Essential Principles of Communications Law

By Donald E. Lively | Go to book overview

tional, ApS v. Carol Publishing Group, in which numerous passages from an author's published works were included in an unflattering biography. Although the district court had enjoined publication pending elimination of what it considered to be infringing excerpts, the court of appeals found their incorporation to be fair use. Notwithstanding publication of the book for profit, the appeals court distinguished the circumstances from Harper & Row on grounds that they did not concern "underhanded" action calculated to realize "undeserved economic profit." It also emphasized the factual and published nature of the copyrighted works and that the book at issue did not draw too heavily upon them. Finally, the court determined that harm to the marketability of a forth- coming authorized biography resulting from a "devastating critique" was not a concern of copyright law.

Special copyright problems have arisen in the context of cable television. At a time when cable largely was a retransmission or siphoning medium, the Supreme Court held that its service was not a "performance for profit." Consequently, it was not subject to copyright liability and could retransmit broadcast signals without obtaining permission of copyright owners whose works might be implicated. Pursuant to the Copyright Act of 1976, Congress has required cable operators retransmitting copyrighted programming to pay a license fee. The amount of the fee is set by the Copyright Royalty Tribunal, which also distributes monies collected pursuant to a complex formula intended to account for the interests of broadcasters and the producers and syndicators of programs. Despite claims by broadcasters that the fee-distribution system grossly undervalues their interests, and by cablecasters that it makes signal carriage in some instances prohibitively expensive, the scheme has survived legal challenge.


REFERENCES

CASES

A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts, 383 U.S. 413 ( 1966).

American Booksellers Association, Inc. v. Hudnut, 771 F.2d 323 (7th Cir. 1985), cert. denied, 475 U.S. 1132 ( 1986).

Beauharnais v. Illinois, 343 U.S. 250 ( 1952).

Bigelow v. Virginia, 421 U.S. 809 ( 1975).

Branzburg v. Hayes, 408 U.S. 665 ( 1972).

Browning-Ferris Industries of Vermont, Inc. v. Kelso Disposal, Inc., 109 S. Ct. 2909 ( 1989).

Cantrell v. Forest City Publishing Co., 419 U.S. 245 ( 1974).

Capital Broadcasting Co. v. Mitchell, 333 F. Supp. 582 (D.D.C. 1971), aff'd., 415 U.S. 1000 ( 1972).

-113-

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Essential Principles of Communications Law
Table of contents

Table of contents

  • Title Page iii
  • TO PAM AND RICO v
  • Contents vii
  • Preface xiii
  • Part One THE NATURE AND LAW OF MEDIA 1
  • Chapter 1 The Origins and Nature of the First Amendment 3
  • References 20
  • Chapter 2 Freedom of the Press: Basic Operational Terms and Conditions 23
  • References 52
  • Chapter 3 Freedom of the Press and Competing Considerations 55
  • References 113
  • Chapter 4 Economic Regulation of the Media Industry 117
  • References 128
  • Part Two STRUCTURAL REGULATION OF THE MEDIA 131
  • Chapter 5 The Newspaper Industry 133
  • References 142
  • Chapter 6 The Broadcasting Industry 143
  • References 178
  • Chapter 7 The Cable Industry 181
  • References 199
  • Chapter 8 The Common Carrier Industry 201
  • References 213
  • Part Three CONTENT REGULATION OF THE MEDIA 215
  • Chapter 9 The Print Media 219
  • References 224
  • Chapter 10 Broadcasting 225
  • References 280
  • Chapter 11 Cable 285
  • References 296
  • Chapter 12 Common Carriers 299
  • References 303
  • Appendix A New Technologies 305
  • References 307
  • Appendix B Communications Act of 1934 309
  • Appendix C Glossary 343
  • Table of Cases 349
  • Index 357
  • About the Author 361
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