narrow class of material defined by SCOTUS in the Miller test. Not protected by the first amendment.

***Has NOTHING* to do with VIOLENCE!!!!**

1.  The average person, applying, contemporary community standards, finds that the work, taken as a whole, appeals to prurient interest.

2. The whole depicts in a patently offensive way sexual conduct specifically defined by applicable state law. - must be already against the law

3. The work in question lacks serious literary, artistic, political, or scientific value. (SLAPS test)

1. The dominant theme of the material taken as a whole must appeal to the prurient dirty interest in sex.

2. A court must find that the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters.

3. It must be utterly without redeeming social value. If a work has even the slightest social value, it can not be deemed obscene

strip clubs, adult video stores and adult theatres are subject to 2 types of local laws

1. Zoning regulations

2. expressive conduct regulations

Need a "red light" district or a disperse the SOB's to remote areas away from residential areas and schools.

Word, Symbol, device or a combination of the three that differentiates one company's goods and services from a competitor's.

**ways to lose a trademark

a. Failure to use a name for as little as 3 years

b. if the owner of the mark allows others to use the mark in a generic way

c. The owner of the mark is repsonsible for protecting it

Deals with intangible property

a. Limited Law

1. Right of reproduction of work

2. Right of preparation of derivative works

3. Right of public distribution of the work

4. Right of public performance of the work

5. Right of public dislay of the work

6. Right of public digital performance of a sound recording.

*****Protects Fixed medium of Expression, does not protect ideas but the expression of those ideas. 

1.Identify one seller's goods and distinguish them from goods sold by others.

2. Signify that all goods bearing the trademark or service mark come from a single source.

3. Signify that all goods bearing the mark are of an equal level of quality.

4. They serve as a prime instrument in advertising and selling goods.

1. Person trying to pass his work off as somone elses

2. A person intending to take credit for somone elses work

3. The legal issue in an unfair competition or misappropriationg suit is whether there is a likelihood that an appreciable number of ordinarily prudent purcheasers will be misled, or simply confused as to the source of the goods in question.

Sonny Bono copy right extension Act in 1998 made the life of the creator plus 70 years. For a group its the last living creator plus 70 years

Works for Hire - 95 years after publication(free lance work you take a photo for a magazine the publisher owns the copyright. 

Before Jan 1, 1978 95 years

Way to make them stop copying

Howard Hughes tried to purchase all of the copyrighted material about him to prevent anything being further written aout him

Zapruder family could not keep ownership of the original film of the kennedy assasination. The gov't made them put in in the public domain

Cleanflix bought vhs tapes and spliced them to take out the cursing and violence.

Political- Highest level

Commercial - Medium level

Obscenity - None because it is a crime

Also selling bogus tax advice. 3rd circuit court came up with the BELL TEST*

1. Is it an advertisement

2. Does it refer to a product or service

3. Does the speaker have an economic motivation for the speech

There is NO 1st Amendment protection for FALSE COMMERCIAL SPEECH!

1. Advertising that is false, misleading or deceptive

2. Advertising for unlawful goods and services

$1 per head checkoff fee on cows to pay for "Beef it's whats for Dinner" campaign. LMA sued because it was hard to sell superiority in meats with this generalization add. First amendment right to remain silent was neglected. 

Citizens can challenge the compelled support of private speech, but citizens have no 1st amendment right to challenge they comeplled gov't speech.

Law designed to stop unfair competition in the marketplace, you cannot make false claims about your product or other products

1. What message does the ad convey

2. is this message false or misleading

3. Does this message injure the plaintiff?

Deceptive Business Practices in Florida

John Hearn placed an add in Soldier of Fortune Magainze saying he would be a contact killer, Ex marine nam vet weapons specialist, jungle warfare, high risk assignments US or over seas. Robert Black Jr. Highered Hern to kill his wife Sandra. Both men are in jail.

2 years later magazine ran another add. Gun for hire 37 year old mercenary desires jobs .