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Entertainment, Arts, and Sports Law Commons

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University of California, Hastings College of the Law

1991

Articles 1 - 25 of 25

Full-Text Articles in Entertainment, Arts, and Sports Law

Structural Implications Of Telephone Content Regulation: Lessons From The Audiotex Controversy, Patrick O'Neill Jan 1991

Structural Implications Of Telephone Content Regulation: Lessons From The Audiotex Controversy, Patrick O'Neill

Hastings Communications and Entertainment Law Journal

Audiotex is a mass communication service provided through the telephone network. As such, it may be a forerunner of an era of convergence in which information services may be considered under both mass communication and common carrier law. This Article examines some of the problems that arise from the application of first amendment principles to a medium of common carriage, especially the extent to which carriers may make editorial decisions concerning the content of information services.


The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden Jan 1991

The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden

Hastings Communications and Entertainment Law Journal

Title 17, section 505 of the United States Code allows a court, in its discretion, to award reasonable attorney's fees to the prevailing party in cases that arise under the Copyright Act. This Article focuses on the single issue of when the court should exercise this discretion. With no guidance from the statute or legislative history as to what the bounds of "discretion" are in this province, five circuits have adopted comprehensive yet conflicting standards. The law in these circuits, as well as the developing law in the remaining eight circuits, is discussed and analyzed.


With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg Jan 1991

With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg

Hastings Communications and Entertainment Law Journal

The common law has not looked favorably upon republishers of defamatory material, believing that "one who republishes a libel adopts it as his own." Starting from the fair report privilege and moving to the wire service defense and neutral reportage, courts have gradually carved out niches of protection for republishers. This Article first analyzes the wire service defense and proposes that it should be expanded to cover republished stories about public and private figures from reliable publications. After examining the history of neutral reportage, this Article then proposes a new constitutional privilege: Media defendants may rely on the privilege of ...


Preventing The Misappropriation Of Identity: Beyond The Right Of Publicity, Seth E. Bloom Jan 1991

Preventing The Misappropriation Of Identity: Beyond The Right Of Publicity, Seth E. Bloom

Hastings Communications and Entertainment Law Journal

The appropriation of an individual's name or likeness without that individual's consent subjects defendants to civil liability under the tort law doctrine known as the "right of publicity." While, as originally formulated, the doctrine protected only a person's name or likeness from misappropriation, in recent years the right of publicity has been substantially expanded to broadly protect against the misappropriation of one's "identity." While the original formulation of the doctrine may have been unnecessarily restrictive, expanding the protection afforded by the right of publicity to include characteristics beyond merely name or likeness carries its own dangers ...


The Art Auctioneer: Duties And Assumptions, Jorge Contreras Jan 1991

The Art Auctioneer: Duties And Assumptions, Jorge Contreras

Hastings Communications and Entertainment Law Journal

The sale of unique art objects at auctions has grown into a multi-million dollar industry in the United States, yet it is still regulated by antiquated notions of agency and sales law. This Article analyzes the legal rules which affect art auctioneers in light of some "common sense" assumptions about the auction process. It reveals that some practices of modem art auctioneers violate these basic assumptions and proposes a set of rules for art auctioneers that conforms with them.


Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus Jan 1991

Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus

Hastings Communications and Entertainment Law Journal

Digital sampling has developed into an essential tool in the production of a Rap music album. Indeed, sampling gives the genre its artistic vitality in its tendency to comment upon our society through a post-modem patchwork message. Attempting to stifle this message by sanctioning samplers through litigation using existing copyright law is undesirable. The needs of both samplers and the artists that they sample can be satisfied through the use of a voluntary, transactional licensing scheme. Sampled artists will receive recognition and reasonable royalties, and samplers will be unhindered in their creative production processes.


Rose Is In Red, Black Sox Are Blue: A Comparison Of Rose V. Giamatti And The 1921 Black Sox Trial, Michael W. Klein Jan 1991

Rose Is In Red, Black Sox Are Blue: A Comparison Of Rose V. Giamatti And The 1921 Black Sox Trial, Michael W. Klein

Hastings Communications and Entertainment Law Journal

When Cincinnati Reds manager Pete Rose received his banishment from Major League Baseball in 1989, after he was accused of betting on his own team, comparisons were immediately drawn to the Black Sox, the eight members of the White Sox who were banned from the game for allegedly throwing the 1919 World Series in return for payoffs from gamblers. Such comparisons are incomplete without an understanding of the legal settings of both incidents. This Note examines the judicial deference given to decisions of the Commissioner of Baseball and considers such deference in conjunction with Major League Baseball's unique exemption ...


Researching The Law Of Sports: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1991

Researching The Law Of Sports: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

Hastings Communications and Entertainment Law Journal

No abstract provided.


Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin Jan 1991

Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin

Hastings Communications and Entertainment Law Journal

Minority tax certificates have emerged as an important factor in transactions involving broadcast and cable properties. Since 1989, minority tax certificates have been issued in connection with the sale of broadcast stations and cable television systems totalling over $1 billion. This article explains the origin and use of tax certificates, from both the buyer's and seller's perspective.


Music Law And Business: A Comprehensive Bibliography, 1982-1991, Gail I. Winson, Janine S. Natter Jan 1991

Music Law And Business: A Comprehensive Bibliography, 1982-1991, Gail I. Winson, Janine S. Natter

Hastings Communications and Entertainment Law Journal

No abstract provided.


Simplified Syndication For Stage And Screen: A Proposal For Modifying Securities Laws For The Financing Of Theater And Film Production, Thomas A. Cohen Jan 1991

Simplified Syndication For Stage And Screen: A Proposal For Modifying Securities Laws For The Financing Of Theater And Film Production, Thomas A. Cohen

Hastings Communications and Entertainment Law Journal

Theater and film producers are hampered in their fundraising efforts by inconsistent and irrelevant securities laws. At the same time, investors are not adequately protected by the current disclosure requirements, which are costly and uninformative. Public policy in general, and New York practice in particular, support affirmative changes in this situation. This Note proposes uniform laws and guidelines, specifically adapted to stage and screen, that should be adopted by the SEC, the NASAA, and the individual states.


Structuring Media Joint Ventures In The European Community, Anne Moebes Jan 1991

Structuring Media Joint Ventures In The European Community, Anne Moebes

Hastings Communications and Entertainment Law Journal

This article explores the compelling reasons why U.S. media firms should co-produce and distribute programming in the European Community. The article then outlines the various legal and practical hurdles to be anticipated by U.S. firms and suggests a plan to allow U.S. firms to structure to comply with legal restrictions without sacrificing the ultimate benefits to be gained. Attention is focused on the European Community's content restrictions on foreign programming, juxtaposed with the international implications of the Federal Communications Commission's recent financial-syndication rule changes. Finally, because copyright protection is an important consideration in any venture ...


The Struggle Over Performing Rights To Music: Bmi And Ascap Vs. Cable Television, Janet L. Avery Jan 1991

The Struggle Over Performing Rights To Music: Bmi And Ascap Vs. Cable Television, Janet L. Avery

Hastings Communications and Entertainment Law Journal

Broadcast Music, Inc. (BMI) chose not to sell or renew blanket licenses for the performance rights to music for cable television programmers and operators unless they agreed to pay substantially higher fees for the licenses than they had in the past. This lead to multiple law suits between BMI and the cable companies in which BMI claimed copyright infringement and the cable programmers and operators claimed antitrust violations, violation of a consent decree, and copyright misuse. The trial court in one of these cases found for BMI. The American Society of Composers, Authors, and Publishers (ASCAP) also attempted to increase ...


Allocating Spectrum Through The Use Of Auctions, Terrence J. Schroepfer Jan 1991

Allocating Spectrum Through The Use Of Auctions, Terrence J. Schroepfer

Hastings Communications and Entertainment Law Journal

This article provides an overview of auctions and proposes a bidding format for use in a potential spectrum auction. An auction is a mechanism designed to recreate the competitive market when competition is hindered by a limited number of participants or a lack of pricing information. Although supporters of spectrum auctions frequently point to the potential revenue generation from a sale of spectrum, most economists support auctions because, if implemented in accordance with economic theory, they enhance economic efficiency.

The author proposes a sealed second-bid format for use in any potential spectrum auction. This format protects against collusion through the ...


Researching The Law Of Motion Pictures: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1991

Researching The Law Of Motion Pictures: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Visual Artists Rights Act, Timothy M. Casey Jan 1991

The Visual Artists Rights Act, Timothy M. Casey

Hastings Communications and Entertainment Law Journal

This note introduces and provides a brief legislative history of the Visual Artists Rights Act (VARA) of 1990, an amendment to the copyright laws of the United States. The VARA gives protections to certain visual artists previously not accorded by United States law. This legislation makes United States law consistent with the terms of the Berne Convention by protecting the moral rights of artists. In addition, the VARA eliminates the disparities in current law among the individual states. Finally it gives U.S. artists the same rights as their counterparts in other industrialized countries. The Visual Artists Rights Act corrects ...


Presenting Technologically Complex Cases To Lay Judges And Juries, Richard H. Abramson Jan 1991

Presenting Technologically Complex Cases To Lay Judges And Juries, Richard H. Abramson

Hastings Communications and Entertainment Law Journal

Technologically complex cases present trial lawyers with a significant challenge; before they can persuade the trier of fact of the rectitude of their client's position, they must ensure that it comprehends the fundamentals of the technology at issue. This article comments on the dangers lawyers face in meeting this challenge, and suggests that a little creativity, when combined with available procedural and technological devices, can adequately educate the decision maker in all but the most unusual case.


Misuse: An Equitable Defense To Intellectual Property Infringement Actions, Alan R. Geraldi Jan 1991

Misuse: An Equitable Defense To Intellectual Property Infringement Actions, Alan R. Geraldi

Hastings Communications and Entertainment Law Journal

The plaintiff's illegal extension of a patent right has historically been a successful defense to a patent infringement claim. Recently, the illegal extension of a monopoly right or "misuse" defense has been applied to copyright and trademark infringement claims as well. This article discusses the utilization of the misuse defense in patent, copyright, and trademark cases. It explores the case history of the misuse defense and summarizes the elements to the defense in each area.


Telephonic Testimony In Criminal And Civil Trials, Eric Croft Jan 1991

Telephonic Testimony In Criminal And Civil Trials, Eric Croft

Hastings Communications and Entertainment Law Journal

Telephonic communication has been proposed as a partial solution to the growing expense in criminal matters and civil litigation across the United States. While courts and attorneys have generally accepted using the telephone for motion practice and oral argument, they have been reluctant to accept using the telephone to directly communicate a witness' testimony to the courtroom and jury. At the same time, courts generally allow a party to read a witness' deposition to the jury. This note argues that telephonic testimony is generally superior to the courtroom reading of a deposition in terms of the probative information each communicates ...


Introduction To The Software Patent Debate, Eric Croft Jan 1991

Introduction To The Software Patent Debate, Eric Croft

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Case For Software Patent Protection, Willis E. Higgins Jan 1991

The Case For Software Patent Protection, Willis E. Higgins

Hastings Communications and Entertainment Law Journal

Some programmers, especially those in an academic environment, believe that strong intellectual property protection for software is undesirable. Other programmers, especially those in start-ups and small companies, find that copyright and patent protection for software is necessary to secure venture funding for product development. Such protection also allows them to protect their companies against competition by larger companies and others who would otherwise use the programmer's unprotected innovation without having to make a development effort comparable to that of the originator. Copyrights and patents promote economic growth and innovation in software by rewarding the creators of original works and ...


Lotus Development V. Paperback Software: The Overextension Of Copyright Protection To Functional Aspects Of Computer Software, Dag Johansen Jan 1991

Lotus Development V. Paperback Software: The Overextension Of Copyright Protection To Functional Aspects Of Computer Software, Dag Johansen

Hastings Communications and Entertainment Law Journal

The Copyright Act protects computer programs, but the exact scope of protection has never been firmly established. Recently, computer software producers have attempted to use the copyright protection of the underlying program to protect the user interface, also known as the "look and feel." In Lotus Development v. Paperback Software, a district court granted broad protection to the user interface of the Lotus 1-2-3 spreadsheet. This article examines the Lotus decision and concludes that the decision improperly extended copyright to protect functional elements of the program.


Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof Jan 1991

Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof

Hastings Communications and Entertainment Law Journal

In an age when businesses survive on the purchase and sale of information, finding new ways to protect personal information is important. Caller identification displays a caller's telephone number to the recipient of the call. Businesses use the identified number to access personal information about the caller and to create mailing lists. Meanwhile, telephone companies make a tidy profit charging for number identification. Therefore, this Comment, rather than claiming caller identification violates constitutional privacy rights, argues that caller identification violates a caller's rights and tortiously appropriates his name and likeness.


Introduction To Computer Law, Leonard D. Duboff Jan 1991

Introduction To Computer Law, Leonard D. Duboff

Hastings Communications and Entertainment Law Journal

This article introduces the reader to the computer law which is the basis for this symposium. It begins by tracing the history of the development of computers and then considers the parallel development of computer software. Next, it sketches some of the significant events which have marked the legal evolution of computer law. Finally, the author introduces the pieces which appear in this volume and provides a very brief summary of each.


Against Software Patents: The League For Programming Freedom, The League For Programming Freedom Jan 1991

Against Software Patents: The League For Programming Freedom, The League For Programming Freedom

Hastings Communications and Entertainment Law Journal

Software patents threaten to devastate the U.S. computer industry. Until the Supreme Court's decision in Diamond v. Diehr in 1981, computer software was viewed as unpatentable. Regardless of whether or not that decision and subsequent decisions expanding the scope of patent protection for computer software are legally correct, they are bad policy. Patent protection is inappropriate for computer software. The growing number of software patents, many for obvious and well-known techniques, threaten to stifle innovation and make the development of computer software prohibitively expensive.