Shared Flashcard Set

Details

Mass Comm - Ch. 16 Media Law
test
10
Communication
Undergraduate 1
11/05/2013

Additional Communication Flashcards

 


 

Cards

Term
Copyright
Definition
  • Protects the ownership rights of creative works, including books, articles and lyrics
  • With creative work classified as property, creative people have a legal right to derive income from their works by charging for their use
Term
Intellectual Property
Definition
  • creative works
Term
Google Books Library Project
Definition
  • Digitizes 15 million English-language books for online idex access by Google
  • the goal of the project was to create a single online index system with worldwide free access
  • publishers sued and claimed that their intellectual property interests would be jeopardized through free online access to copyright-protected works not yet in the public domain
  • Google and the Association of American Publishers reached a settlement in 2009
Term
Permissions
Definition
  • grant of rights for a second party to use copyright-protected work
Term
Alien and Sedition Acts
Definition
  • 1798 laws with penalties for free expression
  • these laws were for national security at a time of paranoia about a French invasion
  • people were jailed and fined for crtiticizing govt leaders and policies
  • people did not pay much attention to the first amendment until 1919 when the US supreme court decided a case on first amendment grounds
Term
Prior Restraint
Definition
  • prohibiting expression in advance
  • In Near v. Minnesota (1931) the supreme court banned prior restraint which prevented the government in most situations from silencing someone before an utterance
Term
Pentagon Papers
Definition
  • case in which the government attempted prior restraint against the New York times
  • Supreme court overruled the govt 
  • court argued that the people's right to know about govt defense policy was more important than the govt's claim that the NY Time's was jeopardizing national security
Term
John Brinkley and broadcast regulation
Definition
  • John Brinkley: radio quack who challenged government regulation of radio
  • Brinkley had a radio station, KFKB, where he promoted his goat-gland surgery
  • Brinkley's only credentials were two mail-order medical degrees
  • in 1930 KFKB's broadcast license was up for renewal by Federal Radio Commission
  • American Medical Association wanted the license revoked
  • Brinkley argued that the first amendment allowed him to speak freely on his medical views 
  • Brinkley noted that congress had specifically forbidden FRC to censor
  • FRC denied renewal
  • Brinkley challenged the denial in federal court where the appeals court sided with the FRC, declaring that broadcast licenses should be awarded for serving "public interest, convenience and necessity."
Term
NYT v. Sullivan and Libel
Definition
  • New York Times v. Sullivan: libel case that largely barred public figures from the right to sue for libel
  • Libel: a written defamation
Term
Pornogrpahy vs. Obscenity
Definition
  • pornography: sexually explicit depictions that are protected from government bans
  • obscenity is material that can be restricted by the government but only if the answer is yes to the following questions concerning the content

- Would a typical person applying local standards see the material as appealing mainly for its sexually arousing effect?

-is the material devoid of serious literary, artistic, political or scientific value?

-is sexual activity depcited offensively, in a way that violates state law that explicitly defines offensiveness?

Supporting users have an ad free experience!