation of these cases would insure against diminution …

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The Search For Consistency In Constitutional Defamation Law, Elmer Gertz Jan 1988

The Search For Consistency In Constitutional Defamation Law, Elmer Gertz

UC Law SF Communications and Entertainment Journal

Since the U.S. Supreme Court's historic ruling in New York Times v. Sullivan, the law of defamation has been developed largely by the Supreme Court with constitutional protections, removed from common law or statutory development by the states. The author, the plaintiff in the leading defamation case of Gertz v. Robert Welch, Inc., traces the constitutionalization of the law of defamation. The author argues that the Supreme Court decisions since New York Times have been inconsistent and have resulted in the localization of constitutional protection, such that the result in a given defamation case depends on the state in which …

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Comments On International Video Piracy - A Review Of The Problem And Some Potential Solutions, John D. Maatta, Lorin Brennan Jan 1988

Comments On International Video Piracy - A Review Of The Problem And Some Potential Solutions, John D. Maatta, Lorin Brennan

UC Law SF Communications and Entertainment Journal

Since the introduction of videocassettes, video piracy has become a problem of international proportions. The authors summarize the various types of video piracy and discuss anti-piracy actions taken by governments and film associations. The authors explore possible solutions to the piracy problem, including an international registration system called a "Carnet de Passage."

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Daily Herald Co. V. Munro: 9th Circuit Strikes Down Limits On Election Day Broadcast Of Exit Polls, David J. Cowan Jan 1988

Daily Herald Co. V. Munro: 9th Circuit Strikes Down Limits On Election Day Broadcast Of Exit Polls, David J. Cowan

UC Law SF Communications and Entertainment Journal

The broadcast of east coast presidential voting returns before the polls have closed in western time zones has led two western states to enact legislation limiting the media's access to polling places on election day. Proponents of such statutes argue that allowing the media to obtain exit poll data and project the winners before the polls close discourages voters and leads to skewed election results. In Daily Herald Co. v. Munro, the 9th Circuit held that the State of Washington's poll closing statute violated the first amendment if its purpose was to prevent broadcasting of early election returns. The author …

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New Concepts Of Contract Liabilities In College Sports: Member Institutions V. The National Collegiate Athletic Association, Kenneth L. Shropshire Jan 1988

New Concepts Of Contract Liabilities In College Sports: Member Institutions V. The National Collegiate Athletic Association, Kenneth L. Shropshire

UC Law SF Communications and Entertainment Journal

"Big time" college sports are governed by the National Collegiate Athletic Association (NCAA). This private association has the ability to make decisions that can have a devastating financial impact on member institutions. This Article examines the contractual relationship between the NCAA and member institutions and maintains that an award of punitive damages may be appropriate in certain contract breach situations.

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The Chilling Effect Of Overprotecting Facutal Narrative Works, Jee Hi Park Jan 1988

The Chilling Effect Of Overprotecting Facutal Narrative Works, Jee Hi Park

UC Law SF Communications and Entertainment Journal

In Salinger v. Random House, Inc., the Second Circuit Court of Appeals implicitly broadened the scope of an author's copyright protection. The author reviews the background doctrines of copyright law and examines their application in recent cases. The author concludes that Salinger and its progeny have caused uncertainty in defining the threshold of copyrightability and asserts three reasons to reverse the court's decision.

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