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9 UCLA Ent. L. Rev. [i] (2001-2002)

handle is hein.journals/uclaetrlr9 and id is 1 raw text is: UCLA ENTERTAINMENT LAW REVIEW Volume 9 Issue 1 Fall 2001 ARTICLES Broadcasting Industry Ethics, the First Amendment and Televised Violence John Alan Cohan ............................................ 1 Today, there is an unprecedented level of gratuitous violence on network television. The broadcasting industry as trustee of the airwaves is required to broadcast in the public interest, with the fiduciary obligation to remedy concerns about gratuitous televised violence. This paper shows a causal link between televised violence and antisocial behavior in children and adults, based on extensive social science data, and argues that televised violence is a public health issue analogous to smoking and cancer. This paper will also discuss how gratuitous violence on television may be regulated in a manner similar to obscenity under Eclipse Enterprises, Inc. v. Gulotta, and how a new tort has recently emerged: negligent incitement of harmful or outrageous conduct, or aiding and abetting another to commit harmful acts. This paper will finally offer solutions to the problem, including nonviolent programming, teaching audiences critical viewing, parental responsibility, channeling or zoning, outright banning of violent programming, balanced programming, parental advisories, teaching broadcasting ethics in graduate school, consumer boycotts, and taxing broadcasters for violent programming by charging a spectrum fee for use of the airwaves. The Statutory Overriding of Controlled Composition Clauses Mario F. Gonzalez, Esq ..................................... 29 It has been well-publicized that the Digital Performance Right In Sound Recordings Act of 1995 accorded copyright owners of sound recordings a limited exclusive right of public performance in their sound recordings by means of a digital audio transmission. However, less attention has been given to the fact that the DPRA also amended Section 115 of the Copyright Act to provide that digital phonorecord deliveries are subject to compulsory licensing under that section. A careful reading of the DPRA suggests that that, insofar as digital phonorecord deliveries are concerned, Congress may have intended for the statutory rates to override the controlled rates in record companies'

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