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Articles 241 - 270 of 879
Full-Text Articles in Intellectual Property Law
The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin
The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin
Faculty Scholarship
No abstract provided.
Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett
Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett
Faculty Scholarship
No abstract provided.
The Economics Of Build-Out Rules In Cable Television, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
The Economics Of Build-Out Rules In Cable Television, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
UC Law SF Communications and Entertainment Journal
Firms that wish to offer wireline, multichannel video programming services in direct competition with cable incumbents are being faced with calls by those incumbents and policymakers to "build-out" to entire communities as a pre-condition to receiving a franchise. This article argues that build-out mandates are actually counter-productive and serve primarily to deter new entry, increase the profits of incumbents, and harm consumers. Using both a theoretical model and an empirical simulation, the article demonstrates that build-out rules cause new video entrants to bypass certain communities entirely and to sharply lower the number of communities in which new network construction would …
Idea Protection In California: Are Writers Too Readily Compensated For Their Screenplays, Kelly Rem
Idea Protection In California: Are Writers Too Readily Compensated For Their Screenplays, Kelly Rem
UC Law SF Communications and Entertainment Journal
This article argues that the current scope of idea protection in the film industry favors writers over producers. By undervaluing the rights of the producers, the current state of the law could have a chilling effect on film production that is damaging to society as a whole. Requiring a showing of a common element between a writer's work and a producer's alleged copy of the writer's work, and presenting a similarity of subject matter and story line, will strike a better balance between these competing interests.
Catching Up To Our Biometric Future: Fourth Amendment Privacy Rights And Biometric Identification Technology, Rudy Ng
UC Law SF Communications and Entertainment Journal
As biometric identification technology companies strive to make their products more accurate, faster, and more affordable for the mass market, the public is likely to see an increase in the use of biometrics in the future. While emerging biometric identification technology such as iris scanning and face recognition technology may be a fast, cutting-edge way for law enforcement to keep track of convicted felons and suspected terrorists, the government should not be allowed to unreasonably intrude on individual privacy rights under the Fourth Amendment. Ultimately, the legislature and the courts will need to weigh society's need to feel secure against …
Locking Down The Library: How Copyright, Contract, And Cybertrespass Block Internet Archiving, Rebecca Bolin
Locking Down The Library: How Copyright, Contract, And Cybertrespass Block Internet Archiving, Rebecca Bolin
UC Law SF Communications and Entertainment Journal
Internet archiving has kept millions of websites from disappearing completely. Yet this ambitious effort, the largest archiving project in history, is neither legal nor comprehensive. Archives are rampant copyright infringers with no recourse to traditional library and affirmative defenses. Further, sophisticated authors have started "protecting" their creations with restrictive contracts, technical restrictions, and the shaky cybertrespass doctrine. Our legal regime has strayed from the constitutional values underlying copyright. Despite the social value in preserving cultural expression, the law has evolved to encompass a de facto right to withdraw and opt out of history itself.
Digitized Scholarship And The Library Concept: Allowing The History Of The Library Exemption To Inform How We View Google's Digitized Library, Kodj Gbegnon
UC Law SF Communications and Entertainment Journal
Google Inc., one of the most visible portals on the Internet, strives to "organize the world's information and make it universally accessible and useful." However, Google's Print Library database, which copies millions of books into a database and offers snippets of those books free of charge, may exceed the current confines of copyright law. After an in-depth look at Google's digitization projects and specific criticisms from library specialists, this article argues that the library exception to copyright infringement must be re-conceptualized to include commercial information enterprises such as Google's Print Library.
Rationalizing Software Patents: Suggestions For A Livable System, Shane Glynn
Rationalizing Software Patents: Suggestions For A Livable System, Shane Glynn
UC Law SF Communications and Entertainment Journal
In examining the historical development of software as patentable subject matter, the jurisprudence of the Supreme Court and Federal Circuit, the Patent and Trademark Office's regulations and guidelines, and the application of these rules in the legal and business community, this article explores the deficiencies of the current US software patent system. The article argues that by increasing patent examiners' knowledge of computer science and publishing domestic patent applications to allow competitors to search for relevant prior art, the US software patent system can be significantly improved.
The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution: Is It Unconstitutionally Overbroad, Erin Treacy
UC Law SF Communications and Entertainment Journal
The RAVE Act was designed to thwart use and distribution of the illegal street drug ecstasy by holding the owner of a nightclub or other venue criminally responsible for any illegal drug-related activities that occur at an electronic music concert held on his or her property. This article argues that the RAVE act is unconstitutionally overbroad because it has a real and substantial impact on the First Amendment rights of electronic music concert performers and attendees. The article further argues that the RAVE act has driven electronic music concerts underground, making them less regulated than if held in legitimate commercial …
Catching A Black Cat In A Dark Room: Evaluating The Shortcomings Of Federal And State Anti-Spyware Legislation, Josh Sugnet
Catching A Black Cat In A Dark Room: Evaluating The Shortcomings Of Federal And State Anti-Spyware Legislation, Josh Sugnet
UC Law SF Communications and Entertainment Journal
This note analyzes state anti-spyware legislation and the latest federal anti-spyware bill, considering criticism raised and evaluating their potential to be effective in stopping spyware. The note concludes that these laws are best aimed at regulating the use of adware, the allegedly more legitimate commercial type of spyware, but do little to protect users from more malicious types of spyware authored by hackers and cyber-criminals. Also, the federal government must regulate the software industry to ensure that a competitive market for technological solutions to these security problems exists. Only by coupling law enforcement with effective industry regulation can the federal …
A Minor Conundrum: Contracting With Minors In Canada For Film And Television Producers, Bob Tarantino
A Minor Conundrum: Contracting With Minors In Canada For Film And Television Producers, Bob Tarantino
UC Law SF Communications and Entertainment Journal
Concerns surrounding the enforcement of a contract with minors have plagued the entertainment industry, particularly in the areas of film and television. Amidst a confusing hodgepodge of laws, various North American jurisdictions have responded with a series of judicial decisions and legislative initiatives. These changes have increased marketplace certainty for the benefit of film producers and the minors with which they do business. The Canadian province of Ontario, however, remains without the benefit of such a regime of laws, creating uncertainty in Ontario's film and television marketplace. If Ontario wishes to develop as a major film and television production center, …
At The Intersection Of Comic Books And Third World Working Conditions: Is It Time To Re-Examine The Role Of Commercial Interests In The Regulation Of Expression, David Kohler
UC Law SF Communications and Entertainment Journal
This article examines how a speaker's commercial interests factor into evaluating First Amendment protection. The author criticizes the current state of the law in the United States, which forces courts to draw categorical distinctions between commercial and noncommercial speech which are largely artificial, unwieldy, and likely unworkable. The article suggests a new approach that largely jettisons any attempt to draw broad categorical distinctions based on the underlying commercial motivation for communication and, instead, evaluates such expression in the same way that other kinds of fully protected speech are evaluated.
From Hockey Gloves To Handcuffs: The Need For Criminal Sanctions In Professional Ice Hockey, Tracey Oh
From Hockey Gloves To Handcuffs: The Need For Criminal Sanctions In Professional Ice Hockey, Tracey Oh
UC Law SF Communications and Entertainment Journal
Citing recent on-ice incidents, this article argues that the level of violence in the National Hockey League (NHL) has grown out of control. The NHL's sanctions have been unable to deter the steadily increasing amount of violence in the sport. The article argues that allowing courts to intervene and impose criminal sanctions against on-ice offenders would send a strong message to the players, and promote a sense of social responsibility.
I Always Feel Like Someone Is Watching Me: A Technological Solution For Online Privacy, David Goldman
I Always Feel Like Someone Is Watching Me: A Technological Solution For Online Privacy, David Goldman
UC Law SF Communications and Entertainment Journal
This article develops the concept for a technological solution to the problem of online privacy. While most proposals endeavor to come to a consensus upon either a common definition or a common value system for privacy, the author instead proposes that the ultimate goal of an automated transaction should simply be to make optimal use of the online market. Rather than define privacy, the government should instead encourage trust, which will result in the maximum benefits for the economy as a whole.
The Conceptual Game In Copyright, Lior Zemer
The Conceptual Game In Copyright, Lior Zemer
UC Law SF Communications and Entertainment Journal
This article examines the nature of copyright as a concept and discusses the benefits that can be derived from understanding copyright as a vague conceptual framework, or, alternatively as an arsenal of competing interpretations and permutations, rendering its meaning essentially contested. The best way to make meaningful progress in the way we approach and think of copyright is by admitting into our discourse on copyright alternative approaches to ownership which emphasizes the public interest. We can protect the integrity of the copyright discourse by ensuring that no single voice can exclude other voices, and allow sufficient conceptual flexibility to permit …
Amending Its Anti-Paparazzi Statute: California's Latest Baby Step In Its Attempt To Curb The Aggressive Paparazzi, Lisa Vance
UC Law SF Communications and Entertainment Journal
The financial rewards of celebrity photos have driven the paparazzi to increasingly dangerous tactics, often endangering celebrities and others in their pursuit of a valuable photo. In response to this danger, California amended its anti-paparazzi statute in 2005. The amended statute provides stiff penalties, including punitive and treble damages, and allows a celebrity to recover these damages for assault. However, assault requires the intent to cause apprehension of imminent contact, and much of the outrageous conduct of the paparazzi does not evidence this sort of intent. If California is serious about curbing improper behavior by the paparazzi, it should penalize …
Faulting San Andreas: The Call To Arms For Sensible Regulation Of Violent Video Games, Jessica Williams
Faulting San Andreas: The Call To Arms For Sensible Regulation Of Violent Video Games, Jessica Williams
UC Law SF Communications and Entertainment Journal
Video game violence has escalated to shocking limits. Murder and sex are glorified in modern games. California Assembly Bill 1179 is the latest attempt to curb the sale of video games encouraging this type of violence. Because it is improbable that current social science research will be able to prove the causal connections necessary to satisfy the Brandenburg standard for regulating free speech, AB 1179 violates the First Amendment rights of California's citizens. In the future, increased parental controls and the Entertainment Software Ratings Board's active role in enforcing compliance with its rating system will be the most effective means …
Internet Trademark Suits And The Demise Of "Trademark Use", Margreth Barrett
Internet Trademark Suits And The Demise Of "Trademark Use", Margreth Barrett
Faculty Scholarship
No abstract provided.
An Earthy Enigma: The Role Of Localism In The Political, Cultural And Economic Dimensions Of Media Ownership Regulation, Paul Cowling
An Earthy Enigma: The Role Of Localism In The Political, Cultural And Economic Dimensions Of Media Ownership Regulation, Paul Cowling
UC Law SF Communications and Entertainment Journal
This article examines the Federal Communications Commission's public interest principle of localism and its role in media ownership regulation, particularly the National Television Station Ownership rule. The article explains the enigmatic concept of localism by approaching it from several angles, including other regulatory spheres, such as banking and antitrust; Canadian nationalism; historical broadcast regulation; federalism; and contemporary debates on media ownership. While * explaining what localism means, the article identifies the territorial impulse behind media ownership regulation and its link with territorial reference points in the self-determination of national and local communities. In doing so, the article constructs a simple …
Into The Grey: The Unclear Laws Of Digital Sampling, Bryan Bergman
Into The Grey: The Unclear Laws Of Digital Sampling, Bryan Bergman
UC Law SF Communications and Entertainment Journal
When Congress enacted the 1976 Copyright Act, the musical engineering process of digital sampling was not a common practice, nor explicitly contemplated by the Act. Over the last few decades sampling has become a very common practice. Early court decisions regarding sampling, viewed the practice as stealing; however, these decisions failed to take into account the positive transformative possibilities that sampling provides. Recently, DJ Dangermouse came out with an album entitled The Grey Album that mixed vocal content from the rap artist Jay-Z's The Black Album and musical content from the Beatles' White Album. However, Dangermouse never asked permission for …
The War Against The Illegal Antiquities Trade: Rules Of Engagement For Source Nations, Jason Mcelroy
The War Against The Illegal Antiquities Trade: Rules Of Engagement For Source Nations, Jason Mcelroy
UC Law SF Communications and Entertainment Journal
This article addresses the problems of retrieving stolen cultural property in a practical manner. Instead of proposing new legislation or changes in the current cultural property regime, this article argues that countries that are source nations for the growing illegal trade in antiquities should better prepare themselves for their retrieval attempts, which in turn gives them a better chance at retrieving them through civil cases. By focusing on settlements and cases won in the United States, the paper submits guidelines by which source nations can be best equipped to prevail in a United States civil suit of replevin.
Words Signifying Nothing - The Evolution Of 315(A) In An Age Of Deregulation And Its Effect On Television News Coverage Of Presidential Elections, Colin Vandell
UC Law SF Communications and Entertainment Journal
Focusing on private networks' television news coverage of presidential campaigns, this Note addresses the enactment and rise of Section 315(a) of the Communications Act of 1934 (the equal time rule) and the fairness doctrine that it officially operated in conjunction with for forty years. The Note then turns to the deregulation trend that abolished the fairness doctrine and took much of the bite out of Section 315(a). The Note concludes by examining the rise of ideology-driven and also of marketdriven political coverage that a laxly-enforced Section 315(a) has allowed.
No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer
No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer
UC Law SF Communications and Entertainment Journal
Many people, interested in the way animals are treated in the entertainment industry, rely on the American Humane Association's end credit disclaimer, "No Animals Were Harmed During the Making of this Production" to quiet their concerns about animal mistreatment and to avoid supporting films or television programs that injure animals. However, the AHA's end credit disclaimer is misleading because it suggests that projects with the disclaimer are cruelty free. Even if a film or television show receives the "No Animals Were Harmed..." designation, chimpanzees cannot become "actors" and appear on the stage or screen without being subject to severe physical …
Why Protect Political Art As Political Speech, David Greene
Why Protect Political Art As Political Speech, David Greene
UC Law SF Communications and Entertainment Journal
Politics and art make for a volatile combination both socially and jurisprudentially. Although the capacity of artistic expression to relay political ideas was one of the driving forces behind the recognition of strong First Amendment rights for artistic expression, governmental officials tend toward the censorious when art communicates too much and "offends" or causes "controversy." Indeed, when art is "public," that is funded or exhibited by a governmental entity, public officials would often prefer that it contain no message at all. This article reviews the evolution of First Amendment protection for artistic expression, discusses why artistic expression is protected by …
Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik
Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik
UC Law SF Communications and Entertainment Journal
In 1999 and 2000, a group of federal court decisions ruled that the Eleventh Amendment precludes Congress from holding states and their institutions liable in damages for infringing federal intellectual property protection laws. These rulings have created a marked imbalance in the American intellectual property system, in which states can fully protect their own intellectual property yet freely infringe on the intellectual property rights of others. Private intellectual property owners argue that this imbalance increasingly threatens the health of the American economy. In response, Congressional reformers enacted the Intellectual Property Protection Restoration Act. The legislation uses a conditional waiver scheme …
Undermining The Initial Allocation Of Rights: Copyright Versus Contract And The Burden Of Proof, Thomas A. Mitchell
Undermining The Initial Allocation Of Rights: Copyright Versus Contract And The Burden Of Proof, Thomas A. Mitchell
UC Law SF Communications and Entertainment Journal
Copyright law is designed to provide authors with incentives to create work. Publishers have usurped these incentives, however, by leveraging their superior bargaining power to contractually require authors to transfer all rights to a work. This Note argues that this problem could be resolved by a shifting the burden of proving that the contract was voluntary, and not coerced, from the author to the publisher. Proving that a contract was not voluntarily entered into forms an affirmative defense for a breach, which places the burden on the author. This Note will show that intellectual property cases are different, because, inter …
On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline
On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline
UC Law SF Communications and Entertainment Journal
A growing number of companies are offering "E-rated" versions of motion picture VHS tapes and DVDs-that is, versions which have been edited to remove nudity, sexual situations, and offensive or graphic language. These third-party editors do not own the copyrights or trademarks for the motion pictures they edit, nor do they have the permission of the owners. This article explains the processes that the thirdparty editors use to create the edited versions, as well as the copyright and trademark laws that apply, and analyzes the activities of the third-party editing companies actions in light of current copyright and trademark laws.
Reformulating The On Sale Bar, Frank Albert
Reformulating The On Sale Bar, Frank Albert
UC Law SF Communications and Entertainment Journal
The On Sale Bar has been construed narrowly to require that an invention be ready for patenting and that a commercial offer for sale be made in order for the Bar to apply. Although this approach provides certainty for patent applicants, it potentially increases monopoly profits for patentees by disregarding commercial activity designed to increase demand for an invention that is ready for patenting. This Note concludes that a broader formulation of the On Sale Bar that considers this type of activity is more in line with the relevant underlying policies.
A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert
A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert
UC Law SF Communications and Entertainment Journal
The widespread adoption of peer-to-peer software has allowed for fast, cheap, and easy distribution of content all over the world. Although this technology promises great advances for the global exchange of knowledge, it also greatly threatens copyright owners' interests. This article analyzes possible solutions to this conflict from an international copyright law prospective, considering requirements imposed by TRIPS, The Berne Convention, and The WIPO Copyright Treaty. This article proposes a flexible "bipolar" system, in which authors are allowed to choose between compensation provided by a levy-tax system and protection of their works through digital rights management technology, as a solution …
The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox
The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox
UC Law SF Communications and Entertainment Journal
To date, thirty-one states and the District of Columbia have enacted shield laws that provide varying degrees of protection to reporters, their sources, and their notes. Several federal lawmakers have publicly considered whether a similar federal law would be appropriate. This note examines the roots of the reporter's privilege, surveys selected state shield laws, and considers the impact of the seminal Supreme Court case in the federal realm.