Researching the Law of Motion Pictures: a Revised and Comprehensive Bibliography of Law-Related Materials Frank G

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Researching the Law of Motion Pictures: a Revised and Comprehensive Bibliography of Law-Related Materials Frank G Hastings Communications and Entertainment Law Journal Volume 14 | Number 1 Article 6 1-1-1991 Researching the Law of Motion Pictures: A Revised and Comprehensive Bibliography of Law-Related Materials Frank G. Houdek Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Frank G. Houdek, Researching the Law of Motion Pictures: A Revised and Comprehensive Bibliography of Law-Related Materials, 14 Hastings Comm. & Ent. L.J. 137 (1991). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol14/iss1/6 This Special Feature is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Researching the Law of Motion Pictures: A Revised and Comprehensive Bibliography of Law-Related Materials* by FRANK G. HOUDEK** Table of Contents I. B ooks .................................................... 139 A . In G eneral ........................................... 139 B . A ntitrust .............................................. 140 C. Business Aspects of Motion Pictures .................. 140 D. Censorship and Self-Regulation ....................... 143 E. Copyright and Related Issues ......................... 146 F. Foreign Film-Making ................................. 147 G . Taxation ............................................. 148 II. Periodicals ................................................ 149 III. Legal Institute Program Materials ......................... 150 A. Practising Law Institute .............................. 150 B. UCLA Entertainment Symposium ..................... 151 C. University of Southern California Law Center Entertainment Law Institute .......................... 152 This bibliography combines and revises two earlier works previously published in Hastings Communications and Entertainment Law Journal (CoMM/ENT): Houdek & Gunderson, Theatrical Motion Pictures and the Law: A Comprehensive Bibliography of Law- Related Materials,3 COMM/ENT L.J. 117 (1980) and Houdek, Theatrical Motion Pictures and the Law: A Comprehensive Bibliography of Law-Related Materials,Supplement (1980-1984), 6 CoMM/ENT L.J. 951 (1984). The present work incorporates the organization used in the previous bibliographies while adding several new topics in the "Legal Periodical Articles" section to reflect the areas which have developed in this field since 1984 (e.g., Colorization, CharacterRights, Title Rights, and Docudramas). Materials published through July 1991 are included. ** Law Library Director and Professor of Law, Southern Illinois University School of Law. B.A., 1971, J.D. (Order of the Coil), 1974, M.L.S., 1976, University of California at Los Angeles. The author gratefully acknowledges the patience and skill of Pamela Graham for her invaluable assistance in the construction and maintenance of the data base used to compile the bibliography and in the preparation of the manuscript. The author also wishes to thank his research assistant, Jeffrey Dash, for his assistance in this project. HASTINGS COMM/ENT L.J. [Vol. 14:137 HASTINGS COMM/ENT L.J. [Vol. 14:137 IV. U.S. Government Publications ............................. 154 A. Censorship, Ratings, and Regulation .................. 154 B. Economic Conditions and Labor ...................... 156 C . Taxation ............................................. 158 D. "Un-American" Activities and Blacklisting ............ 158 E. Video Recording and Piracy .......................... 160 F. Protecting the Artistic Rights of Filmmakers .......... 162 G . M iscellaneous ........................................ 165 V. Annotated Law Reports Annotations ...................... 166 VI. Legal Periodical Articles .................................. 167 A . A ntitrust ............................................. 167 B. Business Aspects of Motion Pictures .................. 170 1. Financing and Production ......................... 170 2. D istribution ...................................... 173 3. Labor and Employment Issues .................... 175 C. Censorship and Regulation of Motion Picture Content. 177 1. In General ....................................... 177 2. Self-Censorship and Rating Systems ............... 179 3. Violence in Motion Pictures ....................... 179 4. Adult Motion Picture Theaters .................... 179 5. Propaganda and Political Censorship .............. 180 D. Copyright and Related Issues ......................... 181 1. Copyright ........................................ 181 2. Character Rights ................................. 186 3. Title Rights ...................................... 187 E. Protecting the Artistic and Personal Rights of Filmmakers (See also "Colorization", "Right of Publicity", and "Screenwriters") ...................... 188 1. In General ....................................... 188 2. Screen Credit ............................. , ....... 189 3. M anagem ent ...................................... 189 4. Compensation/Personal Tax Issues ................ 189 F. Colorization .......................................... 190 G . Screenwriters ........................................ 193 H. Right of Publicity (See also "Docudramas") ........... 193 I. D ocudram as ......................................... 195 J. Music and Motion Pictures .......................... 196 K . Taxation ............................................. 197 L. Foreign and International Aspects of Filmmaking ..... 200 M. Video Recording and Piracy .......................... 202 N . M iscellaneous ........................................ 203 19911 BIBLIOGRAPHY I Books A. In General Entertainment, Publishing and the Arts Handbook New York, NY: Clark Boardman Co., 1983-. 1 v. Annual compilation of articles (some original, some reprinted) recap- ping the latest developments in the legal field of entertainment, pub- lishing and the arts. Designed to assist practitioners by providing practical articles prepared by experts in the field. Includes sections on topics such as copyright, music, motion pictures, employment, and taxes. Frohlich, Louis D. and Charles Schwartz. The Law of Motion Pictures. New York, NY: Baker, Voorhis, 1918. 943 pp. Based on an exhaustive review of every available state and federal court decision at the time, as well as decisions from England and Can- ada, this treatise reviews the rights of authors, actors, screenwriters, directors, producers, distributors and exhibitors as they relate to the law of motion pictures. Separate chapters cover unfair competition and copyright. Muller, Peter. Show Business Law: Motion Pictures, Television, Video. Westport, CT: Quorum Books, 1991. 262 pp. INCLUDES: 1. The Acquisition of Motion Picture Rights by Op- tion; 2. The Personal Manager Agreement; 3. The Agent Agreement; 4. The Actor Agreement; 5. The Screen Writer Agreement; 6. The Producer Agreement; 7. The Director Agreement; 8. Master Re- cording Use for a Motion Picture and Synchronization Rights; 9. The Motion Picture Distribution Agreement: The Worldwide Pic-Up Deal; 11. Licensing Feature Films for Television Syndication; 12. In- ternational Coproductions; 15. Independent Production Financing. Rudell, Michael I. Behind the Scenes: Practical Entertainment Law. New York, NY: Law & Business, Inc./Harcourt Brace Jovanovich, 1984. 270 pp. INCLUDES: 2. Names, Credits and Titles; 3. Copyright Protection; 4. Representation-Managers, Agents, and Attorneys; 8. New Technologies. Selz, Thomas D. and Melvin Simensky. EntertainmentLaw. Colorado Springs, CO: Shepard's/McGraw-Hill, 1983. 4 v. INCLUDES: 1. Industry Structure; 2. Huge Investments/High Risks; 5. Anticompetitive Practices; 7. Practical Limits on Power of Distributors; 9. The Value and Uses of Billing; 11. Credit Vehicles: Where and How; 12. Multiple Contributor Credits; 18. Right of Pri- vacy; 19. Right of Publicity. Volume 3 contains sample entertain- ment industry forms, including model agreements for literary HASTINGS COMM/ENT L.J. [Vol. 14:137 purchases; screenplay employment; screenplay loanout; producer/di- rector relationship; producer's/director's loanout; performer's agree- ment, actor's agreement; composer's agreement. B. Antitrust Cassady, Ralph, Jr. Monopoly in Motion PictureProduction and Distribu- tion: 1908-1915. Los Angeles, CA: Bureau of Business and Eco- nomic Research, University of California, 1959. 66 pp. Cassady, Ralph, Jr. and Ralph Cassady III. The PrivateAntitrust Suit in American Business Competition: A Motion Picture Industry Case Analysis. Los Angeles, CA: Bureau of Business and Economic Re- search, University of California, 1964. 66 pp. Conant, Michael. Antitrust in the Motion Picture Industry. New York, NY: Arno Press, 1978. 240 pp. CONTENTS: I. The Product and Its Demand; II. A History of Inno- vations and Combinations; III. Industrial Structure at the Time of Prosecution; IV. Pricing and Trade Practices; V. The Paramount Case and Its Legal Background; VI. Impact of the Paramount De- crees; VII. Exhibition Control in Chicago: The Jackson Park Case; VIII. Private Antitrust Actions in the Motion Picture Industry; IX. Critical Comment and Conclusions. Huettig, Mae D. Economic Control of the Motion Picture Industry: A Study in Industrial
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