By Shan Sivalingam
3 Shidler J. L. Com. & Tech. 1 (2006)
Intellectual Property
8/24/2006
This Article analyzes the implications of the recent decision of the United States Court of Appeals for the Second Circuit in Faulkner v. National Geographic Enterprises Inc. The court interpreted § 201(c) of the federal Copyright Act to permit National Geographic to compile print issues of its magazine into a CD-ROM digital archive without explicit permission from freelance authors who contributed to the print issues. The court’s decision has raised concern among freelance journalists and photographers who contribute works to newspapers and other periodicals that compile copyrighted works. This Article outlines significant features of the Faulkner decision and analyzes it within a larger framework of cases that have dealt with electronic reproductions of collective works. The Article concludes that while the Faulkner decision is in accord with the interpretation of § 201(c) that the United States Supreme Court set forth in New York Times Co. v. Tasini, the decision weakens the control of freelance contributors over their copyrighted works.
By Jamila Asha Johnson
3 Shidler J. L. Com. & Tech. 2 (2006)
Corporate & Commercial
8/24/2006
Hidden cameras may guide a union employer to find employee misconduct, but at what cost? Since the late 1990s, two federal appeals courts and the National Labor Relations Board (NLRB) have required employers to bargain with unions before using hidden video surveillance to observe employees. Until more recently, however, it was less apparent how lawyers should advise clients when an employer wished to use hidden cameras or had already installed non-disclosed video surveillance. In August 2005, the D.C. Circuit Court of Appeals decided a case surrounding surveillance at an Anheuser-Busch facility, which provided further guidance on these issues. This Article analyzes the Anheuser-Bush decision and clarifies the scope of what might happen to an employer who fails to bargain and that subsequently takes actions based on hidden camera technology. It also addresses how an employer can discuss hidden cameras with a union without undermining the benefits of such technology.
By Jared Barrett
3 Shidler J. L. Com. & Tech. 3 (2006)
Intellectual Property
8/24/2006
Podcasting is a new distribution medium that allows a vast array of users to transmit audio or video programs (“podcasts”) to wide audiences. Typically, recipients use handheld devices, such as an iPod, or personal computer to capture and retain a podcast for later playback. Podcasts are diverse in form and content, ranging from talk-radio shows to political speeches to educational programs. One area of content that has been slow to develop, however, is the inclusion of mainstream music in podcasts. Many podcasters have avoided the use of mainstream music altogether because of difficulties in determining how podcasting music fits within the existing copyright framework. This Article attempts to clarify how podcasting music fits within the framework by comparing how the basic principles of music copyright apply to podcasting and by contrasting podcasting to terrestrial broadcasting and webcasting.
By Laura Dunlop
3 Shidler J. L. Com. & Tech. 4 (2006)
Constitutional & Regulatory
8/24/2006
In July of 2004, Michigan and Utah enacted child protection registry laws that prohibit businesses from sending e-mail advertisements for certain types of goods and services to “contact points” (e.g. individual or school e-mail domains) listed on registries maintained by each state. The prohibited goods and services include alcohol, tobacco, pornography, and illegal drugs. This Article summarizes these statutes and provides guidance to businesses concerning statutory compliance. The Article also highlights certain concerns about the scope and ambiguities in the statutory language. Despite ongoing debate surrounding these statutes, companies that choose to market via the Internet must understand their statutory obligations. Other states may enact similar legislation. Organizations that sell, advertise, or handle promotions for products and services on a nationwide basis may face compliance issues in multiple jurisdictions.