Table Of Contents,
2014
The Catholic University of America, Columbus School of Law
Table Of Contents
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Does Retransmission Consent Need Fixing? (Or Do Consumers Need Help So They Can Watch The Super Bowl, World Series, And Academy Awards?),
2014
The Catholic University of America, Columbus School of Law
Does Retransmission Consent Need Fixing? (Or Do Consumers Need Help So They Can Watch The Super Bowl, World Series, And Academy Awards?), Gregory J. Vogt
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Selected Docket And Legislative Summaries, 2013,
2014
The Catholic University of America, Columbus School of Law
Selected Docket And Legislative Summaries, 2013
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?,
2014
The Catholic University of America, Columbus School of Law
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
Starting in the 1990s, Federal policy has moved in the direction of a market-oriented approach towards sound recording rights, beginning with Congress’ decision to create a sound recording performance copyright in 1995. In 1998, Congress provided that most statutory royalty rates, including the rates paid by webcasters like Pandora Radio, would be set using a market-based “willing buyer, willing seller” (“WBWS”) standard. Since then, the WBWS standard has been applied in several rate setting proceedings, but complaints from webcasters that the rates were “too high” have led to Congressional intervention and, ultimately, to adoption of rates below market levels. Now, …
Apple And Amazon’S Antitrust Antics: Two Wrongs Don’T Make A Right, But Maybe They Should,
2014
The Catholic University of America, Columbus School of Law
Apple And Amazon’S Antitrust Antics: Two Wrongs Don’T Make A Right, But Maybe They Should, Kerry Gutknecht
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
An Overlooked Basis Of Jurisdiction Of Net Neutrality: The World Trade Organization Agreement On Basic Telecommunications Services,
2014
The Catholic University of America, Columbus School of Law
An Overlooked Basis Of Jurisdiction Of Net Neutrality: The World Trade Organization Agreement On Basic Telecommunications Services, Jennifer A. Manner, Alejandro Hernandez
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
False Negatives Under A Discount Attribution Test For Bundled Discounts,
2014
The Catholic University of America, Columbus School of Law
False Negatives Under A Discount Attribution Test For Bundled Discounts, Bradley Pollina
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf,
2014
Pacific McGeorge School of Law
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf, Jenifer Gee
McGeorge Law Review
No abstract provided.
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites,
2014
University of Maryland Francis King Carey School of Law
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby
Journal of Business & Technology Law
No abstract provided.
Bulk Telephony Metadata Collection And The Fourth Amendment: The Case For Revisiting The Third-Party Disclosure Doctrine In The Digital Age, 31 J. Marshall J. Info. Tech. & Privacy L. 191 (2014),
2014
UIC School of Law
Bulk Telephony Metadata Collection And The Fourth Amendment: The Case For Revisiting The Third-Party Disclosure Doctrine In The Digital Age, 31 J. Marshall J. Info. Tech. & Privacy L. 191 (2014), Timothy Geverd
UIC John Marshall Journal of Information Technology & Privacy Law
This Article argues that federal courts should seize the opportunity presented by the Snowden leaks to reexamine the continued vitality of the current third-party disclosure doctrine in Fourth Amendment jurisprudence. Specifically, this Article argues that Smith v. Maryland simply cannot continue to act as the “North Star” for judges navigating the “Fourth Amendment waters” of the digital age, and that instead, Smith should apply more narrowly in the digital age. In so arguing, this Article advocates that courts apply a modified, twostep test to evaluating third-party disclosures rather than applying the traditional binary rubric that courts have drawn from Smith …
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance,
2014
University of Miami School of Law
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Articles
No abstract provided.
Pinterest's Secondary Liability: The Dmca Implications Of Holding Pinterest Responsible And What Pinterest Can Do To Avoid Liability,
2014
UC Law SF
Pinterest's Secondary Liability: The Dmca Implications Of Holding Pinterest Responsible And What Pinterest Can Do To Avoid Liability, Monica Yun
UC Law SF Communications and Entertainment Journal
This note explores Pinterest's possible liabilities for copyright infringement and what it can possibly do to shield itself from prosecution. Part II will address the basics of Pinterest and how it relates to other social media and online service providers. Part III will delve into the legal background of the Copyright Act of 1976, the Digital Millennium Copyright Act of 1998, secondary liability, the fair use defense, and legislation that has already been proposed to address this issue. Part IV will analyze Pinterest's indirect liability and how it may use the fair use defense. And finally, Part V will propose …
Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014),
2014
UIC School of Law
Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014), Andrew Franklin
UIC Law Review
No abstract provided.
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing,
2014
UC Law SF
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing, Mark R. Arbuckle
UC Law SF Communications and Entertainment Journal
There is a fundamental inconsistency in the current political fairness and access rules for U.S. broadcasting. While political candidates enjoy a long-standing right of access to broadcast stations to express their views and attack and answer attacks from opponents, stations have no obligation to be fair to noncandidate citizens who may be personally attacked, nor to make any good-faith effort to present opposing views on controversial public issues. However, this has not always been the case. Under the Fairness Doctrine, in place from 1949 to 1987, broadcasters were expected to present controversial issues of public importance and provide reasonable opportunity …
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing,
2014
UC Law SF
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing, Jasmine A. Braxton
UC Law SF Communications and Entertainment Journal
This note examines the possibility of a unified transnational licensing system for digital streaming services. The note reviews the development of current streaming services and their individual struggles with domestic copyright law as a barrier to entry to new markets. The note draws a connection between the rise of streaming services and the reduction in piracy in certain regional markets. Finally, the note analyzes previous approaches to multinational licensing and uses these current streaming services in case studies to exemplify how successful a global licensing syndicate would be.
A Possibility Of The Korean Wave Renaissance Construction Through K-Pop: Sustainable Development Of The Korean Wave As A Cultural Industry,
2014
UC Law SF
A Possibility Of The Korean Wave Renaissance Construction Through K-Pop: Sustainable Development Of The Korean Wave As A Cultural Industry, Yeojin Kim
UC Law SF Communications and Entertainment Journal
In the era of the "digital road," Korean popular music ("K-Pop") has disseminated into every part of the world. In fact, South America, the farthest continent from Korea, goes wild for K-Pop, and the craze moves on to other continents naturally. Without Koreans having to recommend K-Pop, if listeners of K-Pop around the world believe that K-Pop has some charm, they absorb the trend and pass the music on to others. It has now come to the point where government agencies, the press, and entertainment management companies do not need to promote K-Pop because foreigners are consuming K-Pop feverishly on …
Copyright And Choreography: The Negative Costs Of The Current Framework For Licensing Choreography And A Proposal For An Alternative Licensing Model, Matt Kovac
UC Law SF Communications and Entertainment Journal
Although approaches rooted in copyright law are available, choreographers tend to rely instead on contract law in order to control distribution of their work; choreographers license their ballets to dance companies via contracts which are typically negotiated on an ad hoc basis. This relatively conservative approach allows choreographers to maintain tight artistic control over subsequent reproductions of their ballets, but it comes at a cost to both the dance community and the general public. This conservative approach to distribution means that a choreographic work may be performed infrequently or not at all, and it also forecloses the possibility for transformative …
Blurred Lines - Where Copyright Ends And Cultural Appropriation Begins - The Case Of Robin Thicke Versus Bridgeport Music And The Estate Of Marvin Gaye, Toni Lester
UC Law SF Communications and Entertainment Journal
Were Robin Thicke and Pharrell Williams perpetuating perceptions of misappropriation when they filed their declaratory judgment claim against the estate of Marvin Gaye? Or were they legitimately contributing to the evolving genre of R&B and soul music originated by black greats like Gaye and others? This article will answer these questions by first exploring the extent to which the song "Blurred Lines" constitutes illegal copyright infringement of "Gotta Give It Up" under the U.S. Copyright Act and traditional judicial interpretations thereof. It will then make some predictions about the outcome of the declaratory judgment claim currently under consideration in California.
The Fcc And Ancillary Power: What Can It Truly Regulate,
2014
UC Law SF
The Fcc And Ancillary Power: What Can It Truly Regulate, Matthew Eller
UC Law SF Communications and Entertainment Journal
This article will examine the turbulent history of section 629 of the Telecommunications Act, including its adoption and amendments, its claims as to "plug & play" devices, and the effects of the recent EchoStar Satellite LLC v. FFC holding. This article will begin with a brief history of section 629 and its proposed purpose, then discuss the industry's first attempt at industry-wide standards-first with CableCARD technology, then its successor, AllVid technology. This article will then analyze the purpose and history of the FCC's ancillary jurisdiction, the holding in the newly decided EchoStar Satellite LLC v. FCC, and the possible future …
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform,
2014
UC Law SF
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform, Paul Battista
UC Law SF Communications and Entertainment Journal
"Runaway" film and television production is a public policy issue that has been targeted for reform with the goal of its eradication, a goal that has not been achieved. The discussion has framed the issue as one relating to international trade policy and labor policy, and as a result proposals to eradicate the problem have been focused on these areas. This article takes the position that runaway film and television production is an international tax law issue that should be examined within the framework of U.S. international tax policy. In general, the U.S. international tax laws require reform because they …
