By: Kerri Smith The Federal Communications Commission voted in a contentious three-two split to relax rules limiting ownership of TV stations, radio stations, and newspapers. Among its critics are members of Congress who may pass legislation reinstating the old rules. Others will likely file suit against the FCC in the hopes of overturning the decision. This article will discuss the current debate over media deregulation in light of the recent FCC order. Specifically, this ibrief focuses on concerns over media consolidation in the wake of the ‘Clear Channelization’ of American radio, and addresses the contrasting depictions of the current media landscape by advocates and opponents of deregulation. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0019
Month: August 2003
Hatch–Waxman Reform and Accelerated Market Entry of Generic Drugs: Is Faster Necessarily Better?
By: Sarah E. Eurek Recently there has been a considerable amount of pressure to accelerate consumer access to generic drugs, which are significantly less expensive than their brand-name counterparts. One way to bring generic drugs on to the market sooner is through revision of the existing law relating to pharmaceutical patents. This iBrief describes recent regulatory changes to the Drug Price Competition and Patent Term Restoration Act (the Hatch-Waxman Act), which governs the patenting process for new drug products, as well as current legislative efforts to speed generic access through Hatch-Waxman reform. This iBrief also assesses whether these changes will be beneficial to consumers on a long-term basis. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0018
The FCC and Congress Should Consider Consumer Rights When Making the Transition to DTV
By: Frank Ing-Jye Chao This ibrief discusses the copyright issue surrounding the transition into Digital Television. It proposes that the Federal Communications Commission should balance the copyright interests of all parties involved in the DTV transition. Creators of informative and entertaining works must be rewarded with incentives to create further works. Such incentives necessarily involve copyright protection for these content holders. Just as the rights of content holders should be protected, the public’s right to access information and to freely express ideas needs to remain protected. Copyright laws, specifically the fair use doctrine, must be allowed to stand firm while maintaining flexibility in order to advance with media technology. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0017