JOUR 302 Final

In private facts cases, the most viable defense is usually

Truth

The Second Circuit in 2011 said that reporters' privilege should not be treated differently in criminal cases from how it is in civil cases in:

U.S. v. Treacy

Intrusion Upon Seclusion, Solitude and Private Affairs

Use of hidden transmitters, high-powered telescope through crack in blinds/drapes, hidden camera, microphones, heat-imaging devices

What controversial sports trademark was canceled by the Trademark Trial and Appeal Board in 2014?

Washington Redskins

When does a qualified work become copyrighted?

When fixed in a tangible medium

The US Supreme Court has held that it is usually a violation of the Fourth Amendment for law enforcement officers to allow the media to accompany them into a private home when the officers go in, even with a search or arrest warrant. The case:

Wilson v. Layne

National Security Letters

A national security letter (NSL) is a law enforcement investigative tool similar to a subpoena and is most commonly issued by the FBI. NSLs are used to obtain information from companies as part of national security-related investigations. NSLs do not require prior approval from a judge.

In 2003, the US Supreme Court made it more difficult to prove dilution or tarnishment of a trademark in the case of:

Moseley v. V Secret Catalogue

In Capitol Records v. Naxros, the New York Court of Appeals held that:

recordings made in England as early as 1932 are protected by the state's common law copyright until 2067

In Branzburg v. Hayes, the Supreme Court held that:

reporters must testify before federal grand juries, but there may be other times when reporter's privilege exempts them from testifying

Right to Privacy

right to privacy deals with spirituality (feelings, thoughts, sentiments & emotions).

Judith Miller was eventually released from jail because:

she agreed to identify her source

False Light

1) PORTRAYED FALSELY 2) IN A MANNER HIGHLY OFFENSIVE 3) TO A RESASONABLE PERSON (UNLIKE DEFAMATION, DO NOT NEED TO SHOW HATE, RIDICULE OR SCORN) SCOTUS REQUIRES ACTUAL MALICE STANDARD FOR STORIES IN PUBLIC INTEREST...BUT IF PRIVATE PERSON & NOT PUBLIC INTEREST STORY...ONLY NEED TO SHOW NEGILGENCE. (CLARIFICATION/CORRECTION IN SAME LOCATION) TIMES V. HILL

If the traditional common law didn't recognize an evidentiary privilege journalists, under what circumstances did the common law recognize such a privilege?

All of these

Judith Miller of the New York Times was jailed for declining to identify a source because:

All of these

In 2003, the US Supreme Court rejected the contention that an act of Congress extending the duration of copyrights was unconstitutional in the case of:

Eldred v. Ashcroft

In 2007, a federal appellate court rejected a request by librarians and archivists to allow copying of "orphan works" whose copyright owners cannot be located earlier than it would be permitted by Copyright Term Extension Act. The case:

Kahle v Gonzales

In 1967, the US Supreme Court ruled that there is constitutional protection against unlawful surviellance (by wiretapping, bugging, etc.) in any place where a person has a "justifiable expectation of privacy." That was the case of:

Katz v US

The primary federal trademark law is the:

Lanham Act

The Supreme Court held that publishers may not place older freelance works in electronic data bases without getting permission from the author in the case of:

New York Times Co. v Tasini

In what state was the reporter's privilege law held not apply to a blogger (in the case Obsidian Finance Group, LLC v Cox), but the outcome was then reversed by the Ninth Circuit?

Oregon

The Supreme Court said that a copyright holder's failure to register a work does not restrict a federal court's jurisdiction over claims related to unregistered

Reed Elsevier, Inc. v. Muchnick

In which 2014 Supreme Court case did the Court say that police may not, "without warrant, search digital information on a call phone seized from an individual who has been arrested?"

Riley v California

In what case did a circuit court first say that a company can bring a trademark infringment suit on allegations that sponsored links confuse consumers?

Rosetta Stone v. Google

BOLLEA V. GAWKER

SUED GAWKER MEDIA AND SEVERAL EMPLOYEES FOR POSTING PORTIONS OF HIS SEX TAPE WITH FRIEND'S WIFE. THOUGH BOLLEA OPENLY DICUSSED HIS SEXUAL ENDEAVORS AND THE TAPE WITH OTHER MEDIA. INVASION OF PRIVACY, INVASION OF PERSONALITY RIGHTS, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS -Peter Their who owns PayPal paid for the lawsuit because he hated Gawker

In 2007, a new 5-4 majority on the Supreme Court upheld a federal law that banned partial birth abortions in the case of Gonzales v. Carhart. This was the court's first ruling on abortion after the retirement of the justice who provided the decisive fifth vote to overturn laws restricting abortions in several earlier cases. The justice:

Sandra Day O'Connor

What happened in 2013 that boosted journalists' case for a federal shield law?

The Department of Justice subpoenaed phone numbers for some Associated Press officers

The Privacy Protection Act of 1980 was passed in response to which Supreme Court case?

Zurcher v. Stanford Daily

The US Supreme Court's Sony v. Universal City Studios decision held that home video taping is:

a fair use if you engage in "time-shifting," that is, you watch the taped programs later and make no commercial use of the tapes

Stored Communication Acts

a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service

The right of privacy normally includes all of the following concepts except:

a) the right not to be photographed at the scene of a news event

Copyright trolls are companies that

buy rights from others and aggressively pursue infringements

The concept of a right of privacy was first proposed in an 1890 Harvard Law Review article written by two men, one of whom would later become a U.S. Supreme Court justice. The future justice was:

d) Louis Brandeis

In Time, Inc v. Hill, the Supreme Court ruled that:

d) a family that was held hostage by escaped convicts had to prove actual malice to win a false light privacy case against a magazine

Newsworthiness Trumps Privacy Right in California regarding

hidden cameras. CALIFORNIA LAW - MUST INFORM OTHER PARTY OF RECORDING. EXPECTATION OF PRIVACY EVEN IF CONTENT NOT CONFIDENTIAL. FLANAGAN V. FLANAGAN.

A shield law did not protect a documentary filmmaker's outtakes in the case of:

in re Application of Chevron Corp.

In Harper & Row Publishers v. The Nation Enterprises, the Supreme Court held that:

it was not a fair use to publish a 300-word excerpt from a president's memoirs before they were published in book form

Under the Supreme Court ruling in Community for Creative Non-Violence v. Reid, commissioned artisitic works are:

owned by the artist if he/she is an independent contractor

The Ninth Circuit examined the question of _________ in the case of MDY Industries v. Blizzard Entertainment

software ownership

The United States declined to join the Berne Convention for many years partly because:

some influential US publishers profited by having the freedom to reproduce works copyrighted in certain Berne Convention countries without paying royalties

Indirect contempt of court is most likely to result from a situation in which:

someone tries to influence the outcome of a trial by actions away from the courtroom

A citation for direct contempt of court is most likely to result from a situation in which:

someone violates decorum of a courtroom (e.g.. by taking unauthorized pictures)

What is the basic fee that must be paid to the US Copyright Office to register a copyright electronically?

$35

Proving Infringement:

-Alleged infringer had access to the work -There is a substantial similarity between the two works. -Existing copyright is valid and covers legitimate, original work.

MISSAPROPRIATION - ECONOMIC RIGHTS

-CALIF. CIV. CODE SECTION 3344: USE OF ANOTHER'S NAME, VOICE, SIGNATURE, PHOTOGRAPH OR LIKENESS IN ADVERTISING OR SOLICITING WITHOUT PRIOR CONSENT. $750 OR ACTUAL DAMAGES (MUST BE IDENTIFIABLE). NEWSWORTHY EXCEPTION. -TEST: PUBLIC DECEIVED INTO BELIEVING ENDORSEMENT -INTERNET PRIVACY: SOCIAL MEDIA AND USE NAME, LIKENESS FOR MARKETING AND PUBLICITY UNLESS OPT OUT. MANY SITES DEFINED AS PUBLIC BULLETIN BOARDS.

Qualified Federal Reporter's Privilege:

-Constitutional, -Common Law and/or -Judicial Rules, and -State Shield Laws

Defenses to Copyright Infringement

-Fair Use Doctrine (1976): 1) Purpose & character of the use, including whether its for profit or for a non profit educational use; 2) Nature of CR work; 3) Amount & substantiality of the use; 4) The effect the use will have on the value of profit-making potential of original work; For education: (only for teachers), book chapter, an article, short story...but NOT large scale copying; and for journalists, small excerpts for editorial and commentary. -Parody/Satire -Abandonment of Owner -Public Domain/Copyright Expired -Not Copyrightable

Duration of Copyright:

-If with another author, Life + 95 Years -If work for hire, 95 years -If earlier than 1998, add 20 years to all -If Pre-1978 and CR still alive, added 67 years when 28 years term expired; back to creator, licensee pays new royalties. -Then into Public Domain.

Federal Trademark Requirements:

-Mark must be fanciful (Exxon) or suggestive (Coppertone) -Not Descriptive, such as Water for Water, or Apple for selling fruits, but can be Apple for a technology company; -If descriptive, can file after five years in commerce based on Acquired Distinctiveness (FLUID). -Can't claim ownership of common words Renewal every 8-10 years forever.

Public Disclosure of Private Facts

1) Disclosure of a private fact 2) Not newsworthy 3) Done in a manner that is offensive or objectionable to a reasonable person

Times v Tasini

A number of freelance journalists (including Tasini) wrote articles that were published in various publications (including the NY Times). Contracts were written and the journalists were paid for their work. Later, the publishers contracted with database services (like LEXIS/NEXIS) to put all the articles in searchable, online databases. The journalists sued for copyright infringement. The US Supreme Court reversed and found that the publisher did not have the right to put the article in a database.

What is a Trademark?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

The Supreme Court ruled in 2005 that when a company seeks to encourage and facilitate the illegal sharing of copyrighted works, that company may be held liable for copyright infringements by users of its products or services. The case:

A&M Records v. Napster

In Deteresa v. ABC, a federal appellate court held that:

ABC violated Deteresa's rights by broadcasting video of her

A federal regulation setting up a "broadcast flag" system to curb the copying and sharing of television programs was overturned by a federal appeals court decision in 2005. The case:

American Library Grokster v. US Copyright Office

Reporter Bill Farr eventually escaped contempt court citation because:

An appellate court ruled that a person who violates court order as an act of moral principle cannot be jailed indefinitely

Registering someone else's trademark as an Internet domain name in "bad faith" is illegal under the

Anticybersquatting Consumer Protection Act

In a 2001 decision, the US Supreme Court upheld a radio station's right to broadcast a newsworthy tape of an illegally intercepted cellphone conversation. The case:

Bartnicki v. Vopper

The Supreme Court first held that judges may not use their contempt powers to silence journalistic criticism or other First Amendment activities unless there is a clear and present danger to the administration of justice in:

Bridges v. California

In 2009, a California appeals court said in Moreno v Hanford Sentinel, Inc. that the social networking site MySpace is most likely a:

Bulletin Board

The US Supreme Court held that a newspaper committed an invasion of privacy by falsely implying that a reporter had interviewed someone who had not been interviewed and describing how that person felt after a tragedy. The case?

Cantrell v. Forest City Publishing Co.

The Supreme Court said that an employee's text messages on government equipment can be searched without violating privacy in:

City on Ontario v. Quon

In 1991 the Supreme Court held that the First Amendment does not protect the news media from being sued for breaking a promise not to identify a news source. The case?

Cohen v. Cowles Media

In right of the publicity cases, the most viable defense is usually:

Consent

After a copyright eventually expires and the work falls into the public domain, anyone may reproduce or distribute the work under a long-established legal principle that the US Supreme Court reaffirmed in the 2003 case of:

Dastar v. Twentieth Century Fox Film Corp.

Which privacy tort was the first to be recognized, in 1902 in Robertson v. Rochester Folding Box?

Misappropriation

Publishing software that will circumvent copy-prevention codes in music or movies is now illegal under the

Digital Millennium Copyright Act

Pink Slime

Disney quietly paid a huge sum of money to settle a controversial defamation case over ABC News' use of the phrase "pink slime" to describe an additive that the cattle industry prefers to call "lean finely textured beef."

Copyrights Versus Privacy Rights

Duration of Copyright is life of author plus 70 years; Right to Privacy Claims by Heirs may continue under state statute.

The Supreme Court used what grounds to invalidate the federal Defense of Marriage Act in U.S. v. Windsor in 2013?

Equal Protection

Encryption

Federal workers told POLITICO they've adopted encrypted apps because they fear being targeted by Trump's political allies. POLITICO reported Sunday that Spicer recently checked White House staffers' phones and warned them against using apps like Confide, which deletes messages as soon as they're read

Internet privacy issues have become increasingly controversial in recent years. In 2004, a federal appeals court held that a compnay may search employees' email on the company server without violating the Electronic Communications Privacy Act. The case:

Fraser v Nationwide Mutual Insurance

MGM Studios v. Grokster

Grokster and other companies distributed free software that allowed computer users to share electronic files through peer-to-peer networks. In such networks, users can share digital files directly between their computers, without the use of a central server. Users employed the software primarily to download copyrighted files, file-sharing which the software companies knew about and encouraged. The companies profited from advertising revenue, since they streamed ads to the software users. A group of movie studios and other copyright holders sued and alleged that Grokster and the other companies violated the Copyright Act by intentionally distributing software to enable users to infringe copyrighted works. In a unanimous opinion delivered by Justice David Souter, the Court held that companies that distributed software, and promoted that software to infringe copyrights, were liable for the resulting acts of infringement.

The Third Circuit said that a company could not use athletes' likenesses without license agreements in:

Hart v Electonic Arts

Zurcher v. Stanford Daily

In 1971, officers of the Palo Alto, California, Police Department obtained a warrant to search the main office of The Stanford Daily, the student newspaper at the university. It was believed that The Stanford Daily had pictures of a violent clash between a group of protesters and the police; the pictures were needed to identify the assailants. the Court held that the "third party" search of the newsroom did not violate the Fourth Amendment. The Court held that such searches, accompanied by warrants, were legitimate

The concept of unfair competition was first recognized by the US Supreme Court in the case of:

International News Service v Associated Press

RIDE-ALONGS:

Intrusion: (Wilson v Layne) SEARCH WARRANT TO GO INTO HOUSE DOES NOT INCLUDE RIGHT TO BRING JOURNALIST INSIDE PRIVATE PROPERTY WITH or WITHOUT TAKING PHOTOS

What high-profile reporter was forced to testify in the espionage case of former CIA agent Jeffery Sterling?

James Risen

What equity concept was at issue in the 2014 Supreme Court case of Petrella v. Metro-Goldwyn-Mayer, Inc?

Laches

Reversing an earlier decision, the Supreme Court declared in 2003 that there is a constitutional right of privacy that bars states from prosecuting consenting, adult homosexuals for private acts of sodomy. The case?

Lawrence v. Texas

Which state became the first, in 2012, to deny employers the ability to demand social network passwords from employees or applicants?

Maryland

A federal appeals court upheld an artist's right to make satirical use of Barbie dolls in a series of photographs in the case of:

Mattel Inc. v. Walking Mountain Productions

In which of these cases did a celebrity win monetary damages even though there was no use whatever of his/her name or photograph?

Midler v. Ford Motor Company

Sony Corporation of America v. Universal City Studios, Inc

Movie studios (Plaintiff) that owned copyrights in movies and other television programming argued that Sony (Defendant) contributed to copyright infringement of their copyrighted works by marketing videocassette recorders (VCRs or VTRs) that enabled users to record the programs. No. One who supplies the way to accomplish an infringing activity and encourages that activity through advertisement is not liable for copyright infringement.

What state's shield law ultimately protected Jana Winter from having to testify in the James Holmes trial (the man who killed 12 people in a Colorado movie theater)?

New York

In 1992 the US Supreme Court reaffirmed the basic principle of Roe v Wade (i.e., that the right of privacy includes the right to choose an abortion without undue government interference during the early months of pregnancy) in the case of:

Planned Parenthood v. Casey

Appropriation art got a win in the Second Circuit in which case?

Prince v. Cariou

California Records Requests:

Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. -Except with respect to public records exempt from disclosure by express provisions of law, -Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request

What pieces of information about public officials did the Fourth Circuit say a watchdog blogger site was permitted to post in Ostergren v. Cuccinelli in 2011?

Social Security numbers

The Supreme Court said that the petitioners in the Proposition 8 case, Hollingsworth v. Perry, lacked ______________, and in their case could not go forward

Standing to sue

In a 2000 decision, the US Supreme Court overturned a state law that banned partial birth abortions. The case:

Stenberg v. Carhart

Infringement Test:

Substantial similarity between original and infringing work.

Anti-SLAPP Statute

The California anti-SLAPP law was enacted by the state Legislature almost twenty years ago to protect the petition and free speech rights of all Californians. To challenge a lawsuit as a SLAPP suit in California, a defendant must show that he is being sued for "any act . . . in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue." Under the statute, the rights of free speech or petition in connection with a public issue include four categories of activities: statements made before a legislative, executive or judicial proceeding; statements made in connection with an issue under consideration by a governmental body; statements made in a place open to the public or a public forum in connection with an issue of public interest; and any other conduct in furtherance of the exercise of free-speech or petition rights in connection with a public issue or an issue of public interest.

Net Neutrality

The Federal Communications Commission voted in December to get rid of net neutrality which required internet service providers to offer equal access to all web content without charging consumers for higher-quality delivery or giving preferential treatment to certain websites.

The actual malice rule, which prevents public figures from libel cases unless they can prove that a falsehood was published either knowingly or recklessly, was extended to some invasion of privacy lawsuits in the case of:

Time, Inc. v Hill

Rights of Copyright Owner

To obtain statutory damages and Attorney Fees. Must have filed before infringement; if not, only actual damages, and still have to file before filing lawsuit.

International copyrights have been protected at one time or another by:

all of these

The First Circuit in 2011 in Glik v. Cunniffe said that openly recording a police officer in public is....

protected under the First Amendment

In C.B.C. v Major League Baseball, a 2007 decision, the Eighth Circuit ruled that:

factual information such as players' names and stats may be used by others without the league's permission

Freedom of Information Act

generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions -The first exclusion protects the existence of an ongoing criminal law enforcement investigation -The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant's status has not been officially confirmed. -The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified.

Qualified Privilege

stems from similar context as Doctor-Patient, Attorney-Client and Husband & Wife privilege to prevent disclosure of confidential information

Which court system declared that citizens have a "right to be forgotten" in Google search engines?

the European Court of Justice

Whether a retail store or restaurant must pay royalties for the use of broadcast music is now governed by

the Fairness in Music Licensing Act

Under current US law, how long does a copyright remain in effect if a work has an individual author?

the author's life plus 70 years

What happens if you don't bother to register copyright and someone pirates your work five years after it is published?

the copyrights is still valid, but your remedies in an infringement lawsuit will be more limited

Under current US law, a person may copyright all of the following except:

the factual information in a news story

Vanessa Leggett was eventually released from jail without identifying her sources or revealing other confidential information because:

the federal grand jury that had subpoenaed her adjourned without indicting anyone

In Kirtsaeng v. John Wiley & Sons (2013), the Supreme Court overruled the Second Circuit and said that ____________ protects the right to import and sell "gray market" goods.

the first sale doctrine

In Florida Star v. B.J.F., the Supreme Court held that:

the media may not be penalized for publishing information lawfully obtained from a court document that was made public

In A.V. v iParadigms, LLC, the Fourth Circuit said that there was no copyright infringement on iParadigms' use of student work in its Turnitin.com database because the use of the work was

transformative

A&M Records, Inc. v. Napster, Inc

was a landmark intellectual property case in which theUnited States Court of Appeals for the Ninth Circuit affirmed the ruling of the United States District Court for the Northern District of California, holding that defendant, peer-to-peer (P2P) file- sharing service Napster, could be held liable for contributory infringement and vicarious infringement of the plaintiffs' copyrights. This was the first major case to address the application of copyright laws to peer-to-peer file-sharing.

Under the latest federal law, when may a copyrighted work be photocopied legally?

whenever it is a fair use, including single-copy reproduction of some works by libraries

In Golan v. Holder, the Supreme Court said that works in the public domain:

will remain in the public domain forever