New Issue of JIMEL Features an Especially Diverse Set of Articles
Volume 5, Issue 1 of the Journal of International Media and Entertainment Law (JIMEL), published in conjunction with the American Bar Association’s Forums on Communications Law and the Entertainment and Sports Industries, is now available. According to , the Journal’s Supervising Editor, the media and entertainment articles selected for this issue are especially diverse. “The topics, all timely and relevant, will appeal to a broad section of our readers.” Professor Epstein also noted that two of the articles were authored by scholars with Southwestern connections.
article, “The Distribution of Pay Television in the Unites States: Let an Unshackled Marketplace Decide,” is particularly germane in light of the recent standoff between CBS and Time Warner Cable. He links increase in cable pricing, and a corresponding reduction in cable subscribers, to “forced bundling” – a practice by which programmers require distributors to carry less popular channels in order to carry the more popular “must have” channels. Drawing from Canada’s cable pricing model, the article proposes a hybrid formula by which consumers can choose between various more specialized (“narrower”) bundles and a la carte choices of channels. Professor Grimes, a fixture on the Southwestern faculty for more than 20 years, is a leading expert on anti-trust law.
An article by Grace Clements ’13, “A Fistful of Dynamite: How Independent Film’s Cowboy Culture Creates Unstable Sales Agency Agreements,” posits that sales agency agreements for films may be revocable regardless of the contractual inclusion of an “irrevocable” provision. A recent graduate of Southwestern, where she served on law review and as a Biederman Scholar, Ms. Clements is making a name for herself as an entertainment law scholar-practitioner here in Los Angeles.
An agency is revocable at will even when it contractually claims to be irrevocable unless it is a “power coupled with an interest.” In this article, Ms. Clements investigates the meaning of “power coupled with an interest” through case law from the analogous hotel industry, where management companies were shocked to find their agency revoked by hotel owners. With an eye toward current entertainment industry practice, she argues that even the possibility that a sales agency is revocable may be enough to derail international film agreements. Continue reading…