Intellectual Property Law Commons^™

Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen

UC Law SF Communications and Entertainment Journal

A storyline is the foundation of any motion picture or television program. However, basic storylines are afforded little protection under the copyright laws. This note analyzes the extent of protection afforded storylines under federal and California copyright law. The author discusses ways an author may fashion his storyline in order to afford it greater copyright protection, as well as remedies available to a storyline writer when infringement does occur.

The Syndication And Financial Interest Rules: Is It A Prime Time For A Change, Robert M. Osher

UC Law SF Communications and Entertainment Journal

The FCC has recently proposed a repeal of the television network syndication and financial interest rules (Rules). The Rules, enacted in 1970, regulate certain network programming practices in an effort to shift more wealth to producers and thereby encourage more diverse and creative programming. The author questions the assumptions underlying the Rules and argues that drastic changes in the television marketplace have rendered the Rules ineffective. He concludes that the Rules should be replaced by new regulations more carefully constructed to prevent unwanted network dominance.

Stay Tuned For New Technology: The Paradoxes Of The Proposed Financial Interest And Syndication Rules, Eli H. Glovinksy

UC Law SF Communications and Entertainment Journal

As part of its policy of deregulation, the Federal Communications Commission (FCC) has proposed a repeal of the financial interest and syndication rules governing the television industry. This note defines the public interest reasons behind the initial adoption of the rules and analyzes the major arguments for and against repeal. The author discusses the major networks' contention that competition rather than regulation should control the television industry, and contrasts this argument with the Committee for Prudent Deregulation's position that the strength of independent producers should be maintained to insure public interest through diverse programming. Taking this latter approach, the author …

A Tale Of Two Standards: Antitrust, The Public Interest, And The Television Industry, Edward P. Sangster

UC Law SF Communications and Entertainment Journal

Until recently, competitive advertising practices required by antitrust laws might have interfered with the statutory obligation of broadcasters to program in the public interest. In United States v. National Association of Broadcasters, the court invalidated a television industry trade agreement that helped broadcasters fulfill their public interest requirement. The court held that the antitrust requirement of free competition outweighed the programming requirement. This note examines the court's decision and analyzes its effect on the FCC's recent deregulation of television advertising practices. The author questions the wisdom of deregulating the industry before the FCC has had the opportunity to study advertising …

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky

UC Law SF Communications and Entertainment Journal

In November 1983, the Federal Communications Commission (FCC), in the spirit of deregulation and in response to pressure from broadcasters, changed its policy toward radio and television sponsorship of political debates. Under the old policy, a station could broadcast a debate as a news event and avoid the costs of providing equal time to fringe candidates only if someone else sponsored the debate. Under the new rule, stations can arrange and hold debates in their own studios without any obligation to provide equal time. The author analyzes the potential consequences of the new rule, questioning the propriety of the FCC's …

Who's Watching The Watchdog: Self-Evaluative Privilege And Journalistic Responsibility In Westmoreland V. Cbs, Inc., Paul A. Weiss

UC Law SF Communications and Entertainment Journal

This note explores the self-evaluative privilege and its application to newsgathering media defendants in defamation trials. In Westmoreland v. CBS, Inc., defendant CBS was found to have waived the privilege. The author discusses the possible effects of this ruling and argues that the public interest in fostering responsible journalism should foreclose punishing newsgathering organizations that publicly take responsibility for their mistakes. The author concludes that the privilege, with limitations, should be extended to newsgathering media defendants.

Of And Concerning Real People And Writers Of Fiction, Dan Rose, Charles L. Babcock

UC Law SF Communications and Entertainment Journal

Inevitably, real life experiences are the source of all artistic inspiration. Yet, to draw from this source often leaves the author open to potential allegations of libel; fictional characters created entirely in the author's mind are, in fact, "of and concerning" real people. In this article the authors examine the dilemma presented by real people and writers of fiction. By analyzing the creative process and looking at three recent cases, they argue that the current standard is unduly protective of plaintiffs. Only by requiring proof of malicious use of the fiction device as a subterfuge to defame the plaintiff, the …

Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee

UC Law SF Communications and Entertainment Journal

In recent years the increase in both computer literacy and the availability of computer terminals has led to an increase in computer crime. This note examines the state and federal criminal statutes designed to punish computer crimes, and asserts that these statutes are inadequate to deal with the problem of juvenile "hacking." In order to deter teenage "hacking" and better compensate its victims, the author proposes imposing civil liability on juveniles or their parents as an effective and realistic alternative to criminal prosecution of these juveniles.

The Fcc And Pay Cable: Promoting Diversity On Television, David Coursen

UC Law SF Communications and Entertainment Journal

The FCC's pay cable policy to increase television diversity through deregulation has backfired. One unforeseen problem has been the rise of basic services, which, unlike subscription services, support themselves with advertising revenues. The author argues that the nonregulation of basic services and the harmful growth of vertical integration in the cable industry prevent television diversity and innovative programming.

Two-Way Cable Television And Informational Privacy, Kenneth M. H. Hoff

UC Law SF Communications and Entertainment Journal

The advent of interactive cable television will enable subscribers to avail themselves of various services, including catalog shopping and electronic funds transfers, within their own homes. The author is concerned that this increased convenience may be outweighed by the potential threat to privacy. The system can compile detailed information about subscribers that will be easily accessible to government authorities. The author discusses the inadequacy of present laws to protect the consumer and proposes a Model Act that would establish standards to uphold the privacy of subscribers.

The Plight Of The Personal Manager In California: A Legislative Solution, Gary A. Greenberg

UC Law SF Communications and Entertainment Journal

Personal managers play a critical role in the California entertainment industry, but are not currently regulated by statute. Entertainment unions and licensed talent agencies contend that personal managers perform substantially the same services as talent agents and should be subject to the same regulatory requirements. This note examines the recent legal and administrative rules and the problems these rules create. It discusses possible solutions, concluding with a proposal to amend the Talent Agency Act and create a "Personal Managers Act."

Sports And The Law: A Comprehensive Bibliography Of Law-Related Materials, Five Year Supplement (1979-1984), Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1980-1984), Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Supplement (1982-1984), Gail F. Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Writing With Light: The Metaphysics Of The Copyright Process In The Betamax Cases, David C. Farmer

UC Law SF Communications and Entertainment Journal

The United States Supreme Court has recently held that the sale of videotape recorders does not constitute contributory infringement of the copyrights of television and motion picture producers. The author analyzes the Betamax cases, arguing that the plaintiffs erred in seeking judicial relief and instead should have attempted to achieve an accommodation with the new technology in the marketplace.

The Applicability Of State Action Doctrine To Private Broadcasters, Ruth Walden

UC Law SF Communications and Entertainment Journal

In light of the "deregulatory fever" currently in vogue in Washington, claims of a first amendment right of access to the broadcasting media are being heard again. Many groups are hoping to use the Constitution

to fill the access gap that would be left by elimination of policies like the fairness doctrine. Before such an approach can succeed, however, the government action requirement of the first amendment must be met; without state action, the first amendment is simply inapplicable. In this article, the author analyzes previous attempts to apply state action doctrine to broadcasters and the judicial responses they engendered. …

Carson V. Here's Johnny Portable Toilets, Inc.: Plumbing The Depths Of The Right Of Publicity, Carrie Goldstein

UC Law SF Communications and Entertainment Journal

The scope and definition of the right of publicity is currently in a state of confusion, and courts continue to interpret the right in a variety of ways. This note asserts that given too broad an interpretation, the right of publicity may impair first amendment freedoms. The author discusses the early cases developing the right of publicity and then examines the recent expansion of this right by the court in Carson v. Here's Johnny Portable Toilets, Inc. Distinguishing Carson from the earlier cases, the author argues that this broad expansion of the right of publicity is both unwarranted and undesirable. …

The Widening Gyre: Are Derivative Works Getting Out Of Hand?, Ralph S. Brown

Cardozo Arts & Entertainment Law Journal

No abstract provided.

New York Artists' Authorship Rights Act Of 1983: Waiver And Fair Use, Joseph Taubman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Summary Judgment In Copyright: From Cole Porter To Superman, Alan J. Hartnick

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Use Of An Altered Song In Amateur Musical Productions As Copyright Infringement, Cynthia B. Somervill

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bronze Sculptures: Casting Around For Protection, Leonard D. Duboff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz

Articles by Maurer Faculty

No abstract provided.

The Developing Methodology For Analyzing Privacy Torts, Duncan M. Davidson, Jean A. Kunkel

UC Law SF Communications and Entertainment Journal

The authors assert the need for a common method of analyzing privacy situations that can be applied consistently by practitioners, juries and courts. They contend that confusion exists as to the legal basis of privacy torts because the right of privacy, as originally conceived by Warren and Brandeis, was never adequately defined. Prosser's analysis of privacy torts departs from the Warren and Brandeis formulation and, according to the authors, also can be criticized for lack of definition. The authors present a new methodology that analyzes privacy torts based upon the scope of consent standard. They maintain that the result will …

Eliminating The Network/Cable Cross-Ownership Ban: Does A Free Market Protect The Marketplace Of Ideas, Noy S. Davis

UC Law SF Communications and Entertainment Journal

As part of its policy of deregulation, the Federal Communications Commission (FCC) has proposed eliminating its rule that prohibits broadcast networks from owning cable systems. This note examines a report by two of the FCC's staffs in which it is recommended that the network/ cable cross-ownership ban rule be abolished. The note discusses the economic and first amendment considerations behind the ban and proposes a market analysis to be used in determining whether first amendment concerns are better protected with or without the rule.

The Copyrightability Of Jokes: Take My Registration Deposit...Please, Gayle Herman

UC Law SF Communications and Entertainment Journal

In an examination of the copyrightability of jokes, this note explores the limitations of the existing case law in preventing the pirating of the material of joke writers and analyzes how the unique features of a joke inhibit protection under the 1976 Copyright Act. The note concludes with suggestions for affording the joke-writing industry more protection, including changes in the judicial interpretation of the copyright law and regulatory licensing by the profession itself.

Cable-Copyright: The Corruption Of Consensus, Leslie A. Swackhamer

UC Law SF Communications and Entertainment Journal

The author examines the cable-copyright issue of whether Congress should impose full copyright liability on cable. In an historical overview, the author details the origins of the FCC's .Consensus Agreement and the compulsory license provision of the 1976 Copyright Revision Act as it limits copyright liability. The writer explores the continued validity of the compulsory license in view of the financial growth and stability of the cable industry and the video marketplace and analyzes the effect of the FCC's deregulation of cable on the Consensus Agreement and the Copyright Royalty Tribunal. The author suggests that copyright principles dictate that imposing …

The Trouble With T-Shirts: Merchandise Bootlegging In The Music Industry, Andrew E. Clark

UC Law SF Communications and Entertainment Journal

Merchandise bootlegging is a serious problem in the music industry. Since potential profits are enormous and the bootleggers' costs of doing business are negligible, a host of entrepreneurs have entered the bootlegging business and are reaping millions of dollars of illicit profits. Artists and licensed merchandisers through legal efforts have helped to alleviate the problem but additional action is required. The author examines bootlegging and analyzes the theories upon which legal actions have been based. In concluding that the current remedies are inadequate, the author proposes legislative solutions that will result in effectively protecting the rights of artists and licensed …

Fcc Regulation And Other Oxymorons: Seven Axioms To Grind, Erwin G. Krasnow, Harry F. Cole, William E. Kennard

UC Law SF Communications and Entertainment Journal

This article takes a light-hearted, yet pointed, look at the regulatory policies of the FCC. In particular, the authors discuss seven regulatory axioms that seem to have plagued the Commission in keeping up with communications technology. If the Commission were willing to discard these "antediluvian" maxims, there is hope that the Commission can adapt to the electronic media. To this end, the authors suggest seven modern axioms to replace those that the Commission presently follows.

Voir Dire: Is There A Consitutional Right Of Access, Kathleen A. Kelly

UC Law SF Communications and Entertainment Journal

The United States Supreme Court has ruled upon the public's constitutional right to attend criminal trials in Richmond Newspapers, Inc. v. Virginia, and the right to attend preliminary hearings in Gannett Co. v. DePasquale. This note analyzes whether there is a constitutional right of access to voir dire. The note explores the distinction between trial and pretrial events and the historical practice and structural purpose of voir dire. The author suggests that voir dire be considered under the Gannett analysis. Accordingly, the author concludes that there is no constitutionally guaranteed right to attend voir dire.