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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …