Term
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Definition
| congress shall have power, to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. US congress are the people that change copyright laws |
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| trademarks and service marks |
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Definition
| words, logos, symbols, fonts, and colors |
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Definition
| when you take your work and fix it in a tangible form, written down, taken video, singing a song, you have a common law copyright. A work based on something else like taking somebody’s novel n turning it into a tv show can be copyright bc if people have copyright rights, they can control who can make something new based off the original |
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Term
| 3 elements required for copyright protection |
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Definition
| copyright, copr. or C (copyright symbol with black in background) |
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Term
| two requirements for copyright to be automatic |
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Definition
| original work of authorship, in tangible form protection from the moment it is created lasts for your lifetime plus 70 years |
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Term
| What is needed to pursue someone in civil court for copyright |
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Definition
| file civil action saying someone violated your civil rights and used your work without your permission and say you have been damaged by it. |
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| These are not the subject of copyright: |
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Definition
Ideas
intangibles concepts
government publications (not under copyright, can be stolen)
common property
public domain |
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Term
| How long are trademarks and service marks good for |
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Definition
| trademark protection lasts for 10 years then must be renewed, you also have to defend your trademark laws, you have an obligation to sue somebody if they infringed on your copyright in a court of law. confusion on infringement is dealt with in court |
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Term
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Definition
"small" portion of almost anything may be copied. common law concept- codified in 1976 act.
courts consider four criteria:
purpose and character of the use
nature of the copyrighted work
amount and substantiality of the portion used "centrality" is the issue
effect of the use upon the potential market or value of copyrighted work
Facts themselves can not be copyrighted |
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Term
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Definition
| a concept where you use this as a legal defense. Somebody says you used my copyright without my permission, you can say you used fair use and it is not the CORE portion of it, and explain how its made into a newer concept. |
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Definition
| when your in an academic setting face to face or distance it is fair use of using copyrighted work. However if you want to take that project and use it for something else, you lose fair use exemptions because its taken out of educational setting. |
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Term
| Harper and row v. Nation (1985) |
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Definition
| centrality of the portion used. Jerold fords book. They published in the reviews before the book came out using certain important parts of the book causing people to get the main ideas out of the free reviews, with them not being as interested in the other stuff in the book. They filed a court lawsuit, and the court said no this is not copyright |
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Definition
| if i took a picture of something, and somebody took that picture and put it on their website, thats FAIR USE |
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Definition
originally a common law concept
person attempting to pass off work of someone else as his/her own
person attempting to pass of his/her work as the work of someone else
falls in same category as infringement of copyright |
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Term
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Definition
| publication of highly offensive false information about an individual with actual malice (knowing the info is false or being reckless)This would be highly offensive to a reasonable person |
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Definition
| use of another persons name, likeness or image without their permission, for commercial gain (exception for news and incidental use) |
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Term
| evolution of the privacy laws |
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Definition
| Overall concept based on U.S constituation principles, particularly the 4th amendment . Also urbanization of america (people moving within closer proximity of each other |
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Definition
intrustion
appropriation
dissemination of private facts
false light
emotional distress |
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Definition
an action causing injury, injuring ones reputation and right to privacy
.usually mental rights apply to people, not to corporations |
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Definition
| A highly offensive invasion of another persons solitude, either physically or by use of technological devices |
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Definition
| Trespass (Ex. remaining on premises after being asked to leave) |
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Term
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Definition
| powerful lenses, hyper sensitive microphones, infra red detection |
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Term
| FCC rule on airing phone calls |
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Definition
| Must inform person before recording or airing them live |
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Term
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Definition
| the ability to understand the difference between right and wrong |
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Term
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Definition
| dentify the facts of the situation (Define situation/ show the picture) |
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Term
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Definition
| (Identify values/ deterrence vs bad taste) identify our choices and ethical options. weigh the options on what the outcome will be of the situation |
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Term
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Definition
| (Principles/ greater good golden mean) ;Look for general principles that underlie our options. This helped link concrete options to overarching principles, getting us to think about our own basic values. |
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Definition
| (Loyalties/greater good) we clarify our loyalties. Are we more concerned about being true to our own values or about the effectiveness of the campaign? This part of the box asks is the greater good more important than the golden mean. |
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Term
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Definition
| an expense paid trip intended to influence media coverage |
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Definition
| gifts of any value from sources and potential news subjects |
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Definition
| we serve the public interest by acting as responsible advocates for those we represent. We provide a voice in the marketplace of ideas, facts, and viewpoints to aid informed public debate |
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Definition
| Issued by the FCC, they were guidelines that require websites to disclose their privacy polices |
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Definition
| directs us to act according to rules that we would like to see universally applied. Treat others how u want to be treated |
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Definition
| moral ideas and judgements must be made in the context of the situation at hand |
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Definition
| moral virtue is appropriate location between two extremes |
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Definition
| ask us to judge actions by their results |
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Definition
| came up with rules about how the media should morally represent themselves. |
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Term
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Definition
first amendment only protects speakers and listeners/viewers/readers from government- imposed restrictions
rarely have a "prior restraint"
speech protection is not absolute
can have "post speech" punishment |
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Term
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Definition
| conflicting values and tough decisions. ex used in class was guy with wife dieing, her meds cost way to much, so what should he do? let his wife die or rob banks etc.. |
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| Particularistic (one of the moral levels of duty) |
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Definition
| the duties and obligations placed on those in certain professions or other groupings |
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Definition
| all persons should be treated equally regardless of social, political, economic, or other cultural/ethical matters |
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Definition
| situational ethics/ case by case |
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Term
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Definition
| moral agents decide what is right or wrong from their own point of view |
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Term
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Definition
a person hired by a company to help out people who need help in regards to that company
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Term
| why study media law and ethics? |
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Definition
greater value for your employer and career
knowing your professional and personal legal rights and obligations
not screwing up on class projects and independent productions
fighting pinheads successfully |
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Term
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Definition
come from our government. A legislative addition to the statutory law of a state. The law is a "moving target" (change all the time)
constant changes in statutory law and in regulations adopted revised and rescinded by agencies.
Rarely any change in constitutional laws
judicial cases overturned and affirmed |
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Term
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Definition
executive (ex.)govener is in charge of executive branch in Indiana/
Legislative- city counsels….
judicial- courts |
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Term
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Definition
| is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive or common law of the judiciary) or by a legislator (in the case of an absolute monarchy).[ |
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Term
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Definition
| the law that judges create to "fill the gaps". |
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Term
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Definition
| extraordinary writs ( treat them the same, equity is a term for fairness) |
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Term
| Federal legislative branch |
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Definition
us senate and the house of reps. to override a presidents veto, you need a 2/3 vote from congress and house.
they are select subcommittees: house subcommittee on telecommunications and the internet |
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Term
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Definition
| made up of 5 people, democrats or republicans. By obama being in office and being a democrat, that allows there to be 3 democrats in the FCC and 2 republicans. Acting chair of the FCC is Mignon Clyburn(democrat). |
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Term
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Definition
| 1.rule making proceedings- notice to the public, with opportunity to submit comments and reply to comments. 2. Lisences. 3. enforcement. |
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| Federal Judicial Hierarchy |
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Definition
us supreme court
us courts of appeals (11 plus D.C)
US district courts (94 of them) |
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Term
| social compact and moral duties: |
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Definition
| obligations you take on in your daily lives. We behave by our "social contract" which is the rules we abide by everyday in our lives. |
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Term
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Definition
| came up with rules about how the media should morally represent themselves. |
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Term
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Definition
| -congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or the press, or the right of the people… |
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Term
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Definition
| concept of freedom of speech. SAYS no state can deprive a citizen of the rights they have. its the idea of extending corporation rights from the government |
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Term
| Principles:1st amendment: |
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Definition
first amendment only protects speakers and listeners/viewers/readers from government- imposed restrictions
rarely have a "prior restraint"
speech protection is not absolute
can have "post speech" punishment
first amendment to the constitution:
protects speakers from gov limits
statute, rules, and regulations |
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Term
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Definition
ourts like this because it allows public to get information thats not suppose to get out, instead of it being hidden. We deserve to have that ability
conflicts of interest |
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Term
| moral duties #2 (particularlistic) |
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Definition
| the duties and obligations placed on those in certain professions or other groupings |
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Term
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Definition
| achieving moral virtue by finding a middle ground/fnding a balance between two extremes |
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Term
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Definition
| love thy neighbor as one would love thy self, treat others how you would want to be treated |
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Term
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Definition
based on notions of duty, treat others how you would want to b treated
.leads to deotologcal theories |
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Term
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Definition
| all of the immanual kant theory, duty based theory of moral reasoning |
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Term
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Definition
| all persons should be treated equally regardless of social, political, economic, or other cultural/ethical matters |
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Term
| ad hoc decision making theory |
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Definition
| situational ethics/ case by case |
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Term
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Definition
| moral agents decide what is right or wrong from their own point of view |
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Term
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Definition
consequent based
-weigh benefits and harms of particular actions of the moral agent
-minimize harm
-a rational method of ethical decision making |
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Term
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Definition
| a person hired by a company to help out people who need help in regards to that company |
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Term
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Definition
| focuses on the consequences of your ethical judgement, and ends justifying the conduct |
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Term
| publication (area of burden of truth) |
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Definition
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Term
| identification (area of burden of truth) |
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Definition
| not necessarily by name, can be anything that identifies you (nickname, description) |
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Term
| damages to: (area of burden of truth) |
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Definition
| professional rep, lawfulness, honesty |
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Term
| fault (area of burden of truth) |
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Definition
| either knowingly false or failure to exercise (false attack on somebody, or failure to exercise reasonable care |
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Term
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Definition
| a false attack on somebodys reputation |
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Term
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Definition
| knowledge of falsity, reckless disregard for the truth (public person has to prove malice, private person only has to prove negligence) |
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Term
| general moral (1 of the morals of duty) |
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Definition
| social compact and duties as human beings. sometimes you take on additional duties because you have perticular knowledge you can use to help people. |
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Term
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Definition
a doctrine that in essence
requires individuals to honor promises they have made if breaking the promise
would somehow harm the individual |
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