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Hastings Communications and Entertainment Law Journal

1983

Articles 1 - 26 of 26

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

Journalists' Interference With Police: The First Amendment, Access To News And Official Discretion, Kent R. Middleton Jan 1983

Journalists' Interference With Police: The First Amendment, Access To News And Official Discretion, Kent R. Middleton

Hastings Communications and Entertainment Law Journal

A journalist at a news scene, such as the site of a car accident with trapped victims, may be denied access by police officer who believes the journalist's presence will hinder his performance. In such situations, the journalist's interest in access to obtain news and the officer's interest in performing official duties are in conflict. This conflict is analyzed in the author's discussion of New Jersey v. Lashinsky where a news photographer refused to leave a news scene at an officer's request and was prosecuted and convicted for interference. The author argues that the New ...


The Disabled Student Athlete: Gaining A Place On The Playing Field, Kathleen De Santis Jan 1983

The Disabled Student Athlete: Gaining A Place On The Playing Field, Kathleen De Santis

Hastings Communications and Entertainment Law Journal

Historically, students with physical or mental impairments were barred from participating on school sports teams because school officials feared that these disabled students faced a greater risk of serious injury than their non-handicapped peers. The author examines recent student challenges to athletic disqualification decisions and concludes that the equal protection clause and section 504 of the Rehabilitation Act provide effective means for combatting handicap discrimination in school athletics.


Metromedia V. San Diego Iii: Content Regulation, Commercial Speech, And The California Supreme Court's Recent Billboard Decision, Steven Saxton Jan 1983

Metromedia V. San Diego Iii: Content Regulation, Commercial Speech, And The California Supreme Court's Recent Billboard Decision, Steven Saxton

Hastings Communications and Entertainment Law Journal

In Metromedia v. San Diego III, the California Supreme Court laid to rest San Diego's billboard ordinance, rejecting guidelines set forth by the United States Supreme Court for curing the ordinance's constitutional defects. This note examines the reasons for the California court's decision. The author analyzes the various uses of "content neutrality" in first amendment adjudication, and traces the influence of content neutrality principles on the development of commercial speech doctrine. In turn,this analysis is applied to the Metromedia cases to explain the inconsistencies among them.


Subliminal Projection: History And Analysis, Thomas Albert Bliss Jan 1983

Subliminal Projection: History And Analysis, Thomas Albert Bliss

Hastings Communications and Entertainment Law Journal

This article examines subliminal projection, the process whereby information is transmitted to one's subconscious without one's knowledge, as it applies to audio-visual media. The author outlines the psychological basis for the process, then describes the various techniques that have been devised for exploiting the process. A detailed history of experimental and nonexperimental applications is followed by a discussion of the responses by lawmaking, regulatory and programming bodies to those applications and the process in general. The author argues that, lacking statutory bases for prevention of the use of subliminal projection, the most appropriate tort theory on which to ...


Protecting And Regulating Commercial Speech: Consumers Confront The First Amendment, Barbara Burnett Jan 1983

Protecting And Regulating Commercial Speech: Consumers Confront The First Amendment, Barbara Burnett

Hastings Communications and Entertainment Law Journal

Although courts have determined the necessity of regulating commercial speech, first amendment considerations also require commercial speech be accorded a certain amount of protection from regulation. Preventing false and deceptive advertising is the express goal of such regulation. The author suggests a functional analysis approach be applied to commercial speech to determine the extent of first amendment protection due. Functional analysis would break down commercial messages into those that are factually verifiable and those that are subjective. The author suggests this approach would be the first step to providing a standard by which messages may be evaluated for constitutional protection.


The Reexamination Of Cable Television's Compulsory Licensing Royalty Rates: The Copyright Royalty Tribunal And The Marketplace, Dale N. Hatfield, Robert Alan Garrett Jan 1983

The Reexamination Of Cable Television's Compulsory Licensing Royalty Rates: The Copyright Royalty Tribunal And The Marketplace, Dale N. Hatfield, Robert Alan Garrett

Hastings Communications and Entertainment Law Journal

This article examines the compulsory licensing royalty rates which the Copyright Revision Act of 1976 imposed on cable operators. The authors assert that changing conditions in the cable industry have eliminated the original need for a strict royalty schedule, and that the Copyright Royalty Tribunal, in its discretion, should adopt new rates which reflect those reasonably charged in the marketplace. The authors additionally argue that Congress itself should use this marketplace approach to amend the statutory rates applied to distant signal programming retransmitted by cable.


Workers' Compensation Insurance For Entertainment Loan-Out Corporations, Edward Branigan, Bruce M. Stiglitz Jan 1983

Workers' Compensation Insurance For Entertainment Loan-Out Corporations, Edward Branigan, Bruce M. Stiglitz

Hastings Communications and Entertainment Law Journal

This article is an insightful discussion of the factors a California "loanout" corporation must weigh in determining what type of workers' compensation coverage, if any, it should purchase. Certain "loan-out" corporations may, according to statute, elect not to purchase coverage. Corporations so electing assume numerous risks in not purchasing coverage and may have unexpected liability to injured persons. The authors point out certain, less expensive, coverage plans may be appropriate for some "loan-out" corporations in lieu of complete or no coverage. They also reveal several ways that a "loan-out" corporation may avoid liability if it purchases partial coverage or does ...


What's Entertainment - An Inquiry Into The Educational And Amusing Aspects Of Educational Play Parks, Jennifer J. Martin Jan 1983

What's Entertainment - An Inquiry Into The Educational And Amusing Aspects Of Educational Play Parks, Jennifer J. Martin

Hastings Communications and Entertainment Law Journal

An innovative type of amusement park offering a blend of education and entertainment is emerging throughout the country. The author discusses whether these educational play parks should be considered as educational facilities or amusement parks for state and local amusement tax purposes. The focus of the discussion is the examination of the terms "education" and "amusement." The author analyzes the impact of the ruling in Big Mama Rag, Inc. v. United States, and the issues in the dispute between the first educational play park, Sesame Place, and the township of Middleton.


Voir Dire: Is There A Consitutional Right Of Access, Kathleen A. Kelly Jan 1983

Voir Dire: Is There A Consitutional Right Of Access, Kathleen A. Kelly

Hastings Communications and Entertainment Law Journal

The United States Supreme Court has ruled upon the public's constitutional right to attend criminal trials in Richmond Newspapers, Inc. v. Virginia, and the right to attend preliminary hearings in Gannett Co. v. DePasquale. This note analyzes whether there is a constitutional right of access to voir dire. The note explores the distinction between trial and pretrial events and the historical practice and structural purpose of voir dire. The author suggests that voir dire be considered under the Gannett analysis. Accordingly, the author concludes that there is no constitutionally guaranteed right to attend voir dire.


The Trouble With T-Shirts: Merchandise Bootlegging In The Music Industry, Andrew E. Clark Jan 1983

The Trouble With T-Shirts: Merchandise Bootlegging In The Music Industry, Andrew E. Clark

Hastings Communications and Entertainment Law Journal

Merchandise bootlegging is a serious problem in the music industry. Since potential profits are enormous and the bootleggers' costs of doing business are negligible, a host of entrepreneurs have entered the bootlegging business and are reaping millions of dollars of illicit profits. Artists and licensed merchandisers through legal efforts have helped to alleviate the problem but additional action is required. The author examines bootlegging and analyzes the theories upon which legal actions have been based. In concluding that the current remedies are inadequate, the author proposes legislative solutions that will result in effectively protecting the rights of artists and licensed ...


The Developing Methodology For Analyzing Privacy Torts, Duncan M. Davidson, Jean A. Kunkel Jan 1983

The Developing Methodology For Analyzing Privacy Torts, Duncan M. Davidson, Jean A. Kunkel

Hastings Communications and Entertainment Law Journal

The authors assert the need for a common method of analyzing privacy situations that can be applied consistently by practitioners, juries and courts. They contend that confusion exists as to the legal basis of privacy torts because the right of privacy, as originally conceived by Warren and Brandeis, was never adequately defined. Prosser's analysis of privacy torts departs from the Warren and Brandeis formulation and, according to the authors, also can be criticized for lack of definition. The authors present a new methodology that analyzes privacy torts based upon the scope of consent standard. They maintain that the result ...


Eliminating The Network/Cable Cross-Ownership Ban: Does A Free Market Protect The Marketplace Of Ideas, Noy S. Davis Jan 1983

Eliminating The Network/Cable Cross-Ownership Ban: Does A Free Market Protect The Marketplace Of Ideas, Noy S. Davis

Hastings Communications and Entertainment Law Journal

As part of its policy of deregulation, the Federal Communications Commission (FCC) has proposed eliminating its rule that prohibits broadcast networks from owning cable systems. This note examines a report by two of the FCC's staffs in which it is recommended that the network/ cable cross-ownership ban rule be abolished. The note discusses the economic and first amendment considerations behind the ban and proposes a market analysis to be used in determining whether first amendment concerns are better protected with or without the rule.


Trade Screening Laws: A Survey And Analysis, Thomas A. Bartasi Jan 1983

Trade Screening Laws: A Survey And Analysis, Thomas A. Bartasi

Hastings Communications and Entertainment Law Journal

For years, movie distributors have used "blind bidding," a licensing method under which an exhibitor bid and negotiated sight unseen, for the right to exhibit a motion picture. This article presents a comprehensive survey of state statutes, known as "trade screening laws," which have attempted to make the licensing process more open and fair. By examining the restrictions and prohibitions contained in the various statutes, this survey is directed at assisting legislators who seek to enact or revise trade screening laws.


The Danger Of Illusion: A Critique Of Safety Regulations In The Television And Motion Picture Industry, Shawn M. Christianson, S. Claire Soper Jan 1983

The Danger Of Illusion: A Critique Of Safety Regulations In The Television And Motion Picture Industry, Shawn M. Christianson, S. Claire Soper

Hastings Communications and Entertainment Law Journal

Numerous accidents on movie sets in recent years have heightened concern over how the entertainment industry is protecting the safety of its actors and crews. This note explores statutory remedies and intra-industry safety regulations available to minimize the dangers and concludes they are inadequate. The authors suggest specific legislation which would require safety monitors on the set, more careful control of explosives, and higher monetary penalties for safety violations.


Simon Geller And The Comparative Renewal Process: What's Good For Gloucester, Frances C. Lindemann Jan 1983

Simon Geller And The Comparative Renewal Process: What's Good For Gloucester, Frances C. Lindemann

Hastings Communications and Entertainment Law Journal

The Federal Communications Commission (FCC) employs a "comparative renewal process" in determining which of two mutually exclusive applicants should be granted a broadcasting license. This note examines the controversial method used in awarding licenses by focusing on the case of Simon Geller, the first instance in which the FCC failed to renew an existing broadcasting license when challenged by a new applicant. It considers the factors weighed in the comparative renewal process, questions whether they were accurately applied in the Geller case, and discusses whether the comparative renewal process really protects the "public interest."


The Athlete As Public Figure In Light Of Gertz V. Robert Welch, Inc., Or Torts In Sports: The Role Of The Courts, Richard M. Wise Jan 1983

The Athlete As Public Figure In Light Of Gertz V. Robert Welch, Inc., Or Torts In Sports: The Role Of The Courts, Richard M. Wise

Hastings Communications and Entertainment Law Journal

Recognizing the need for a systematic treatment of the public figure doctrine in relation to professional athletes, this article examines the tension between first amendment rights of free speech and the athlete's right to privacy. The author presents a brief history on the law of defamation and analyzes the differences between limited and general public figures. Supporting a flexible framework of analysis, he proposes close scrutiny of the mitigating factors of time and audience. Only then, he concludes, will the courts be able to protect both the constitutional guarantees of free speech and the athlete's personal interest in ...


Constitutional Limitations On Libel Actions: A Bibliography Of New York Times V. Sullivan And Its Progeny, 1964-1984, Frank G. Houdek Jan 1983

Constitutional Limitations On Libel Actions: A Bibliography Of New York Times V. Sullivan And Its Progeny, 1964-1984, Frank G. Houdek

Hastings Communications and Entertainment Law Journal

No abstract provided.


Spotlight On The Jury: Trial Publicity And Juror Privacy, Susan L. Greenberg Jan 1983

Spotlight On The Jury: Trial Publicity And Juror Privacy, Susan L. Greenberg

Hastings Communications and Entertainment Law Journal

The note examines the current law regarding media coverage of jury trials and the effect of such publicity on the privacy rights of jurors. The author proposes that the competing rights of jurors and the media be balanced in order that jurors' privacy rights may be protected without excluding the media from the courtroom.


Cable-Copyright: The Corruption Of Consensus, Leslie A. Swackhamer Jan 1983

Cable-Copyright: The Corruption Of Consensus, Leslie A. Swackhamer

Hastings Communications and Entertainment Law Journal

The author examines the cable-copyright issue of whether Congress should impose full copyright liability on cable. In an historical overview, the author details the origins of the FCC's .Consensus Agreement and the compulsory license provision of the 1976 Copyright Revision Act as it limits copyright liability. The writer explores the continued validity of the compulsory license in view of the financial growth and stability of the cable industry and the video marketplace and analyzes the effect of the FCC's deregulation of cable on the Consensus Agreement and the Copyright Royalty Tribunal. The author suggests that copyright principles dictate ...


What Does Negligence Mean In Defamation Cases, Marc A. Franklin Jan 1983

What Does Negligence Mean In Defamation Cases, Marc A. Franklin

Hastings Communications and Entertainment Law Journal

Ten years have passed since the Supreme Court decided Gertz v. Robert Welch, Inc. and introduced "fault" analysis into defamation cases. The author examines how the courts have approached the determination of a defendant's fault in the years since Gertz. He further reviews recent statistical data and insurance trends, and analyzes the impact that the emergent negligence standard has had on libel litigation.


The Copyrightability Of Jokes: Take My Registration Deposit...Please, Gayle Herman Jan 1983

The Copyrightability Of Jokes: Take My Registration Deposit...Please, Gayle Herman

Hastings Communications and Entertainment Law Journal

In an examination of the copyrightability of jokes, this note explores the limitations of the existing case law in preventing the pirating of the material of joke writers and analyzes how the unique features of a joke inhibit protection under the 1976 Copyright Act. The note concludes with suggestions for affording the joke-writing industry more protection, including changes in the judicial interpretation of the copyright law and regulatory licensing by the profession itself.


The Selig Case And Amortization Of Player Contracts: Baseball Continues Its Winning Ways, S. Barksdale Penick Jan 1983

The Selig Case And Amortization Of Player Contracts: Baseball Continues Its Winning Ways, S. Barksdale Penick

Hastings Communications and Entertainment Law Journal

Over the years professional sports teams have enjoyed special treatment under the law. In the mid-1970's, however, there was a general tightening of the tax treatment of sports teams. This note examines the Tax Reform Act of 1976 and recent court decisions which have tried to determine the proper allocation of cost to player contracts purchased with a sports franchise. Although no accurate method of allocating cost has yet been found, the author concludes that the court in Selig v. United States went too far in permitting significant amortization deductions for owners of baseball teams and that this extreme ...


Copyright Protection For Video Games, Computer Programs And Other Cybernetic Works, Marilyn A. Brody Jan 1983

Copyright Protection For Video Games, Computer Programs And Other Cybernetic Works, Marilyn A. Brody

Hastings Communications and Entertainment Law Journal

Computer software is an increasingly important form of intellectual property. Continued investment and development depends on patent or copyright protection, but as Apple v. Franklin demonstrates, courts disagree as to the appropriateness of such protection. Consistent application of the law based on a clear understanding of the underlying technologies is essential. Against this background, and using concepts from cybernetics and information theory, a specialized form of copyright is suggested as the appropriate protection mechanism.


Video Game Regulation And The Courts, Linda Sue Dobb Jan 1983

Video Game Regulation And The Courts, Linda Sue Dobb

Hastings Communications and Entertainment Law Journal

Local governments have traditionally used anti-gambling, licensing and curfew statutes to control the presence of pinball machines, pool halls and bowling alleys within their communities. This note analyzes the recent use of similar statutes to limit the number of video games, the location of video arcades and the ownership of amusement centers. It concentrates on the constitutional challenges by owners of video devices to anti-gambling, licensing and curfew statutes as applied to these games. The rights of property owners, youths and games players of all ages are examined as courts decide whether "Pac-Man," 'Space Invaders" and "Asteroids" are entitled to ...


Fcc Regulation And Other Oxymorons: Seven Axioms To Grind, Erwin G. Krasnow, Harry F. Cole, William E. Kennard Jan 1983

Fcc Regulation And Other Oxymorons: Seven Axioms To Grind, Erwin G. Krasnow, Harry F. Cole, William E. Kennard

Hastings Communications and Entertainment Law Journal

This article takes a light-hearted, yet pointed, look at the regulatory policies of the FCC. In particular, the authors discuss seven regulatory axioms that seem to have plagued the Commission in keeping up with communications technology. If the Commission were willing to discard these "antediluvian" maxims, there is hope that the Commission can adapt to the electronic media. To this end, the authors suggest seven modern axioms to replace those that the Commission presently follows.


Don't Make Waves: Am Stereophonic Broadcasting And The Marketplace Approach, Mark Peyton Schreiber Jan 1983

Don't Make Waves: Am Stereophonic Broadcasting And The Marketplace Approach, Mark Peyton Schreiber

Hastings Communications and Entertainment Law Journal

This note discusses AM stereophonic broadcasting and examines the FCC's approach for the implementation of this new service. The selection of the technical standard for AM stereo was left to market forces after the Commission found itself unable to choose one proposal to be the standard. The author demonstrates why this approach is inappropriate. Of the remaining regulatory avenues available, the author feels the FCC should revise the evaluation process to more accurately reflect the differences among the proposed standards. From this fresh comparison, one should be selected to be the AM stereo standard. The Kahn proposal appears to ...