PR test 4

Enhancing the profession

-Don't do anything that reflects badly on the PR profession -If an employer wants you to behave unethically, refuse to do so

Social criticisms of PR

Propoganda: -The deliberate and systematic attempt to shape perceptions, manipulate cognitions, and direct behavior to achieve a response. -Some limit propaganda references to activities that sell a belief system or political dogma. Doublespeak: -Many public relations professionals use doublespeak to hide bad news or negative information. -Respected public relations professionals try to communicate in a straightforward and credible way.

Prior Restraint

You object to something that is about to be published because you believe it has libel, you convince the court to block the publication

Russell Christoff sued Nestle for what issue?

misappropriation

Copyright infringement

taking someone else's work without giving them credit or identifying the source. Capitalizing on reputation of another

What are testimonials?

"Using experts" Endorsements to connect someone respected to something or someone else.

False Light (KNOW EXAMPLES)

-A principle of privacy protection but it is much like defamation. -People can sue if a false impression is created about them. EXAMPLES: -Street corner frequented by prostitutes where an innocent man is photographed. -Jose Salano Sued Playgirl because his image appeared on the cover next to a headline that implied that he had posed nude in the magazine. There were no nude photos of him. He said it damaged his reputation, put him in false light.

How does copyright law apply to derivative work?

-Copyright applies to photos and artwork. -One-time, unlimited use, or payment per use -Digital manipulation can also violate copyright. A new work is called derivative but is still based on protected intellectual property.

Conflicts of interest

-Don't work for two companies that are direct competitors with one another -Disclose financial interest in a company's competitor - owning stock for example

Competition

-Engage in fair competition with another PR firms -Don't undermine competitors Respect intellectual property rights

When does an idea become eligible for copyright?

-Full legal protection occurs if you register the work within 3 months with the copyright office in DC -Refers to original works of authorship, fixed in tangible medium of expression -Only expression of idea that has taken a permanent form

Libel per quod

-Libel in which the harm to reputation is not so clear. -You need additional information about the circumstances to determine whether libel had occurred. -Per quod is generally translated here to mean "because of circumstance." EXAMPLES: -Angie Dickenson with producer Arthur Fellows The National Enquirer called him her "new man" -A former employer wrongly says he saw you drinking whiskey in a bar, a statement that could be problematic if the person the employer is talking to knows you were court-ordered last year to stay sober.

Misappropriation (KNOW EXAMPLES)

-Misappropriation involves taking someone's likeness for commercial gain. -This protection extends to the estates of dead celebrities. EXAMPLE: Bette Midler won $400,000 from Young & Rubicam (ad agency) for misappropriation of likeness. Celebrities have the sole right to cash in on their fame.

Libel per se

-Per se means by itself, inherently, or on the face of it. In other words, the offense is obvious. -The libel is obvious. -The damage to a person is so obvious that one need not prove malice, and one can seek compensation for general damage to the reputation as well as for specific losses. -Accusing someone of a crime Accusing someone of immoral acts Accusing someone of being dishonest Saying that someone is incapable of performing his/her profession Accusing some of having a loathsome disease Accusing someone (particularly a woman) of unchastity or (a man) of impotency

The differences and similarities of Libel and Slander

-Traditionally, libel was a printed falsehood -Slander was an oral statement that was false -However, an oral statement on television or radio is regarded as libel not slander -Today we often blend the two into a discussion of defamation

7 Techniques of propaganda

1. Bandwagon —everyone is doing it. 2. Testimonial —using experts. 3. Transfer —associating something with something bigger, loftier, more ideal. 4. Glittering generalities - vague words associated with powerful emotions 5. Plain folks — grew up in a log cabin. 6. Repetition — repeat messages & they get believed 7. Card-stacking —providing only facts that support a point while ignoring other facts.

3 Font groups (GIVE EXAMPLES)

1. California Proposition 188: California Unified Tobacco Control Act 2. Californians for Statewide smoking restriction 3. CSSR was financially supported by Philip Morris and other big tobacco companies

5 elements of defamation

1. False statement - written or oral communication that damages a reputation 2. Identification - person was identifiable 3. Dissemination - communication was distributed to at least one other person 4. Fault - factual errors based on carelessness, maliciousness or negligence 5. Damages - proof of out-of-pocket loss

3 kinds of lobbying

1. Professional: are people whose business is trying to influence legislation, regulation, or other government decisions, actions, or policies on behalf of a group or individual who hires them 2. Grassroots: citizen groups or coalitions that are primarily conceived, created and /or funded by corp., industry trade assoc, political interests or public relations firms 3. Astroturf: people poor but cash rich.

Defense for libel (3)

1. Truth--prove what you said is true 2. Privilege--report on activities of public officials acting in an official capacity 3. Fair comment and criticism--statements of opinion rather than fact. The National Enquirer and other media often win cases by arguing fair comment

Federal Trade Commission (FTC)

1916--original purpose was to prohibit unfair competition between businesses. 1938--consumer protection added. Substantiation required for factual claims.

What does APR stand for?

Accredited in Public Relations -PRSA Accreditation Program -Accreditation is a voluntary certification program for -PR professionals, administered by PRSA -Jan Doe, APR

Safeguarding confidences

Don't disclose confidential client information

Puffery (KNOW EXAMPLES)

EXAMPLES -"Chevrolet is Number 1!" -The Ultimate Driving Machine - BMW -Bet you can't eat just one Lay's potato chip -Coke is The Real Thing -Visa is Everywhere you want to be -"Best food in town" -"Freshest taste ever" -Most of you don't believe that polar bears drink Coke, do you? -Pizza Hut sues Papa John's for its claim of "Better ingredients. Better pizza." (PJ wins because they claimed it as puffery)

Defamation

Exposing a person or organization to hatred, contempt, ridicule

Who says everyone deserves PR representation, but his firm will not represent everyone because it wouldn't be good for business.

Harold Burson

Securities and Exchange Commission (SEC)

Must provide full information regarding anything that would materially affect stock prices. Timely disclosure is required. Insider trading is illegal. The SEC looks at a company's practices as a whole to determine if they are misleading.

Free flow of information

Principle: Protecting the free flow of accurate and truthful information contributing to informed decision making in a democratic society. Intent: To maintain the integrity of relationships with the media, government officials, and the public. Example: •Don't lie •No bribes or gifts

What are the pros and cons of professional licensing in PR?

Pros: -Establishes uniform educational criteria, including continuing education -Sets uniform ethical and professional standards -Provides for decertification of unethical practitioners -Protects consumers from impostors Cons: -Any licensing is an infringement of First Amendment rights -Difficult to define public relations -Voluntary accreditation is sufficient to establish standards -Civil and criminal laws already exist for malpractice

Special event liability insurance

Special Event Liability Insurance is available to organizations who sponsor or participate in fundraising, social, or recreational activities. This insurance may be added to an organization's annual general liability policy, or may need to be purchased separately. EXAMPLES -An old main slips on wet steps -A child is scalded by hot coffee when a refreshment table is overturned -A car accident caused by an attendee who drank too much at an event

TM (non registered trademark) vs SM (service mark) vs R (registered trademark)

TM- means a nonregistered trademark claimed under common law or a mark for which registration is pending. IT IS THE PRODUCT SM- IT IS THE SERVICES EXAMPLE: The Beatles give up "Apple" trademark in legal settlement It is estimated that Apple Inc. paid the Beatles between $50 million and $100 million for the name. (trademark infringement)

Federal Communications Commission (FCC)

broadcasting regulator, prohibits obscenity, fraud, lotteries & can revoke licenses

Malice

knowingly publishing a false statement or publishing it with reckless disregard for the truth

Food and Drug Administration (FDA)

labeling & packaging of food, drugs, cosmetics, & medical products