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Entertainment, Arts, and Sports Law Commons

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Articles 4801 - 4830 of 4956

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

People Ex Rel. Gow V. Mitchell Brothers: California Gropes For A Civil Obscenity Standard, Peter F. Frost Jan 1982

People Ex Rel. Gow V. Mitchell Brothers: California Gropes For A Civil Obscenity Standard, Peter F. Frost

Hastings Communications and Entertainment Law Journal

Recent years have seen an increase in the number of civil nuisance actions to restrain the exhibition of obscenity. Authorities have split over whether civil or criminal procedural standards should govern such actions. The California Court of Appeal, in People ex rel. Gow v. Mitchell Brothers Theatre, has addressed some of these issues. The author examines the court's reasoning regarding the appropriate remedies and standard of proof in such actions. In addition, the author addresses the propriety of a jury trial, concluding that a jury trial should be a matter of right in the determination of obscenity.


Cable Television Secured Financing, Robert G. Weiss, Alan G. Benjamin Jan 1982

Cable Television Secured Financing, Robert G. Weiss, Alan G. Benjamin

Hastings Communications and Entertainment Law Journal

Lenders financing cable television construction and operation commonly use the cable television system itself as collateral. This article focuses on the documentation requirements and the legal impediments to realization of anticipated cash flow. Documentation includes the security agreement and the financing statement; this article also examines documentation in relation to the municipal franchise. Legal impediments include rate controls, recent developments in antitrust law and competition from alternative technological systems such as subscription television, direct broadcast satellite, multipoint distribution service, satellite master antenna television, low power television and home view networks.


Control Of, And Access To, On-Line Computer Data Bases: Some First Amendment Issues In Videotex And Teletext, Henry Beck Jan 1982

Control Of, And Access To, On-Line Computer Data Bases: Some First Amendment Issues In Videotex And Teletext, Henry Beck

Hastings Communications and Entertainment Law Journal

Information stored in centralized data banks is now accessible by home computer over telephone and cable networks, and through over-the-air broadcasting. The proprietors of these data banks may be said to "publish" their information each time an end-user retrieves information from their data bases. If taken seriously, this concept of "electronic publication" raises important first amendment questions.

After a brief introduction to the nature of the new medium, this article discusses some of the first amendment issues involved in access to stored information bases and the "mirror image" problem of controlling such stored information. Because many of the potential first ...


Mississippi's Prohibition Of Alcoholic Beverage Advertising: A Constitutional Analysis, Charlotte K. Ito Jan 1982

Mississippi's Prohibition Of Alcoholic Beverage Advertising: A Constitutional Analysis, Charlotte K. Ito

Hastings Communications and Entertainment Law Journal

Mississippi prohibits alcoholic beverage advertising to further its interest in promoting temperance. This note applies the first amendment commercial speech standard to the advertising ban and concludes that the alcoholic beverage advertising ban is an unconstitutional restraint of free speech. Further consideration of the interplay between the first and twenty first amendments indicates that to the extent that the ban violates first amendment interests, it is unsupported by the twenty first amendment.


Employee And Independent Contractors: Legal Implications Of Conversion From One To The Other, Allan L. Bioff, Robert E. Paul Jan 1982

Employee And Independent Contractors: Legal Implications Of Conversion From One To The Other, Allan L. Bioff, Robert E. Paul

Hastings Communications and Entertainment Law Journal

No abstract provided.


Copyright Infringement: An Argument For The Elimination Of The Scenes A Faire Doctrine, Don M. Tamura Jan 1982

Copyright Infringement: An Argument For The Elimination Of The Scenes A Faire Doctrine, Don M. Tamura

Hastings Communications and Entertainment Law Journal

This note deals with a relatively obscure aspect of copyright law-the scones a faire doctrine. In recent years it has gained popularity as a defense for potential infringers. The note first discusses the background of copyright law and the elements of a copyright infringement action. Then, two major theories and a procedural methodology are outlined before the scones a faire doctrine is defined and analyzed. After comparing the doctrine with the established theories of copyright protection, the author concludes that the doctrine is seriously flawed and conflicts with the other theories.


The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart Jan 1982

The Irs, The Ins And The Foreign Entertainer, Richard D. Fraade, David B. Gardner, Allan Stewart

Hastings Communications and Entertainment Law Journal

This article discusses the interrelationship between the immigration and tax laws as they affect foreign entertainers and athletes. A survey of the types of visas available and the effect of those classifications upon taxation is examined. Additionally, the article outlines the reporting requirements of foreign entertainers, and emphasizes careful planning in structuring immigration and tax matters.


Commercialization Of Public Broadcasting, Craig Austin Dunagan Jan 1982

Commercialization Of Public Broadcasting, Craig Austin Dunagan

Hastings Communications and Entertainment Law Journal

Public broadcasters have increasingly turned to commercial revenue raising devices as a means of financing station operations. This comment discusses some of those devices, which are in reality subtle forms of advertising. The comment demonstrates that the quest for financing has led public broadcasters along the same path taken by commercial broadcasters, a path which ends with the adoption of commercials as a means of financing station operations. The comment focuses upon the policy issues, rather than the practical consequences, of allowing public broadcasters to engage in such commercial practices.


The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver Jan 1982

The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver

Hastings Communications and Entertainment Law Journal

Since 1976, when the United States Supreme Court decided Young v. American Mini Theaters, municipalities across the country have enacted zoning ordinances regulating adult entertainment, patterned after the ordinance upheld in Young. Unlike the ordinance in Young, many of these later ordinances have resulted in limitations upon protected speech. This note suggests a framework for analyzing the constitutionality of ordinances and moratoria which regulated the location of adult entertainment establishments.


Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne Jan 1982

Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne

Hastings Communications and Entertainment Law Journal

This note examines the standard of probable cause as the sole justification for prosecutorial intrusion on the individual's privacy. It argues that, given California's express constitutional guaranty of a right to privacy, the defendant in a criminal prosecution should not be forced to defend himself in a public forum until after probable cause for a trial has been established at the preliminary examination.


Divorce In The Entertainment Industry - Some Special Problems, Ovvie Miller Jan 1982

Divorce In The Entertainment Industry - Some Special Problems, Ovvie Miller

Hastings Communications and Entertainment Law Journal

Lawyers representing divorce clients in the entertainment industry are often presented with cases where the parties have substantial variations in annual income. Claims involving characterization and valuation of unique assets such as "right of publicity" also arise regularly. The legal background of these matters is reviewed from the perspective of California and New York law. The author offers practical advice to the lawyer who may have a case where these issues are presented.


Feature Film Secured Financing: A Transactional Approach For Lender's Counsel, Robert G. Weiss, Alan G. Benjamin Jan 1982

Feature Film Secured Financing: A Transactional Approach For Lender's Counsel, Robert G. Weiss, Alan G. Benjamin

Hastings Communications and Entertainment Law Journal

The authors describe the legal techniques that can be used by a secured lender's counsel to reduce the risks attendant upon the interim financing of feature films. The authors tell counsel how to accomplish the essential and inter-related tasks of (1) defining, perfecting and protecting a security interest in the feature film and related collateral; (2) assuring timely and on-budget delivery of the feature film; and (3) assuring receipt of promised presale advances used to "take out" the interim lender.


The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer Jan 1982

The Betamax Case: Another Compulsory License In Copyright Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


The Regulation Of Academic Standards In Intercollegiate Athletics, Ronald J. Waicukauski Jan 1982

The Regulation Of Academic Standards In Intercollegiate Athletics, Ronald J. Waicukauski

Articles by Maurer Faculty

No abstract provided.


Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin Jan 1982

Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin

Hastings Communications and Entertainment Law Journal

Restraints have long been imposed on speech and advertising by doctors and lawyers with the result that members of these professions have traditionally feared publicity. Modern times, however, witness increasing exposure of the professions in the media. The author examines the traditional restraints, First Amendment implications, and the performance of the media in presenting legal and medical issues. He proposes new standards for medical and legal reporters and reports, and concludes that involvement in public debate should be part of satisfactory professional conduct.


Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Gail Fleming Winson Jan 1982

Music And The Law: A Comprehensive Bibliography Of Law-Related Materials, Gail Fleming Winson

Hastings Communications and Entertainment Law Journal

No abstract provided.


A Media Labor Law Symposium: Introduction, David Tajgman Jan 1982

A Media Labor Law Symposium: Introduction, David Tajgman

Hastings Communications and Entertainment Law Journal

No abstract provided.


Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug Jan 1982

Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan Jan 1982

The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan

Hastings Communications and Entertainment Law Journal

This article discusses the effect, under the current Copyright Act, of deliberate omission of copyright notice from a published work. The authors assert that although Congress intended to minimize the significance of the notice requirement in the new statute, an ambiguity in the statutory language has resulted in an uncertainty about the copyright status of a work when the author deliberately omits the copyright notice. The article discusses the conflict between Professor Nimmer's opinion on the issue and the decision of a federal district court in O'Neill Development, Inc. v. Galen Kilburn, Inc. The authors conclude that notice ...


Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley Apr 1981

Publicity Never Dies; It Just Fades Away: The Right Of Publicity And Federal Preemption, David E. Shipley

Scholarly Works

This Article explores the nature and developing boundaries of the state law doctrine of the right of publicity. It investigates the doctrine's conflict with the 1976 Copyright Act and federal policy concerning intellectual property, and concludes that the 1976 Act precludes publicity actions aimed at protecting certain types of publicity interests. In other situations, the overriding objectives of federal copyright policy preempt the right to the extent that the right defined as perpetual; moreover, such protection in perpetuity violates the supremacy clause of the Federal Constitution. Many types of publicity actions, however, should escape preemption either because the asserted ...


The Past As Prelude: The Early Origins Of Modern American Sports Law, John Scanlan, Granville E. Cleveland Sr. Jan 1981

The Past As Prelude: The Early Origins Of Modern American Sports Law, John Scanlan, Granville E. Cleveland Sr.

Articles by Maurer Faculty

No abstract provided.


The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson Jan 1981

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

All Faculty Scholarship

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.


Stacked Competition And Phony Deregulation For At&(And)T: The Proposed Telecommunications Competition And Deregulation Act Of 1981, Louis B. Schwartz Jan 1981

Stacked Competition And Phony Deregulation For At&(And)T: The Proposed Telecommunications Competition And Deregulation Act Of 1981, Louis B. Schwartz

Hastings Communications and Entertainment Law Journal

No abstract provided.


Libel Law In The Twenty-First Century: Defamation And The Electronic Newspaper, Stephen R. Hofer Jan 1981

Libel Law In The Twenty-First Century: Defamation And The Electronic Newspaper, Stephen R. Hofer

Hastings Communications and Entertainment Law Journal

No abstract provided.


From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman Jan 1981

From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman

Hastings Communications and Entertainment Law Journal

No abstract provided.


Updating The Communications Act: New Electronics, Old Economics, And The Demise Of The Public Interest, Peter J. Kokalis Jan 1981

Updating The Communications Act: New Electronics, Old Economics, And The Demise Of The Public Interest, Peter J. Kokalis

Hastings Communications and Entertainment Law Journal

No abstract provided.


Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley Jan 1981

Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley

Hastings Communications and Entertainment Law Journal

No abstract provided.


State Action Immunity And Antitrust Issues In Cable Television Franchising, Stephen D. Susman, Mark L. D. Wawro Jan 1981

State Action Immunity And Antitrust Issues In Cable Television Franchising, Stephen D. Susman, Mark L. D. Wawro

Hastings Communications and Entertainment Law Journal

No abstract provided.


Cable Television, Government Regulation, And The First Amendment, Henry Goldberg, Robert W. Ross, Phillip L. Spector Jan 1981

Cable Television, Government Regulation, And The First Amendment, Henry Goldberg, Robert W. Ross, Phillip L. Spector

Hastings Communications and Entertainment Law Journal

No abstract provided.


Regulating Cable Television, Nicholas P. Miller, Alan Beals Jan 1981

Regulating Cable Television, Nicholas P. Miller, Alan Beals

Hastings Communications and Entertainment Law Journal

No abstract provided.