Term
Define Trademark
3 ways to loose protection |
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Definition
word, name, or symbol of company.
1) Dilution 2) Abandonment 3) Getting rid of it yourself |
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| unauthorization taking of the benefit of someone's investment of time, effort, and money (privacy) |
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| When is music "sampling" a copyright infringement? |
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Definition
| May be considered theft. Negotiation for each musical phrase borrowed from another composition. |
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| How can someone videotape a TV show w/o paying for it? |
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Definition
Copying a whole work your own pleasure isn't considered fair use
"time-shifting" |
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Definition
| court has applied almost cell clauses of BOR to the states through incorporation |
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| SCOTUS logic in deeming flag burning a protected form of |
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Definition
| it does not reg a whole category of subject matter but rather a point of view within a category |
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| What are student's first amendment rights? High School vs. College |
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Definition
Substantial disruption rule
Expression protected unless it is disruptive obscene or violate the rights of other students |
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| What is quasi-public property? |
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Definition
| land genes a public purpose but not available for use by the general public (army bases, nuclear power plants) less media right of access |
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| What is fair use? what does it allow? under what circumstances? |
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Definition
Reconciles society's interest in encouraging creativity with conflicting interest in ensuring that knowledge of creative achievement is widely disseminated and discussed.
Greater amount copied the weaker fair use defense. |
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| What does plaintiff in an infringement action have to show when alleging a copyrighted film infringes existing film? |
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Definition
copyright owners can prove by showing defendant had reasonable access to copyrighted work and copy is similar
"jaws was copied by great white" |
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| What does it mean for Media to have an "Absolute Priviledge" |
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Definition
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| Pure Opinion vs. Purported Opinion |
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True Opinion cannot be proved false
Purported Opinion can be through facts |
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| What is a libel proof defendant? |
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Definition
| Defense used reputation so bad you can't defame any further. |
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Term
Define Summary Judgement
Who issues it? When? |
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Definition
Judge hears case/throws out
-issued by judge
-usually but not always before trial begins
(important to media b/c avoids expense of trial) |
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Term
| Truth as an absolute defense to libel? |
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Definition
| Truth is an absolute defense to libel BUT may be difficult impossible to ascertain. |
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| large money awards levied to punish a publication for defamation rather than compensate plaintiff for reputation injury |
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| Malice Standard NY Times vs. Sullivan |
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Definition
| SCOTUS landmark case declared unconstitutional common law of strict liability when media defames a public official |
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Term
| What do private citizens need to prove for libel AFTER Sullivan? |
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Definition
Private Citizen- that publisher acted negligently or carelessly
Public Official- have to prove actual malice (publisher knew false into published and disregard the truth) |
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Term
| What did libel plaintiffs have to prove before 1964? |
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Definition
| they must prove they were defamed EVEN if journalists could not prove the truth |
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Term
| Who is liable for damages as a libelous statement is repeated? |
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Definition
Everyone who repeats that libel is potentially liable (except common carriers)
Everyone who repeats can be charged for libel equally guilty |
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| When is group libel allowed? |
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Definition
must be 100 members or less NOT allowed when plaintiff is group 100+
Smaller group MORE chance EACH person can sue |
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Term
| Innocent Construction Role |
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Definition
| language should be considered non-defamatory if it can be read that way |
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| Product disparagement (trade libel) |
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Definition
| defames the quality or usefulness of a product rather then the company that produced it |
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Definition
Libel- written, more serious, larger damage awards
Slander- spoken, show financial loss |
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| Most libel litigation criminal or civil? |
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Definition
| by their very utterance inflict injury or tend to incite an immediate breach of the peace or a direct tendency to cause acts of violence by the person whom, individually the remark is addressed |
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| Is hate speech protected? |
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Definition
| yes, except when specifically protected or for fight words. Defined as "by their way utterance inflict injury or tend to incite an immediate breach of the peace" |
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Definition
expression may be halted or punished if it prevents the slightest tendency to cause a substantial evil.
Virtually no first amendment protection for speech. |
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Term
Kovach and Rosenthal 3 part
test to justify deception in news gathering |
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Definition
| Journalist should reveal to guidance whenever, they mislead into must be vital to public interest to justify deception. Journalists should not engage unless there is no way to get the story. |
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| study of characteristics/ nature of ethics attempts to distinguish ethical values |
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| developing general theories, rules, and principles of moral conduct |
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| problem solving branch of Moral philosophy takes insight of metaethics and principles of normative ethics and applies to specific ethical issues (link between theory and practice) |
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| Why does society need a system of ethics? |
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Definition
| Social stability, moral hierarchy. Promote a dynamic moral ecology, resolve conflict, clarify values. |
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Definition
| expression should be punished only when words "create a clear and present danger" that they will bring about the substantive evils that congress has a right to prevent. |
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| freedom of speech vs. conflicting values such as reputation. Problem of no objective standards. |
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| Fact finding, original jurisdiction, only courts that use juries. |
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Definition
decides questions of law arising from trial court
If errors are found may reverse or overturn |
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Supreme Court of the US
Most cases reach by writ of certiorari (grant of request to hear case) |
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| by the court with no attribution |
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| VA court of appeals (when and why) |
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| the gov vs. an individual, corporation, other entity |
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| legal wrong committed by one person against another (accuser always has burden of proof) |
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| beyond a reasonable doubt |
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| a person (plaintiff) files a legal complaint against another usually over $ |
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Definition
| by a preponderance of the evidence (easier than criminal standard) |
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Term
| Who controls the continuation |
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Definition
| only the state can because it is the state against the case |
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Term
| Communications Act of 1934 |
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Definition
set broadcasters apart from print journalists because people own the airways
said: broadcasters must act in the public interest, convenience, and necessity |
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| The US constitution's supremacy clause |
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Definition
the law cannot supersede federal law
OK couldn't ban the adv of wine tv |
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Term
| When is prior restraint permissible? |
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Definition
| False Advertising, copyright violation, dispatches from military combat sites |
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| Why post-publication punishment over prior restraint? |
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Definition
Do not want prior restraint unless its a very compelling reason.
SCOTUS said prior restraint might be permissible to prevent publication of info about troops at war, obscenity, or incitement to violence or violent overthrow of gov |
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Definition
| willingly issued for obscenity, false advertising, or fraud. |
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| Effect of film rating system established in 1968? |
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Definition
End of licensing
by the MPAA |
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Term
| Does First Amendment guarantee the media or the public a right to obtain info? |
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Definition
| not to the same extent as it guarantees the media the right to publish and broadcast |
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Term
| Can a collective work be copyrighted? How? |
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Definition
yes. if permission is gained from individual copyright holders
contributions to the collective retain their seperate copyrights |
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Term
| FOIA and types of info does it cover? |
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Definition
Requires that federal agencies provide any person access to records, both paper and electronic, that do not fit one of nine exempt categories
Adopted in 1966, extended in 66 to digital info, most recent revision in 2007 |
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| How were FOI requests handled in the Clinton Administration vs. the Bush Administration? |
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Definition
President Clinton and Attorney General Janet Reno: encouraged agencies to release info even if records might fall under a FOIA exemption, with less disclosure created a "foreseeable harm" "sound legal basis"
President Bush and attorney general John Ashcroft said after 9/11 that they would defend agencies that withheld records for any reason |
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| How many states have laws mandating media access to gov records and meetings? |
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Definition
| All states and fed gov have adopted statutes mandating public access to many gov records and meetings |
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Term
| When can a police department exclude media outlets from obtaining a press pass? |
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Definition
Police departments must have compelling reasons to justify refusing to show its record to one newspaper after showing them to another
Press passes to police departments could be withheld from newspapers that did not regularly cover crime |
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Term
| How did the case of the soledad brothers affect principle in #1? |
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Definition
Prison officials said attention showered on the soledad brothers created celebrity and reduced control of prison population
Regulations changed to prohibit interviews with specific individual inmates |
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Term
| 2 test SCOTUS uses to judge if regs are content neutral |
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Definition
O'Brien Test: applies to regulations incidentally affecting speech when that is not the regulations primary purpose.
- Burning draft cards, you can't raise an army quickly
Time, Place, Manner Test: Designed for regulations targeting expressive activity, such as restriction on where picketing may take place. |
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| Can localities license motion picture |
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Definition
SCOTUS said that local govs may license motion pictures because of "peculiar problems" posed by film
Now local gov no longer license film |
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Term
| How can/ can't parades be regulated? |
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Definition
Parades could be denied if judged harmful to the "public welfare" "morals" or "good order" of the community
May require a license if standards are "narrow, objective, and definite" |
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Term
| Has news media ever challenged military security reunion procedures? |
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Definition
| Military commanders may subject news stories to review by military officials (security review) not always done but can be and has never been challenged |
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| Military security review procedures in place in Iraq War? |
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Definition
Military imposes ground rules restricting what the press publishes as condition of access.
Journalist who violates ground rules may be expelled from combat |
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| SCOTUS decision and reasoning in the pentagon papers case |
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Definition
refused to bar publication in NY times of secret study of Bietnam War because no clear showing sever harm will be caused.
Unsigned "per curiam" opinion said gov had not met heavy burden of proof to overcome presumption that prior restraints are unconstitutional |
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Term
| Who owns copyright when an employee authors a work within the scope of his/her employment? |
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Definition
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| Does business have a right to use a radio/tv in the course of business? under what conditions? |
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Definition
large business playing music for entertainment must pay a royalty fee
Compulsory Licenses
- require copyright owner to permit media to use copyright work in return for royalties |
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Term
| Do private citizens not involved in matter of public concern need to prove an alleged libel was false? |
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Definition
| still must prove negligence but not necessarily falsity (may be impossible to prove) |
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