About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

12 UCLA Ent. L. Rev. [i] (2004-2005)

handle is hein.journals/uclaetrlr12 and id is 1 raw text is: UCLA ENTERTAINMENT LAW REVIEW Volume 12 Issue 1 Fall 2004 ARTICLES Writers Gone Wild: The Muse Made Me Do It as a Defense to A Claim of Sexual Harassment D aniel E. Eaton ............................................. 1 In this article San Diego attorney Daniel Eaton argues that the California Supreme Court should consider recognizing a creative privilege defense to claims of sexual harassment when it reviews the case of a former writers' assistant on the hit sitcom Friends. The author contends that such a privilege would be rooted in well-recognized statutory privileges, such as the privilege that applies to statements related to litigation and other official proceedings. The author concludes the article by identifying, without answering, a series of hard questions courts developing such a privilege would eventually have to address, such as whether a creative privilege should be limited to the arts and entertainment fields or should instead be applied to the creative aspects of virtually any workplace setting. Are Musical Compositions Subject to Compulsory Licensing for Ringtones? M ario F. Gonzalez, Esq ..................................... 11 With the advent of mastertones-ring tones derived from popular sound recordings-ringtone companies find themselves squeezed between royalties being charged by record companies that own the sound recordings and music publishers that own the underlying musical compositions. This article examines whether the ringtone companies may use Section 115 of the Copyright Act to obtain a compulsory license for the reproduction and distribution of ringtones containing musical compositions. The royalty under a compulsory mechanical license is much less than the royalty music publishers are currently charging ringtone companies. Multiplied by millions in potential ringtone sales, the difference in the royalty rates to all interested parties would be enormous. The ringtone companies should, therefore, assume that the music publishers will vigorously take the position that Section 115 does not apply to ring tones.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most