COMM 403 (last exam)

What is a fanciful trademark? A A made-up word. B A description of the product, usually including a superlative. C A generic description of the item's product class written in a cursive font.

A A made-up word.

What is the safe harbor? A A time span from late evening to early morning in which children are unlikely to be in the broadcast audience. B The place from which Sirius Radio broadcasts. C The waters two miles from shore where sea captains may curse over their radios.

A A time span from late evening to early morning in which children are unlikely to be in the broadcast audience.

What is bait-and-switch? A An illegal practice in which a product is advertised at a low price, but the seller has no intention of selling that product (customers are then talked into buying a different product, often at a higher price.) B A fishing technique Justice Scalia liked.

A An illegal practice in which a product is advertised at a low price, but the seller has no intention of selling that product (customers are then talked into buying a different product, often at a higher price.)

What does FOIA stand for? A Freedom of Information Act B Freedom or Incarceration Act

A Freedom of Information Act

Who was most recently appointed to the U.S. Supreme Court? A Ketanji Brown Jackson. B Ruth Bader Ginsburg. C Lani Guinier. D Merrick Garland. E Robert Bork.

A Ketanji Brown Jackson.

Under current law, when will Mickey Mouse pass into the public domain? A The copyright on Steamboat Willie, the cartoon mouse's first film, will have expired on Jan. 1, 2024. B Because of the special preferential relationship The Walt Disney Company enjoys with the state of Florida, Mickey Mouse will never enter into the public domain and will never be taxed. C Because The Walt Disney Company has not protected its exclusive right to the copyrighted Mickey and Minnie Mouse characters and has not filed suit to stop myriad derivative works, both Mickey and Minnie Mouse are already in the public domain. For example, anyone who wants to produce and sell Mickey Mouse T-shirts may legally do so. D Never

A The copyright on Steamboat Willie, the cartoon mouse's first film, will have expired on Jan. 1, 2024.

What happens when a reporter who refuses to name an anonymous source when ordered to do so in court is found to be in contempt? A The judge can order the reporter to be fined or jailed. B Because we now have a federal shield, reporters may keep secret the identities of anonymous sources in all U.S. courts.

A The judge can order the reporter to be fined or jailed.

According to the copyright clause in the U.S. Constitution, for what reason are copyrights granted? A To promote science and the useful arts. B To create a reliable income for people who create intellectual property. C To create inheritable wealth for the heirs of those who labor in intellectual pursuits.

A To promote science and the useful arts.

Can a publication be successfully sued for damages stemming from the unmasking of an anonymous source? A Yes. B No.

A Yes.

If a guest on a podcast makes claims that their product cures cancer, do the host and producer have any liability if that claim turns out to be false? A Yes. B No.

A Yes.

Is an invitation to buy a product commercial speech? A Yes. B No.

A Yes.

Under the Booth rule, when an advertisement for a magazine includes a picture of the magazine that shows someone's photo from a news story inside, A the publisher must get consent to use the person's likeness in the ad. B the publisher need not get consent to use the person's likeness in the ad.

A the publisher must get consent to use the person's likeness in the ad.

What level of scrutiny do laws regulating commercial speech receive? A Strict scrutiny, the same as content-based laws on political speech. B Intermediate scrutiny, they must further an important government interest and the means chosen must be substantially related to meeting that interest. C Rational basis review.

B Intermediate scrutiny, they must further an important government interest and the means chosen must be substantially related to meeting that interest.

Can facts be copyrighted in the United States? A Yes B No

B No

Can someone successfully sue for appropriation if they are named in a news story? A Yes. B No.

B No.

If a police officer makes an order that is plainly unconstitutional, must a reporter comply? A Yes. B No.

B No.

Is an advertisement for an escort service that promises "anything goes" legal? A Yes. B No.

B No.

May candidates use any song at their political rallies, regardless of copyright? A Yes. B No.

B No.

Is it OK to run an ad for hamburgers made from the meat of an endangered species so long as the advertiser herself did not shoot the animal? A Yes. B No. Ads for illegal products receive no First Amendment protection. Hamburgers made of an endangered species are an illegal product.

B No. Ads for illegal products receive no First Amendment protection. Hamburgers made of an endangered species are an illegal product.

In the Soldier of Fortune case, why did the magazine have to pay damages to the family of someone who was murdered? A The killer was inspired by stories in the magazine. B The murder was performed by a professional hitman who advertised in the magazine and the advertisement was for an unlawful service.

B The murder was performed by a professional hitman who advertised in the magazine and the advertisement was for an unlawful service.

Can a reporter get the transcript of a Penn State student from the registrar's office without permission from the student? A Yes. B No, but once certified, all students' final grades are posted on the bursar's office website (if all tuition and fees are paid), so a reporter can get them there. C No. Under the Family Educational Rights and Privacy Act of 1974, most education records, including grades, are considered private.

C No. Under the Family Educational Rights and Privacy Act of 1974, most education records, including grades, are considered private.

The name case in Branzburg v. Hayes dealt with A a priest who had knowledge of a murder conspiracy from a confession who refused to tell authorities the name of the would-be killer. B a Pennsylvania reporter who posed as a medical transcriptionist to get access to the private patient information of a celebrity in violation of HIPAA. C a Kentucky reporter who promised anonymity to someone in the illegal drug trade and claimed protection to do so under the First Amendment. D a KKK leader who made incitements to violence that were found to be punishable by the U.S. Supreme Court.

C a Kentucky reporter who promised anonymity to someone in the illegal drug trade and claimed protection to do so under the First Amendment.

Those wishing to make a FOIA request A can only do so with the help of an attorney. B can only do so if their member of Congress agrees to sponsor the request. C can find boilerplate forms online to fill out and send to the appropriate record holder.

C can find boilerplate forms online to fill out and send to the appropriate record holder.

FOIA applies to A municipal government B state government. C federal government.

C federal government.

When may a reporter legally cross a police line (yellow tape)? A Any time they are working on a bona fide news story. B Any time they put on shoe covers (booties) and gloves to keep from damaging evidence. C Any time the owner of the property tells them it is OK. D Never.

D Never.

What should a reporter do if she believes a hearing that should be open to the public has wrongly been closed? A Sit outside the courtroom and hope to catch participants on their way out. You can't tell a judge they're wrong. B Call the state bar association and ask that a mistrial be declared. C Refuse to leave and go limp if the judge orders the bailiff to carry you out. D Politely ask to address the judge. When given that permission, politely remind the judge that court actions involving adults are presumed to be open to the press in the United States. Politely ask the judge to reconsider closing the proceeding and if they do not, politely ask that the hearing be postponed until your lawyer can formally protest the closure on your behalf.

D Politely ask to address the judge. When given that permission, politely remind the judge that court actions involving adults are presumed to be open to the press in the United States. Politely ask the judge to reconsider closing the proceeding and if they do not, politely ask that the hearing be postponed until your lawyer can formally protest the closure on your behalf.

What is the Sweat of the Brow docrtrine? A A theory that copyright should protect collections of data that required hard work to compile. B A theory of what should be protected by copyright that has been rejected by the Supreme Court. C The theory advanced by the losing side in Feist Publications, Inc. v. Rural Telephone Service Co., Inc. D all the other answers

D all the other answers

What types of uses of a copyrighted work without the copyright holder's permission do the courts consider Fair Uses? A criticism and comment B teaching C scholarship and research D all the other answers

D all the other answers

What happened in Nike v. Kasky? A The U.S. Supreme Court ruled that Nike's false claims that it did not use sweatshop labor was political speech protected by the First Amendment. B Nike conceded that it used sweatshop labor and lied about it. C The U.S. Supreme Court heard oral arguments but did not issue a ruling. D Nike and Kasky settled for an undisclosed amount of money. E B, C and D

E B, C and D

Where does the right to privacy in the United States come from? A Common law. B The U.S. Constitution. C Statutory law. D Administrative law. E all the other answers

E all the other answers

what SC justice recently died?

O'Conner

What is transformative use? a) Use of a copyrighted work in which it is changed into something else, for instance a commentary on the original. b) An argument supporting copyright violation that has always been rejected by the courts. c) none of the other answers

a) Use of a copyrighted work in which it is changed into something else, for instance a commentary on the original.

What is an ag-gag law? a A law meant to keep diners from choking on chicken bones. b A law against secretly recording agricultural operations.

b A law against secretly recording agricultural operations.

The United States Supreme Court defines commercial speech as a. advertisements that include the price of a product. b. speech that proposes a commercial transaction. c. advertisements that include the name of a company or manufacturer. d. There is more than one definition of commercial speech.

b. speech that proposes a commercial transaction.

In 2001 the Supreme Court ruled that the broadcast of an illegally intercepted telephone conversation a. was an invasion of privacy. b. was permissible so long as the broadcasters did not intercept the conversation and the subject matter had public significance. c. was only permissible if the parties to the conversation were notified prior to the broadcast. d. was always protected by the First Amendment.

b. was permissible so long as the broadcasters did not intercept the conversation and the subject matter had public significance.

Government agencies like the Federal Communications Commission create rules that make up the bulk of what we know as a. common law. b. statutory law. c. administrative law. d. corporate law.

c. administrative law.

Under the remedy for false or misleading advertisements called substantiation, advertisers who make specific claims a. may be asked to prove the claims are true. b. may be held to a scientific standard for their claims. c. all of the other answers

c. all of the other answers

The FTC considers it deceptive if an advertiser a. makes a false statement. b. omits important information in an ad. c. implies a false claim by juxtaposing two statements. d. all the other answers

d. all the other answers

true or false: A reporter investigating child predators may legally possess child pornography.

false

true or false: All reporters are now covered by state shield laws.

false

true or false: Because intellectual property that was traditionally seen as women's work is protected in exactly the same way as work in other domains, recipes can be copyrighted.

false

true or false: Bloggers, student journalists, freelancers and sports reporters are protected by all of the shield laws.

false

true or false: Television and radio airwaves are owned by the stations that produce broadcast signals.

false

true or false: The copyright protection for works for hire lasts the same length of time as those granted for works created by individuals who are not employees.

false

true or false: The rules on advertising targeted at children are exactly the same as advertising targeted at adults.

false