Term
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Definition
| Material is obscene if the following standards are met: 1.An average person finds that it appeals to prurient interests 2. the work shows offensive sexual conduct defined by state law 3. work lacks serious literary, artistic, political or scientific value |
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Term
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Definition
| Court assesses the damages they have suffered. Or, can assess statutory damages, aka damage amounts prescribed by the statue. A judge can also restrain a defendant, impound or destroy material. |
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Term
| Copyright and the Internet |
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Definition
| International group WIPO made new copyright rules in mid 90s. 1. protection to the owners of digitized work 2. provide for fair-use defense in cyberspace. US agreed and added the Digital Millennium Copyright ACT (DMCA) in 1998. DMCA also limits Online Service Providers (OSP). |
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Term
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Definition
| There are four limitations to a copyright monopoly, fair use is the fourth. Under this, copying is permitted for criticism and comment, teaching, and scholarship and research |
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Term
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Definition
| Protect inventions, designs, or processes. Logos such as Mac, McDonalds, Nike.. |
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Term
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Definition
| Words, symbols, devices, that differentiate a company's goods or services from those of another company. Such as popsicles, Jell-O, Velcro, or the shape of a coca-cola bottle |
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Term
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Definition
| The exclusive right by law for a specified period to an author, composer, artist, distributor, etc, to the publication, production, or sale of the rights to a literary, dramatic, musical, or artistic work. |
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Term
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Definition
| 1. Literary works 2. Musical works 3. Dramatic works 4. Pantomimes and choreographic works 5. Pictorial, graphic, and sculptural work 6. Motion pictures 7. Sound recordings |
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Term
| What can not be copyrighted? |
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Definition
| 1. Trivial material 2. Ideas 3. Facts 4. Utilitarian goods, such as a lamp (light) 5. Methods, systems, and math principles, formulas, or equations |
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Term
| Advertising and the First Amendment |
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Definition
| Courts have developed a commercial speech doctrine that articulates just how much it protects it. It does not protect false ads or ads for unlawful goods or services. Conditions for regulating if legal otherwise: 1. substantial state interest to justify the regulation 2. There is evidence that the regulation directly advances this interest 3. There is a reasonable fit between the state interest and the government regulation |
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Term
| Advertising: regulatory agencies and their functions |
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Definition
| The Federal Trade Commission (FTC) ensure that Americans are not victimized by unfair, misleading or deceptive advertising. FTC tools to stop false advertising: 1. Child Online Privacy Protection Act 2. Voluntary compliance 3. Consent agreement 4. Litigated orders 5. Substantiation 6. Corrective advertising 7. Injunctions 8. Trade regulation rules |
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Term
| Endorsements/Testimonials |
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Definition
| An advertising message that consumers are likely to believe reflects the opinions, beliefs, findings or experience of a party other than the sponsoring advertiser. If it's a celebrity, assume they are paid. If it's a private person, it has to say they were paid. Person must be using the product or have recently |
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Term
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Definition
| Bait & switch advertising example, advertise a product, but then when the customer comes, switch the offer. It's illegal. |
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Term
| Telecom. (broadcast) regulations |
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Definition
| The Federal Communications Commission (FCC) regulates the broadcast industry. Made up of 5 members appointed by the president. |
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Term
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Definition
| Issues licenses and censorship powers. |
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Term
| A prospective licensee must meet these qualifications from the FCC to get a broadcast license: |
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Definition
| 1. US citizen. Companies with less than 25% foreign ownership also qualify (why? security reasons) 2. must have sufficient funds to operate for 3 months without advertising revenue 3. must possess or hire ppl that have technical qualifications to operate 4. must be honest and open in dealing with the commission and must have good character. |
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Term
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Definition
| No regulation, you can have as much cable as you can produce. No need to get approval from the FCC, can just go to city hall. |
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Term
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Definition
| Broadcasters cannot completely block candidates for federal office from buying airtime on the station to promote their candidacies because of the existence of the candidate access rule |
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Term
| What constitutes prejudicial pre-trial publicity? |
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Definition
| 1.confessions 2. stories about their personality 3. stories published before the trial 4. stories about polygraph 5. stories about criminal record 6. stories that question the credibility of a witness 7. stories that inflame the public mood |
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Term
| List the judicial tools, or remedies, that the court uses to reduce the impact of the publicity |
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Definition
| 1. voir dire (interview jurors to discover bias) 2.change of venue 3. change of veniremen 4. continuance 5. admonition 6. sequestration of the jury |
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Term
| Nebraska Press Association v. Stuart |
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Definition
| Judge Hugh Stuart issued a restrictive order barring the publication or broadcast of information that he said would prejudicial to Simants (a suspected killer). The S.C. ruled it was unconstitutional. Judges cannot issue blanket injunction. A test was created to determine when it is okay to restrict the press. |
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Term
| Richmond Newspaper v. Virginia |
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Definition
| S.C. ruled there was right for public and the press to attend a criminal trial. If there are no alternatives, the judge make sure to narrowly tailor the closure so there is an absolute minimum of interference with the rights of the press. |
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Term
| Press/Post Enterprise Test |
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Definition
| A test that a judge must apply before he or she can constitutionally close off access to the judicial process. -must prove that interest will be harmed if remains open -alternatives must be considered -closure must be narrowly tailored |
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Term
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Definition
| The British definition of obscenity: a work is obscene if it has a tendency to deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall. S.C. abandoned it cuz under this rule it meant American adults were permitted to read/watch only what was fitting for children |
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Term
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Definition
| Found that a narrow category of sexually explicit speech called "obscenity" is not protected by the 1st Amend. freedoms of speech & press. The Roth Memoirs test was created to determine what was obscene with a 3 part test. Far narrower than the Hinklin rule. |
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Term
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Definition
| Miller was convicted for sending 5 brochures advertising erotic books/films to a restaurant. He was prosecuted. |
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Term
| American Booksellers Association v. Hudnut |
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Definition
| in 1985, Statute was adopted banning pornography, but the S.C. found unconstitutional cuz too vague |
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Term
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Definition
| A man sent his son to a news stand, an obscene magazine was widely open, Farber won. If the material has someone under the age of 18, does not have to meet all the criteria of the Miller Test. |
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Term
| Feist Publication v. Rural Telephone Services Co. |
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Definition
| Feist asked Rural for permission to copy names from their directory. Rural said no, but Feist did it anyway and Rural sued for copyright infringement. Feist said it was facts, Rural argued that it was a collection of facts and argued "sweat of the brow" since they did all the work. But S.C. said that's bogus and that there was no novelty or originality in the manner in which they organized the facts. |
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Term
| Pottstown Daily News v International News Service |
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Definition
| A radio person was reading news stories carried by the local paper to its listeners, aka "rip and read." This raises copyright issues/misappropriation. It is intended to stop a persona trying to pass off his/her work as their own/someone else's |
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Term
| How long does copyright protection last? |
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Definition
| Works created after Jan. 1, 1978: the life of the creator plus 70 years. Before January 1, 1978: 95 years |
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Term
| Harper & Row Publishers v. Nation Enterprises |
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Definition
| The Nation magazine published memoirs by President Gerald Ford, only about 300 of the 2,250 were copyrighted. Ford's publisher sued for copyright infringement, The Nation claimed it was fair use, but the S.C. disagreed. An unpublished memoir or book cannot be quoted, just summarized. |
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Term
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Definition
| A man wanted to write a biography of author Salinger, author of Cather in the Rye, using unpublished letters by Salinger. To avoid a lawsuit, he paraphrased everything, but this was still a copyright infringement. The paraphrasing still included Salinger's choice of words and style. He abandoned writing the book. |
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Term
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Definition
| Alexander wrote a novel Jubilee. She brought an infringement suit against Haley, author of Roots. She claimed he copied portions of her book. But the court determined that most of what was copied was history. Therefore there was no infringement. |
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Term
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Definition
| S.C. ruled that commerical advertising enjoys a degree of 1st Amend. protection, however, it is subject to reasonable regulation. The commercial speech doctrine was created and evolved over the next 5 years. |
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Term
| Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council |
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Definition
| in 1976 the S. C. ruled that a Virginia statute that forbade the advertising of the price of prescription drugs violated the 1st Amend. |
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Term
| Central Hudson v. Public Service Commission |
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Definition
| in 1980, the S.C. held unconstitutional a New York regulation that completely banned promotional ads by electric utility companies |
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Term
| CBS v Democrat National Committee |
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Definition
| A group wanted to protest the Vietnam war on a station, the stations refused. They sued. The S.C. ruled that stations have an absolute right to refuse to sell time for advertising. |
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Term
| WIRTA v Alameida Contra Transit Service |
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Definition
| City transit, women wanted to advertise their opposition to the Vietnam war. It was controversial, so the transit but rejected it. S.C. ruled it's legal and it's public so they can't discriminate, put it up! Because it's public |
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Term
| First National Bank of Boston v Belloti |
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Definition
| a private organization seeking to influence the outcome of a referendum on a public issue can spend its money as it sees fit in aid of that cause. Such spending is a form of corporate speech protected by the First Amendment. |
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Term
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Definition
| Internet deserves 1st Amendment protection as newspaper & television does. |
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Term
| Element 7: What is a public forum? give examples |
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Definition
| A place where ideas and views on issues can be exchanged and it's open to everyone. For example: city council meeting or talk radio, blogs, chat rooms |
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Term
| Elements 7: Negatives of Forums? |
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Definition
| 1. False rumors can be started like when js on Harball started false rumor about women and Clinton. 2. the speed of our technology causes spin and less verifying of facts. |
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Term
| Elements 7: How has new technology changed forums? |
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Definition
| people are not as responsible on the Internet. things are not as private. not as credible. Wikipedia has fact errors. |
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Term
| Elements 7: Argument Culture (old): |
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Definition
| Coined in 1990s. Emphasis on polarized debate, diminishes level of reporting, shouting matches, doesn't focus on hard issues like poverty, ppl are expected to take one extreme or the other but in reality there is a spectrum! |
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Term
| Elements 7: Argument Culture (New): |
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Definition
| as of 2006, less about arguments, ore about one sided views like Bill O'Reilly. It comforts ppl and helps makes sense of things. No one truth! |
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Term
| Element 8: What is infotainment? |
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Definition
| News emphasizing sex & emotion. Presents story secret; news revealed as truth, sex, scandal. |
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Term
| Element 8: Weakness of Infotainment? |
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Definition
| Decreases expectations, destroys authority. single audience, no real meaning, |
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Term
| Element 8: How to prevent Infotainment: |
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Definition
| 1. cover the citizen and not interest groups, insiders 2. pull away from routines 3. what info do ppl really need to know? 4. What's the best way to tell the story? 5. focus on WWWWH |
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Term
| Element 8: Approaches to engage audiences: |
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Definition
| 1. hour glass structure 2. showing, not telling 3. Q&A 4. investigative piece 5. visual story 6. treat the story as unique |
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Term
| Element 9: Targeting demographics & hype |
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Definition
| js should include all communities, not just the most attractive area. target the elite, but then the paper becomes more disconnected. Shock value will only gain temporary attention, your diversity & skills will maintain interest. js need to gain composure after shock, like JFK assassination |
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Term
| The Communication Decency Act (CDA) |
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Definition
| The act made it a crime to transmit indecent material or allow indecent material to be transmitted over public computers networks to which minors have access. S.C. ruled this was unconstitutional. |
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Term
| The Child Online Protection Act |
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Definition
| Tried to protect minors again, but not narrowly tailored enough! |
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Term
| Time Inc v. Bernard Geis Associates |
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Definition
| S.C. ruled that it was in the public interest to permit the author of a (jfk assassination) book to use copyrighted frames. Time owned the copyright. |
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Term
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Definition
| There is no right to advertise in the private media. They are free to accept or reject certain advertisements |
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