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ENTERTAINMENT LAW

LAW 883, § R / Spring 1999 / 2 Credits
Mondays, 6:00 p.m. - 8:00 p.m.
206 Library Building, HARRISBURG



WILLIAM MARTIN SLOANE, Adjunct Faculty

(717) 249-1069 | sloane@acfei.com | AOL/Yahoo IM: airforce08



University of Pittsburgh

This page is
accessible
also through

University of Texas

University of Alabama




Entertainment Law | Legal Research | Sloane Home | The West Education Network (TWEN)



BOOK: Paul C. Weiler, Entertainment, Media, and the Law: Text, Cases, Problems (West, 1997).



READING ASSIGNMENTS

CLASS: DATE 1999 PAGES TOPICS
#1:
25 January
v-vii and 1-75 LEGAL RESTRAINTS ON ENTERTAINMENT STORIES: Sex and Violence in Entertainment and the Law
#2:
1 February
75-156 Entertaining the Public With Individual Lives
#3:
8 February
156-228 Celebrity Publicity Rights
#4:
15 February
228-314 INTELLECTUAL PROPERTY IN ENTERTAINMENT ASSETS: Elements of Copyright Protection
#5:
22 February
314-383 Entertainment Innovations and Intellectual Property Rights
#6:
1 March
383-462 Alternative Sources of Entertainment Property Rights
No class
8 March
. . . . . .
#7:
15 March
462-538 CONTRACTUAL RELATIONS IN THE ENTERTAINMENT INDUSTRY: Contract Formation and Duration
#8:
22 March
538-615 Entertainment Contract Obligations
#9:
29 March
615-692 Entertainment Contract Remedies and Liabilities
#10:
5 April
692-768 Entertainment Representation and Regulation
#11:
12 April
768-845 INDUSTRY ORGANIZATION, ECONOMIC POWER, AND LEGAL REGULATION IN THE ENTERTAINMENT WORLD: Performer Organization
#12:
19 April
845-928 Entertainment Conglomerates Under Corporate and Antitrust Law
#13:
26 April
928-998 Entertainment in a New Telecommunications World
Tuesday,
4 May
Final Examination . . .


SCOPE AND EMPHASIS: This is a course about the entertainment aspects of the mass media, as distinguished from, e.g., LAW 867 (Communication Law), which emphasizes issues pertaining to journalism. Major topics include the First Amendment, torts (defamation, emotional distress and privacy), copyright, contracts, and labor law.

REQUIREMENTS: (1) Students should read all of the casebook assignments according to the above schedule. (2) Students should check the course TWEN page before each class for announcements and other information posted by the instructor or by other students. (3) Students will take a traditional, in-class, closed-book final examination consisting of three essay questions, each weighted equally. The questions will be based on issues raised in the casebook and/or class discussion.

ATTENDANCE: The ABA and Widener University policy is that students must attend at least 10.4 classes without exception. No excuses can be accepted for failing to meet this residency requirement. Anyone who misses 2.7 or more classes will receive a course grade of "W"; the instructor will endeavor, but does not guarantee, to notify students who are approaching this limit. Arriving late or leaving early is counted as a partial absence (i.e., every 12 minutes or major fraction thereof = 0.1 cut). A student who misses the roll call at the beginning of class is irrebuttably presumed to be absent unless he/she makes his/her presence known to the instructor immediately after class.

COMMUNICATION: Students are encouraged to contact the instructor at any time, either privately via email or phone, or publicly via the TWEN bulletin board for the course. Individual meetings can be arranged at a mutually convenient time and place.

GRADING: The course grade will be determined by the grade received on the final examination, which may be raised or lowered by one grade (e.g., from B+ to A-, or from C to C-) on the basis of the student's class participation. The instructor will be available over the summer to review the final exams with any student who is interested and to suggest means for improvement in writing successful essay answers.



“The TV business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs.” --Hunter S. Thompson

Selected First Amendment "Macro-Issues"

(1) Access Theory: Freedom v. Competition; Speaking v. Hearing; Kant v. Mill

Associated Press v. United States (1945)

Red Lion Broadcasting Co. v. Federal Communications Commission (1969)

Columbia Broadcasting System v. Democratic National Committee (1973)

Miami Herald Broacasting Co. v. Tornillo (1974)

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976)

Central Hudson Gas & Electric Co. v. Public Service Commission (1983)

Muir v. Alabama Educational Television Commission (1983)*

Syracuse Peace Council v. Federal Communications Commission (1990)

(2) "Strings Attached" & "Waiver of Rights" v. "Constitutional Right to a Subsidy"

Grosjean v. American Press Co. (1936)

American Communications Association v. Douds (1950)

*Muir v. Alabama Educational Television Commission (1983)

Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue (1983)

Federal Communications Commission v. League of Women Voters of California (1984)

Central Intelligence Agency v. Sims (1985)

Arkansas Writers' Project v. Ragland (1987)

Leathers v. Medlock (1991)

Rust v. Sullivan (1991)

Weathers v. Churchill (1994)

Rosenberger v. Regents and Visitors of the University of Virginia (1995)

Can you think of any other cases that should be included on either list?




Minimum Fault Standard for Each LIBEL Element

At
Common
Law

After New York Times Co. v. Sullivan (1964)

After Gertz v. Robert Welch, Inc. (1974)

After Dun & Bradstreet v. Greenmoss Builders (1985)

After Philadelphia Newspapers v. Hepps (1986)

Publication

At least negligence

At least negligence

At least negligence

At least negligence

At least negligence

Identification

Strict liability

Strict liability, but must actually identify

Strict liability, but must actually identify

Strict liability, but must actually identify

Strict liability, but must actually identify

Defamation

Strict liability

Strict liability

Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury

Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury

Strict liability, but P who cannot prove actual malice (as to falsity) must prove actual injury

Falsity

Strict liability, with burden on D to prove truth

Strict liability, with burden on D to prove truth; but if P is a public official being criticized for performance of official duties, then P must prove actual malice

(Topic is of public concern): At least negligence, with burden on D to prove truth; if P is seeking presumed or punitive damages, or if P is a public figure seeking ANY damages, then P must prove actual malice

(Topic is of private concern): Same as before, but as long as P is a private figure, then negligence is sufficient to receive presumed or punitive damages

If there is a media D and the topic is of public concern, then P (public or private figure) must prove falsity

 

 

© 1992 by
Wm. M. Sloane



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