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Entertainment, Arts, and Sports Law

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Articles 2941 - 2970 of 3045

Full-Text Articles in Intellectual Property Law

Direct Broadcast Satellites: Fcc Adopts Open Skies Policy For Space Age Technology, Jeff Edward Johnson Jan 1982

Direct Broadcast Satellites: Fcc Adopts Open Skies Policy For Space Age Technology, Jeff Edward Johnson

UC Law SF Communications and Entertainment Journal

The direct broadcast satellite (DBS) is a new telecommunications device which will allow individual home reception of satellite transmissions. The Federal Communications Commission has recently authorized the expeditious implementation of DBS systems. The author examines the FCC's free market approach to the development of this space age technology. In particular, the author analyzes the FCC's policy of imposing minimal regulation on DBS systems and the projected impact of DBS on local broadcasters.


Labor And The Media In The Eighties, Robert M. Segal Jan 1982

Labor And The Media In The Eighties, Robert M. Segal

UC Law SF Communications and Entertainment Journal

No abstract provided.


The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver Jan 1982

The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver

UC Law SF Communications and Entertainment Journal

Since 1976, when the United States Supreme Court decided Young v. American Mini Theaters, municipalities across the country have enacted zoning ordinances regulating adult entertainment, patterned after the ordinance upheld in Young. Unlike the ordinance in Young, many of these later ordinances have resulted in limitations upon protected speech. This note suggests a framework for analyzing the constitutionality of ordinances and moratoria which regulated the location of adult entertainment establishments.


Can A Computer Be An Author - Copyright Aspects Of Artificial Intelligence, Timothy L. Butler Jan 1982

Can A Computer Be An Author - Copyright Aspects Of Artificial Intelligence, Timothy L. Butler

UC Law SF Communications and Entertainment Journal

This note discusses the impact of current advances in computer science upon traditional copyright notions of authorship and originality. Finding that certain works created largely by computer are outside the ambit of federal copyright law, yet in need of protection for traditional policy reasons, the author explores several alternatives for providing copyright protection. A solution is proposed wherein the court presumes human authorship in machine created works, then, after ascertaining that the work meets the other requirements of federal copyright law, determines which individual is most deserving of copyright ownership.


Rock Performers And The John Doe Temporary Restraining Order: Dressing Down The T-Shirt Pirates, 16 J. Marshall L. Rev. 101 (1983), Cheryl Johnson Jan 1982

Rock Performers And The John Doe Temporary Restraining Order: Dressing Down The T-Shirt Pirates, 16 J. Marshall L. Rev. 101 (1983), Cheryl Johnson

UIC Law Review

No abstract provided.


Osha, Niosh And The Vdt Issue, L. Peyton Hendricks Jan 1982

Osha, Niosh And The Vdt Issue, L. Peyton Hendricks

UC Law SF Communications and Entertainment Journal

No abstract provided.


The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart Jan 1982

The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart

UC Law SF Communications and Entertainment Journal

This article discusses the interrelationship between the immigration and tax laws as they affect foreign entertainers and athletes. A survey of the types of visas available and the effect of those classifications upon taxation is examined. Additionally, the article outlines the reporting requirements of foreign entertainers, and emphasizes careful planning in structuring immigration and tax matters.


Vdts As A Health Problem: The Newspaper Guild's Experience, David J. Eisen Jan 1982

Vdts As A Health Problem: The Newspaper Guild's Experience, David J. Eisen

UC Law SF Communications and Entertainment Journal

No abstract provided.


Collective Bargaining Issues In Newspapers, John B. Jaske Jan 1982

Collective Bargaining Issues In Newspapers, John B. Jaske

UC Law SF Communications and Entertainment Journal

No abstract provided.


Hiring Referral Systems - Priority And Liability, Donald F. Sugerman Jan 1982

Hiring Referral Systems - Priority And Liability, Donald F. Sugerman

UC Law SF Communications and Entertainment Journal

No abstract provided.


Employee And Independent Contractors: Legal Implications Of Conversion From One To The Other, Allan L. Bioff, Robert E. Paul Jan 1982

Employee And Independent Contractors: Legal Implications Of Conversion From One To The Other, Allan L. Bioff, Robert E. Paul

UC Law SF Communications and Entertainment Journal

No abstract provided.


As Interactive Cable Enters, Does Privacy Go Out The Window, Gary Selvin Jan 1982

As Interactive Cable Enters, Does Privacy Go Out The Window, Gary Selvin

UC Law SF Communications and Entertainment Journal

Interactive cable will provide consumers with the ability to bank, shop, attend classes, respond to polls, view programs and attend to other daily activities from the home through a television set linked to a computer. Storage of this personal information poses a privacy concern relating to the government's ability to search the records as part of criminal investigations. The author analogizes current law in forecasting possible judicial treatment of Fourth Amendment protection and suggests possible methods for establishing a clear standard which would maximize subscriber protection.


Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin Jan 1982

Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin

UC Law SF Communications and Entertainment Journal

Restraints have long been imposed on speech and advertising by doctors and lawyers with the result that members of these professions have traditionally feared publicity. Modern times, however, witness increasing exposure of the professions in the media. The author examines the traditional restraints, First Amendment implications, and the performance of the media in presenting legal and medical issues. He proposes new standards for medical and legal reporters and reports, and concludes that involvement in public debate should be part of satisfactory professional conduct.


Media Access To Videotape Evidence In Criminal Trials, Geoffrey Robinson Jan 1982

Media Access To Videotape Evidence In Criminal Trials, Geoffrey Robinson

UC Law SF Communications and Entertainment Journal

A peripheral but hotly contested issue in the Abscam trials was whether the media could copy and broadcast the videotapes entered into evidence. This issue requires balancing of the defendant's fair trial rights against interests closely analogous to those protected by the First Amendment. This note suggests the lines upon which analysis of the conflicting interests should run, and argues for a strong presumption in favor of access.


Impact Of New Technology On Existing Bargaining Units In The Newspaper Industry, Martin R. Ganzglass Jan 1982

Impact Of New Technology On Existing Bargaining Units In The Newspaper Industry, Martin R. Ganzglass

UC Law SF Communications and Entertainment Journal

No abstract provided.


Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug Jan 1982

Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug

UC Law SF Communications and Entertainment Journal

No abstract provided.


The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan Jan 1982

The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan

UC Law SF Communications and Entertainment Journal

This article discusses the effect, under the current Copyright Act, of deliberate omission of copyright notice from a published work. The authors assert that although Congress intended to minimize the significance of the notice requirement in the new statute, an ambiguity in the statutory language has resulted in an uncertainty about the copyright status of a work when the author deliberately omits the copyright notice. The article discusses the conflict between Professor Nimmer's opinion on the issue and the decision of a federal district court in O'Neill Development, Inc. v. Galen Kilburn, Inc. The authors conclude that notice within five …


Commercialization Of Public Broadcasting, Craig Austin Dunagan Jan 1982

Commercialization Of Public Broadcasting, Craig Austin Dunagan

UC Law SF Communications and Entertainment Journal

Public broadcasters have increasingly turned to commercial revenue raising devices as a means of financing station operations. This comment discusses some of those devices, which are in reality subtle forms of advertising. The comment demonstrates that the quest for financing has led public broadcasters along the same path taken by commercial broadcasters, a path which ends with the adoption of commercials as a means of financing station operations. The comment focuses upon the policy issues, rather than the practical consequences, of allowing public broadcasters to engage in such commercial practices.


Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne Jan 1982

Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne

UC Law SF Communications and Entertainment Journal

This note examines the standard of probable cause as the sole justification for prosecutorial intrusion on the individual's privacy. It argues that, given California's express constitutional guaranty of a right to privacy, the defendant in a criminal prosecution should not be forced to defend himself in a public forum until after probable cause for a trial has been established at the preliminary examination.


The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer Jan 1982

The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


The Copyright Royalty Tribunal And The Statutory Mechanical Royalty: History And Prospect, Frederick F. Greenman, Jr., Alvin Deutsch Jan 1982

The Copyright Royalty Tribunal And The Statutory Mechanical Royalty: History And Prospect, Frederick F. Greenman, Jr., Alvin Deutsch

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley Apr 1981

Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley

Scholarly Works

This Article explores the nature and developing boundaries of the state law doctrine of the right of publicity. It investigates the doctrine's conflict with the 1976 Copyright Act and federal policy concerning intellectual property, and concludes that the 1976 Act precludes publicity actions aimed at protecting certain types of publicity interests. In other situations, the overriding objectives of federal copyright policy preempt the right to the extent that the right defined as perpetual; moreover, such protection in perpetuity violates the supremacy clause of the Federal Constitution. Many types of publicity actions, however, should escape preemption either because the asserted rights …


When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi Apr 1981

When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

Dramatic motion pictures' are prime examples of what copyright law terms "derivative works' because they are almost invariably based upon one or more prior works. Derivative works are so-called because they borrow from original works whether or not those works are in the same media. The universe of derivative works is broad. It encompasses everything from stuffed toys representing cartoon characters to translations of serious-minded literature.


Mandatory Programming Rules For Children's Television, Donna Roberson Jan 1981

Mandatory Programming Rules For Children's Television, Donna Roberson

UC Law SF Communications and Entertainment Journal

No abstract provided.


Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley Jan 1981

Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley

UC Law SF Communications and Entertainment Journal

No abstract provided.


Abuse Of The Equal Opportunities Doctrine By Presidential Incumbents, Martine Safran Jan 1981

Abuse Of The Equal Opportunities Doctrine By Presidential Incumbents, Martine Safran

UC Law SF Communications and Entertainment Journal

This note examines the history of the equal opportunity doctrine, 47 U.S.C. § 315, and its abuse by presidential incumbents during re-election campaigns. The author proposes that the FCC should adopt a news-worthiness criterion in enforcing the equal time doctrine, and discard the "legally qualified candidate's" public announcement requirement, and that the fairness and equal opportunities doctrines be incorporated into one statutory provision.


From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman Jan 1981

From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman

UC Law SF Communications and Entertainment Journal

No abstract provided.


Regulating Cable Television, Nicholas P. Miller, Alan Beals Jan 1981

Regulating Cable Television, Nicholas P. Miller, Alan Beals

UC Law SF Communications and Entertainment Journal

No abstract provided.


New Communications Technology: The Emerging Antitrust Agenda, Michael Botein Jan 1981

New Communications Technology: The Emerging Antitrust Agenda, Michael Botein

UC Law SF Communications and Entertainment Journal

No abstract provided.


Extension Of The Federal Communications Commission's Jurisdiction To The Television Networks, Lance S. Davidson Jan 1981

Extension Of The Federal Communications Commission's Jurisdiction To The Television Networks, Lance S. Davidson

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission's enabling statute, the Communications Act of 1934, provides no statutory authority for the regulation of the television networks. Nonetheless, with judicial approval, the FCC indirectly regulates the networks via its licensing authority over broadcast stations affiliated with the networks and has even promulgated rules by which it directly regulates the networks. This article reviews the case law focusing on the FCC's extension of its jurisdiction to the television networks and to cable television, which is similarly unreferenced in the Act. The article argues that the FCC should have consistent jurisdiction to regulate the cable and broadcast …