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Full-Text Articles in Intellectual Property Law
West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins
West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins
UC Law SF Communications and Entertainment Journal
The Eighth Circuit recently held that Mead Data Central infringed West Publishing's copyright by using page numbers from West's case reporters in its computer-assisted legal research system, LEXIS. Mead Data Central intended to insert West's page numbers in its case database so that LEXIS users could have pinpoint citations to pages in West's case reporters. The author examines the opinion in detail, concluding that the court's decision stretched copyright protection too far. The author maintains that the unfortunate result of West Publishing Co. v. Mead Data Central should be changed through judicial action or legislative amendment to the Copyright Act. …
Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond
Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond
UC Law SF Communications and Entertainment Journal
In this commentary, the author analyzes the United States Supreme Court's decision in Philadelphia Newspapers, Inc. v. Hepps. While recognizing the Court's narrow holding, this commentary focuses attention on the vital defamation questions left unanswered by the Hepps decision.
The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir
The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission Policy Act of 1986 (Dole Bill) offers a possible end to the dual federal regulation of the United States telecommunications industry, and could have a marked effect on the industry structure developed from the divestiture of the seven former Regional Bell Operating Companies (RBOCs) from AT&T in 1982. Currently, the telecommunications industry is subject to overlapping regulation by the FCC and the United States District Court for the District of Columbia. The Dole Bill proposes consolidation of jurisdiction in the FCC. The Department of Justice, which is responsible for a tri-annual review of the continuing need …
Forum And Substance: Introduction To The Symposium, Louis B. Schwartz
Forum And Substance: Introduction To The Symposium, Louis B. Schwartz
UC Law SF Communications and Entertainment Journal
For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive …
The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington
The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington
UC Law SF Communications and Entertainment Journal
In 1982, the United States District Court for the District of Columbia rendered its decision in United States v. AT&T, ordering the divestiture of AT&T as delineated in the Modified Final Judgment (MFJ) appended thereto. The divested Regional Bell Operating Companies are now seeking legislation which would effectively place enforcement of the MFJ into the hands of the Federal Communications Commission. The author examines the need for line-of-business restrictions, the constitutionality of the proposed transfer legislation, and the dangers to competition if such legislation is enacted. The author argues that enforcement of the line-of-business restrictions is necessary to promote fair …
The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller
The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller
UC Law SF Communications and Entertainment Journal
The struggle between motion picture exhibitors and distributors has resulted in continually changing business practices within the film industry. In particular, state anti-blind bidding statutes have changed the way film distribution is handled in the United States. The author traces the history of film licensing and concludes that anti-blind bidding legislation was unwarranted and has damaged the smaller, independent exhibitors and distributors.
The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter
The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter
UC Law SF Communications and Entertainment Journal
On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then divided among seven Regional Bell Operating Companies (RBOCs). The authors contend that the divestiture of AT&T and the Modification of Final Judgment (MFJ) appended thereto have created an anticompetitive marketplace through the imposition of line-of-business restrictions which in effect prevent the RBOCs from competing with AT&T. Moreover, the MFJ disregarded contemporaneous pro-competitive regulatory developments propagated by the Federal Communications Commission (FCC) which undercut the factual premises underpinning the line-of-business restrictions. The authors argue that the MFJ vests in the Department of Justice and the United …
Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger
Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger
UC Law SF Communications and Entertainment Journal
In Apple Computer Co. v. Franklin Computer, Inc., 714 F.2d 1240 (3d Cir. 1983), the United States Court of Appeals held that computer programs expressed in object code are copyrightable. Given the indecipherable nature of object code, courts are now faced with the difficult problem of determining when such copying has occurred. The author analyzes one trial court's approach to this problem found in SAS Institute, Inc. v. S&H Computer Systems, 605 F. Supp. 816 (M.D. Tenn. 1985). The author criticizes the court's method, arguing that its approach relies too heavily on competing expert testimony, and may extend to copyright …
The Changing Nature Of Communications Law Practice, Stuart N. Brotman
The Changing Nature Of Communications Law Practice, Stuart N. Brotman
UC Law SF Communications and Entertainment Journal
This article discusses the evolution of communications law practice over the past fifty years. The initial phase of communications law practice emphasized the lawyer's skill in administrative adjudications. In the second phase, the practitioner's focus shifted to the quasi-legislative activities found in the informal rulemaking process. Appellate litigation initiated by public-interest advocates during the 1960s marked another significant shift of focus from the Federal Communications Commission to the courts. Finally, the present and future course of communications deregulation represents yet another dramatic change in practice, emphasizing business negotiation skills as well as traditional modes of advocacy. The author chronicles these …
Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel
Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel
UC Law SF Communications and Entertainment Journal
When confronted with regulations which permit others to have access to their media, cable television system owners, among others, have challenged such rules as abridging their first amendment right to editorial freedom. The author analyzes this defense by examining exactly what editorial freedom is, and why it is protected. He argues that editorial freedom is best understood as the right of consumers to receive information effectively, and thus to employ editors to provide so called editorial functions. After noting that these services are analogous to those generally provided by retailers, the author discusses the editorial functions performed by cable operators. …
Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller
Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller
UC Law SF Communications and Entertainment Journal
Until the 1940s, motion pictures were almost always received, filmed, and shown in black-and-white. Recently, several companies have begun to mechanically add color to these old and often classic films. This process, known as colorization or color-recoding, has motion picture artists enraged. These filmmakers believe that no one should have the right to alter a completed work of art. The author reviews the background of this controversy, surveys several possible legal causes of action which filmmakers may use to protect their black-and-white films, and concludes that directors and other film artists are not powerless and can successfully use existing laws …
Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit
Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit
UC Law SF Communications and Entertainment Journal
The European doctrine of droit moral, known as moral rights in the United States, has not, per se, been integrated into the American legal system. The author examines the development of the law of unfair competition as a remedy for artists seeking to protect the moral rights of paternity and integrity. The author asserts that section 43(a) of the Trademark Act of 1946 (Lanham Act) has been interpreted by courts as an effective remedy for artists' paternity interests. However, regardless of the holding in Gilliam v. American Broadcasting Companies, the author finds section 43(a) as unreliable to provide redress for …
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
UC Law SF Communications and Entertainment Journal
The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …
Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek
Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus
Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus
UC Law SF Communications and Entertainment Journal
Citizens groups and both federal and state governments have recently expressed concern over the offensive content of some modern popular music. The author examines the potential for suppression of broadcast popular music by the Federal Communications Commission. The author concludes that, by virtue of the Communications Act of 1934, the Supreme Court's decision in FCC v. Paciica Foundation, 438 U.S. 726 (1978) and the federal judiciary's general failure to rigorously scrutinize FCC content regulatory initiatives, the FCC enjoys a degree of power over the content of broadcasting that is abhorrent to the first amendment. The author opines that regulation of …
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
UC Law SF Communications and Entertainment Journal
In Time, Inc. v. Hill, 1967, the U.S. Supreme Court held that proof of actual malice was required for a plaintiff to prevail in a false light invasion of privacy suit resulting from publication of a matter of public interest. Seven years later in Gertz v. Robert Welch, Inc., the Court repudiated the matter-of-public interest standard in defamation actions in favor of a standard focusing on the status ofthe plaintiff. Courts and commentators began speculating on whether the Court in Gertz had, in effect, overturned Hill sub silentio. Analysis of more than forty false light opinions handed down since Gertz …
Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer
Preferred Communications, Inc. V. Los Angeles: Broadening Cable's First Amendment Rights And Narrowing Cities' Franchising Powers, D. Scott Shaffer
UC Law SF Communications and Entertainment Journal
Since its advent, cable television has confused legislatures, courts, and commentators who have grappled with which first amendment regulatory model to apply to the medium-that of print, broadcast, or some hybrid of both. Preferred Communications, Inc. v. Los Angeles provides an opportunity to reduce the confusion. This commentary reviews the developmental and regulatory history of cable, discusses the background of the case, analyzes the United States Court of Appeals for the Ninth Circuit's opinion, and comments on the United States Supreme Court's opinion. Although the Supreme Court stopped short of endorsing a particular first amendment regulatory model, the author argues …
Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen
Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen
UC Law SF Communications and Entertainment Journal
What restrictions confront entertainment attorneys who become so involved in the affairs of their clients that they either inadvertently or purposely cross the line between personal representation and the functions of a talent agent or personal manager? Artists need protection in the marketplace. Attorneys want to provide such protection but, given current industry practices, they are at a disadvantage to do so. The author explores-the existing statutory, artists' union, and professional responsibility restraints and determines that the time may have come to change the rules. In conclusion, the author suggests alternative measures to alleviate the problem.
Deregulation And The Market Failure In Minority Programming: The Socioeconomic Dimensions Of Broadcast Reform, Kurt A. Wimmer
Deregulation And The Market Failure In Minority Programming: The Socioeconomic Dimensions Of Broadcast Reform, Kurt A. Wimmer
UC Law SF Communications and Entertainment Journal
While television viewing by minorities is increasing dramatically, the medium is becoming less responsive to their needs. The author postulates that the government's traditional regulatory concern for the rights and perspectives of minorities is being outweighed by a deregulatory trend in television. He notes that the Federal Communications Commission is increasingly permitting the marketplace to shape programming choices-minorities, however, are least able to influence programming through the marketplace. The author uses empirical and theoretical evidence to examine whether an unregulated marketplace would provide minority-responsive programming. He concludes by recommending market mechanisms, such as tax incentives for minority-responsive programming, to facilitate …
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
UC Law SF Communications and Entertainment Journal
Every year increasing numbers of disabled patrons are visiting amusement parks. Focusing on the areas of admission, accommodation and safety, this article addresses the special needs of these patrons, and the need for their consistent and fair treatment within the amusement park industry. First, the article stresses the need for states to enact civil rights legislation prohibiting discrimination against disabled persons by amusement places. Second, architectural barriers statutes must be extended to apply to privately owned buildings and recreation areas in order to provide the disabled access to amusement parks. Most importantly, safety policies of a park must be carefully …
Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz
Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz
UC Law SF Communications and Entertainment Journal
Cable television companies can now provide two-way communications services allowing users to both receive and send messages. If unregulated, cable companies may gain an unfair advantage over the heavily regulated local telephone companies which formerly were the sole providers of two-way services. The author examines developments transforming the telecommunications industry and the classification of cable's two-way services as "non-cable services." The author recommends that cable companies be allowed to enter the telecommunications market and that their "non-cable services" be regulated under the same guidelines applicable to telephone companies providing similar services.
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
UC Law SF Communications and Entertainment Journal
The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
UC Law SF Communications and Entertainment Journal
Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
UC Law SF Communications and Entertainment Journal
Federal copyright law provides a major source of protection for computer software. Due to the rapidly changing nature of software and the software market, however, software developers are asking the states for additional protection. The author examines the Software Enforcement License Act - an attempt by Louisiana to remedy the problems software authors face in the mass market and concludes that it is preempted by federal copyright law. The author suggests that amendment of the federal copyright law would be more appropriate and effective.
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie
UC Law SF Communications and Entertainment Journal
A suit by the Chicago Cubs baseball organization attempting to overturn amendments to the Illinois Environmental Protection Act as well as a city ordinance which prohibited certain nighttime athletic contests failed. The principle argument advanced by the Cubs was that the legislation was designed solely to apply to the Cub's baseball park, Wrigley Field, and thus violated the special legislation prohibition of the Illinois Constitution. The court refused to accept this argument, taking the language of the statute on its face as also applying to future stadia. The author suggests that given the strong feelings of the city and state …
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
UC Law SF Communications and Entertainment Journal
The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
Per Se Legality In Copyright Licensing, Lawrence J. Siskind
UC Law SF Communications and Entertainment Journal
There is an inherent tension between the law of antitrust and the law of copyright. While the former prevents monopolies, the latter creates them. In order to reconcile this conflict the author suggests application of a rule of per se legality to exclusive territorial licenses of copyrighted works. Such an approach would provide copyright holders with a certain legal standard, not now available under the indefinite Rule of Reason. The author argues that there is authority for such a rule of per se legality based on the Copyright Act of 1976, precedent in patent law and the concept of copyright …
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman
UC Law SF Communications and Entertainment Journal
Should a film be labeled with the perjorative term "propaganda" simply by virtue of its political subject matter and its being made in a foreign country? The Foreign Agents Registration Act (FARA) was originally passed in 1938 as a means of informing the public that certain films and other material had been developed by the Nazi's and other "subversive" organizations. The author explores the recent Justice Department usage of FARA to label three Canadian films "political propaganda." The author concludes that the applicable section of FARA has a chilling effect that violates fundamental first amendment rights.
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton
UC Law SF Communications and Entertainment Journal
Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.