Comm 407

"Sweat of the brow doctrine"

- A legal proposition that even though facts are not copyrightable, a person who invests great energy and hard work in gathering these facts deserves some reward for this hard work. - Accepted by courts only if certain originality of the effort can be established

Duration of Copyright

- Before 1923: copyright has expired - published 1923-63: 95 years if renewed in 28th year - 1978 and after are protected for life of author + 70 yrs - 1978 and after as "work for hire" protected for 95 yrs from publication or 120 yrs from creation (whichever is shorter)

Community for Creative Non-violence v. James Reid (1989)

- CCNV claimed that b/c it contracted Reid to do sculpture "Third World America" and paid him, he was an employee - Reid claimed he owned copyright so had right to profit from reproductions - Court ruled that commissioned artistic works are owned by the artist if she/he is an independent contractor

George Harrison vs. Bright Tunes Music Corp

- Harrison accused of plagiarizing 'My sweet Lord' from a 1962 song "He's So Fine" recorded by the Chiffons - argued he didn't know of the earlier song and had no intention to plagiarize - Court ruled no way he could have avoided the earlier song for so long and inspired at least at subconscious level - had to pay small penalty and then awarded him ownership rights to both songs in several countries

A&M Records v. Napster (2001)

- In 2001, the 9th Circuit Court of Appeals ordered Napster to stop facilitating the free transfer of recorded music - The court ruled that the music service was aiding/abet copyright infringement by its users

O'Dwyer Co. v. Media Marketing (1991)

- O'Dwyer's listing of PR agencies was a copyrightable compilation. - It was ruled to be original by its research and criteria for inclusion of agencies - business directories

Damages

- Protectible elements: elements of a work that can be copyrighted doesn't include facts and common measures - scenes a faire: "scene to be done" scenes that are so customary in genre of work that it is expected that they will be there (saloon scene in a western) - Extrinsic test: test for copyright infringement that depends on specific criteria which can be listed and analyzed - Intrinsic test: test for copyright infringement that depends on reasonable person's subjective evaluation of whether the two works are substantially similar - laches: "slackness" unreasonable delav in bringing a lawsuit, a defense in equity law

New York Times v. Tasini (2001)

- Tasini sold his work to the New York Times - Later the N.Y. Times sold that work to databases companies (e.g., Lexis/ Nexis). Tasini filed lawsuits arguing that the he has the right to the - original work. - The Supreme Court (Justice John Paul Stevens) agreed: Although newspapers have the republication rights, selling content from freelancers to database companies does not constitute republication - $18M settlements brought by freelance writers whose publishers brought their work to database after Tasini

MGM v. Grokster (2005)

- The U.S. Supreme Court ruled that copyright owners can sue technology companies who encourage consumers to share copyrighted files

Fair Use

- The purpose and character of the use - The nature of the copyrighted work - The amount and substantiality of the portion used in relation to the copyrighted work as a whole - The effect of the use on the potential market for or value of the copyrighted work

Copyright 2013 (notice)

- Under International and American Law, the affixing of the notice is not required - it is recommended to prevent "innocent infringement": someone who claims he/she didn't know that the work was copyrighted b/c no notice

Derivative work

- material based on existing work is copyrightable as long as material has sufficient amount of originality - consent must be obtained from owner of orig work

Michael Bolton v. the Isley Brothers

- suit brought against Bolton by the Bros for allegedly lifting parts form their orig song "Love is a Wonderful Thing" - District court found in favor of Bros and were awarded $5.4M

Joint Authorship

- work by two or more authors with intention that their contributions will be merged into inseparable (blended contributions) or interdependent parts (separable elements like lyrics and music) of a whole

Four Main Functions of Trademarks and Service Marks

1. Distinguish one seller's goods from another's 2. Signify all goods bearing the trademark or service mark come from a single source 3. Signify all goods bearing the mark are of an equal quality level 4. Serve as a prime instrument in advertising and selling

A copyright can be divided and subdivided onto small packages, each sold independently. Select one: a. True b. False

A

A federal appeals court overturned a high school principal's sanction of students who distributed an unofficial newspaper without submitting it for prior review, holding that the prior review requirement violated the First Amendment. The case: a) Burch v. Barker; b) Healy v. James; c) Spencer v. Williams; d) Bethel School District v. Fraser;

A

Cities were told by the Supreme Court that they cannot refuse to allow a second cable system to "overbuild" an area if the infrastructure can support two systems. That happened in: a) City of Los Angeles v. Preferred Communications; b) National Cable Television Assn. v. FCC; c) Turner Broadcasting v. FCC; d) Capital Cities Cable v. Crisp; e) U.S. v. Southwestern Cable Co

A

Copyright law protects the creator's particular Select one: a. manner of expression b. ideas c. factual discoveries d. All of the above

A

In Bigelow v. Virginia, the Supreme Court ruled that: a) commercial speech has some First Amendment protection; b) commercial speech has no First Amendment protection; c) non‑commercial corporate speech is protected by the First Amendment; d) non-commercial corporate speech is not protected by the First Amendment;

A

In NEA v. Finley, a 1998 decision, the Supreme Court: a) upheld Congressional restrictions on the content of art works receiving government grants; b) overturned Congressional restrictions on the content of works receiving government money; c) abolished government grants for the arts; d) ordered Congress to provide more money for grants for the arts; e) held that a performance artist's work was legally obscene.

A

In U.S. v. Williams, a 2008 decision, the Supreme Court: a) upheld the PROTECT Act; b) overturned the PROTECT Act; c) reversed its earlier decision upholding the Children's Internet Protection Act; d) ruled that schools must use filtering software on all computers accessible to students; e) ruled that schools may not use filtering software.

A

In copyright law, the term "work of authorship" refers to any creation that is primarily expressive in nature. Select one: a. True b. False

A

In its landmark Red Lion Broadcasting v. FCC decision in 1969, the Supreme Court: a) upheld the Fairness Doctrine and the Personal Attack Rule; b) overturned the Fairness Doctrine and the Personal Attack Rule; c) upheld the FCC's EEO rules; d) overturned the FCC's EEO rules; e) overturned an FCC decision to cancel a broadcaster's license

A

Net neutrality means that: a) all traffic that passes through the Internet should be treated equally; b) laws passed about Internet content must be content-neutral; c) the Internet must be regulated by all countries equally; d) copyright laws will apply online; e) none of the above.

A

Suppose a city adopts a zoning ordinance forbidding "adult" businesses within 500 feet of any private residence or school, thereby relegating them to various industrial and commercial areas in the town. Based on Supreme Court decisions to date, this ordinance would most likely be: a) constitutionally permissible; b) okay only if each adult business was provided a location where it could make a profit; c) okay only if a court first ruled that all of the merchandise was legally obscene; d) a violation of the First Amendment rights of adult businesses; e) a violation of the rights of adult bookstores but not other adult businesses.

A

The 1987 Pope v. Illinois decision of the Supreme Court: a) held that an objective "reasonable man" standard must be used to determine if a work has "serious... value;" b) reinstated the "redeeming social value" test; c) curtailed the use of nuisance law against "adult" businesses; d) curtailed the use of zoning ordinances against "adult" businesses; e) said nudity has no constitutional protection

A

The FCC's minority preferences in broadcast licensing were upheld by the Supreme Court in the 1990 case of: a) Metro Broadcasting v. FCC; b) Adarand Constructors v. Peña; c) Bechtel v. FCC; d) FCC v. League of Women Voters; e) Central Florida Enterprises v. FCC

A

The Supreme Court has often allowed the states to adopt more restrictive anti-pornography laws for minors than for adults. The court rejected a constitutional challenge to such a law in: a) Ginsberg v. New York; b) Jacobellis v. Ohio; c) Jenkins v. Georgia; d) Renton v. Playtime Theatres; e) Miller v. California.

A

The Supreme Court in 2007 rejected a high school student's claim that the school principal violated his First Amendment rights by suspending him for displaying a banner near the campus that read, "Bong Hits 4 Jesus." The case: a) Morse v. Frederick; b) Bethel School District v. Fraser; c) Hazelwood School District v. Kuhlmeier; d) Smith v. Novato Unified School District;

A

The Supreme Court upheld disciplinary action against a student who made an offensive speech at an assembly at a public high school in the case of: a) Bethel School District v. Fraser; b) Tinker v. Community School District; c) Hazelwood School District v. Kuhlmeier; d) Healy v. James;

A

Under current U.S. law, a person may copyright all of the following except: Select one: a. the factual information in a news story b. a computer program c. a song d. a novel e. a television program

A

Copyright may be defined as Select one: a. an automatic right of ownership in any creation that is truly unique b. a property right in literary or other expressive creation c. any slogan, design, or symbol that is used in commerce to identify a product d. a government-issued certification of novel ands artistic work

B

If copyrightable material is a _________, then ownership vests automatically with the employer. Select one: a. joint work b. work made for hire c. compilation d. derivative work

B

In 1957, the Supreme Court defined obscenity by asking, "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." That was in the case of: a) Bloom v. Municipal Court; b) Roth v. U.S.; c) Miller v. California; d) U.S. v. Thirty-Seven Photographs; e) Pinkus v. U.S

B

In 2007, the Supreme Court held that corporations, labor unions and other entities have a First Amendment right to spend unrestricted money on issue ads that mention candidates by name even late in an election campaign. The case: a) Mangini v. R.J. Reynolds Tobacco Co.; b) FEC v. Wisconsin Right to Life; c) First National Bank v. Bellotti; d) Bigelow v. Virginia; e) McConnell v. FEC.

B

In 2009, the Supreme Court upheld the FCC's crackdown on spontaneous expletives uttered during live broadcasts in the case of: a) Pacifica Foundation v. FCC; b) FCC v. Fox Television Stations; c) Sinclair Broadcast Group v. FCC; d) Action for Children's Television v. FCC; e) Valley Broadcasting v. U.S.

B

In Citizens United v. Federal Elections Commission, the Supreme Court in 2010 eliminated regulations on ________ by companies. a) cable television; b) campaign spending; c) public relations speech; d) text messaging services; e) none of the above

B

The Supreme Court first ruled that public school students may exercise First Amendment rights on campus unless they interfere with the rights of others or disrupt school order and discipline in the case of: a) Bethel School District v. Fraser; b) Tinker v. Community School District; c) Hazelwood School District v. Kuhlmeier; d) Healy v. James;

B

The Supreme Court has ruled that a state cannot prohibit a corporation from advertising its views on controversial issues. The case: a) Bates v. Arizona State Bar; b) First National Bank v. Bellotti; c) Chicago Joint Board v. Chicago Tribune; d) Mobil Corp. v. Dow-Jones;

B

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: Select one: a. Community for Creative Non-Violence v. Reid b. New York Times v. Tasini c. International News Service v. Associated Press d. Campbell v. Acuff-Rose Music

B

The Supreme Court in 1969 upheld the right to read or view even legally obscene adult materials in the privacy of one's home because "a state has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch." The case? a) U.S. v. Thirty-Seven Photographs; b) Stanley v. Georgia; c) Regina v. Hicklin; d) Miller v. California; e) Pringle v. Covina.

B

The Supreme Court once held that the FCC can punish broadcasters for airing indecent programming during daytime hours even if the material is not legally obscene. The case: a) Wilkinson v. Jones; b) Pacifica Foundation v. FCC; c) Red Lion Broadcasting v. FCC; d) League of Women Voters v. FCC; e) Capital Cities Cable v. Crisp.

B

The case referred to in the previous question was later overturned by the Supreme Court in the case of: a) Metro Broadcasting v. FCC; b) Adarand Constructors v. Peña; c) Bechtel v. FCC; d) FCC v. League of Women Voters; e) Central Florida Enterprises v. FCC

B

The primary test used by courts today to review government restrictions on commercial speech was set forth in the case of: a) First National Bank v. Bellotti; b) Central Hudson Gas and Electric v. Public Service Commission; c) Bigelow v. Virginia; d) Lehman v. Shaker Heights;

B

Which of the following is not required for copyright registration with the U.S. Copyright Office? Select one: a. A filing fee b. Evidence showing that the work has commercial value c. A nonreturnable deposit of the work being registered d. A properly completed application form

B

During the Federal Trade Commission's first two decades of existence, its main function was to: a) protect consumers from unfair business practices; b) protect consumers from fraudulent advertising; c) protect businesses from unfair practices by other businesses; d) protect local governments from unfair business practices;

C

How much "educational and informational" children's programming must commercial television stations carry under current FCC rules? a) none--only PBS stations must air educational programs for children; b) one hour every day; c) three hours per week; d) five hours every month; e) all stations must carry programs for children, but there is no requirement that they be "educational and informational."

C

In a 1964 decision, a plurality of the Supreme Court said the case cited in the last question required national standards for obscenity. This 1964 case was: a) Hannegin v. Esquire; b) Roth v. U.S.; c) Jacobellis v. Ohio; d) Cohen v. California; e) Jenkins v. Georgia.

C

In the 2010 case of Christian Legal Society v. Martinez, the Supreme Court said that a public law school could deny a religious student organization official campus status because: a) the organization refused to admit black students; b) the organization only focused on male students; c) the organization's bylaws discriminated based on religion/sexual orientation; d) the organization's bylaws were content-based; e) the organization engaged in prior restraint.

C

Suppose Orson Welles' classic "War of the Worlds" radio broadcast were aired today--and the public responded as it did in 1938. What would the program's legal status be? a) it would be completely legal; b) it would violate an act of Congress; c) it would violate an FCC regulation; d) it would violate state laws governing broadcast content; e) it would violate international agreements.

C

The FCC now decides who will receive new licenses by: a) holding comparative hearings; b) holding lotteries; c) conducting auctions; d) flipping a coin; e) awarding the license to the first person or company to file an application.

C

The Supreme Court ruled in Arkansas Educational Television Commission v. Forbes that: a) politicians are entitled to free airtime; b) politicians are not entitled to free airtime; c) even public broadcasters may carry debates featuring only the major candidates; d) public broadcasters must include all candidates in debates; e) Arkansas stations had to cover candidates other than Bill Clinton

C

The Supreme Court ruled that commercial speech had no First Amendment protection in a 1942 case: a) Bigelow v. Virginia; b) First National Bank v. Bellotti; c) Valentine v. Chrestensen; d) Central Hudson Gas and Electric Co. v. Public Service Commission;

C

The basic rationale for heavier government regulation of broadcasting than of the print media is that: a) radio and television are entertainment and have no First Amendment protection; b) the propaganda potential of the electronic media is so great that more protection is needed; c) broadcasters are given the exclusive use of a scarce resource (the radio spectrum) and must use it "in the public interest, convenience and necessity;" d) broadcast advertising is too pervasive and persuasive to be left unregulated; e) the broadcast media are more technically complex and need more government assistance to maintain good technical standards.

C

The cable must-carry rule was upheld by the Supreme Court in: a) City of Los Angeles v. Preferred Communications; b) National Cable Television Assn. v. FCC; c) Turner Broadcasting v. FCC; d) Capital Cities Cable v. Crisp; e) U.S. v. Southwestern Cable Co

C

The primary federal agency that regulates advertising is the: a) Department of Justice; b) Federal Communications Commission; c) Federal Trade Commission; d) Bureau of Consumer Affairs;

C

The primary federal trademark law is the: Select one: a. Copyright Act b. Bagley-Keene Act c. Lanham Act d. Graham-Rudman Act

C

Under the Lanham Act, victims of advertising fraud may: a) sue in state courts only; b) sue in federal courts, but only for actual damages; c) sue in federal courts for treble damages; d) sue in state and federal courts, but only for actual damages; e) bring complaints to the Food and Drug Administration only

C

Under the Supreme Court ruling in Community for Creative Non-Violence v. Reid, commissioned artistic works are: Select one: a. not copyrightable b. always owned by the artist, not the employer c. owned by the artist if she/he is an independent contractor d. owned by the artist only if she/he is NOT an independent contractor e. always owned by the employer, not the artist

C

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009, allowing which federal agency to regulate tobacco advertising? a) Federal Communications Commission; b) Federal Trade Commission; c) Drug Enforcement Agency; d) Food and Drug Administration

D

Copyright ownership and protection begins Select one: a. with proper public notice b. when compulsory licensing is attained c. when government registration is attained d. at the moment a protectable work is created

D

During the 1800s, a high-profile crusade against pornography was led by: a) Grover Cleveland; b) William Lloyd Garrison; c) Horace Greeley; d) Anthony Comstock; e) Elijah Lovejoy.

D

During the late 1980s a crackdown on misleading advertising in the airline and car rental industries was launched by: a) the Federal Trade Commission; b) the Federal Aviation Administration; c) the Federal Consumer Protection Agency; d) the National Association of Attorneys General;

D

In 1973, the Supreme Court again modified the legal definition of obscenity. The court ruled that the states could abandon the "redeeming social value" test and also allow community standards to vary from place to place (within certain limits). The case: a) Cohen v. California; b) Jenkins v. Georgia; c) Ginsberg v. New York; d) Miller v. California; e) Memoirs v. Massachusetts

D

In 2001, the Sixth Circuit overruled the administrative censorship of a student publication at a public university, upholding its First Amendment rights. The case: a) Hosty v. Carter; b) Papish v. Board of Curators; c) Rosenberger v. Rector and Visitors of the University of Virginia; d) Kincaid v. Gibson;

D

In 2005, the Seventh Circuit said the First Amendment does not necessarily bar administrators from censoring a financially subsidized student newspaper at a public university. The case: a) Papish v. Board of Curators; b) Rosenberger v. Rector and Visitors of the University of Virginia; c) Kincaid v. Gibson; d) Hosty v. Carter;

D

In its 1997 Reno v. ACLU decision, the Supreme Court ruled on the constitutionality of the Communications Decency Act. The court held that the Internet has the same First Amendment status as: a) over-the-air television; b) cable television; c) commercial speech (i.e., advertising); d) newspapers and other media that enjoy the highest level of constitutional protection; e) non-commercial corporate communications.

D

The Equal Time provision of the 1934 Communications Act (Section 315) applies to: a) anyone or any issue that is commented upon in an editorial, news program, documentary, or advertisement; b) anyone or any issue commented upon in a news program only; c) anyone or any issue that is commented upon in non-news programs; d) opposing political candidates only e) all of these.

D

The FCC issued long-awaited guidelines on broadcast indecency in 2001. In these new rules, the FCC declared that: a) indecency is no longer prohibited on the airwaves; b) indecency is only prohibited at night; c) indecency is prohibited only on networks, not independent stations; d) indecency is prohibited on the airwaves except late at night; e) only obscenity is prohibited on the airwaves, never indecency

D

The Supreme Court's Sony v. Universal City Studios decision held that home video taping is: Select one: a. always a copyright infringement b. an infringement unless you erase the tapes within 48 hours c. always a fair use d. 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

D

The U.S. Supreme Court upheld restrictions on advertising for an activity that was "deemed harmful" in the case of: a) Bigelow v. Virginia; b) Virginia Citizens Consumer Council v. Virginia State Board of Pharmacy; c) Bates v. Arizona State Bar; d) Posadas de Puerto Rico v. Tourism Company of Puerto Rico;

D

The lowest unit charge rule applies to: a) issue advertising; b) product advertising; c) ads for ballot propositions; d) ads by political candidates during campaign periods; e) all of these.

D

The television industry was directed to develop a rating system for TV programs, and manufacturers were directed to include the so-called "V-chip" in most new TV receivers, by: a) a presidential executive order; b) a rule of the Federal Trade Commission (FTC); c) the Children's Television Act of 1990; d) the 1996 Telecommunications Act; e) none of these--no such requirement exists.

D

Under current U.S. law, how long does a copyright remain in effect if a work has an individual author? Select one: a. 28 years b. 50 years c. the author's life plus 50 years d. the author's life plus 70 years

D

What does the concept of "moral rights" typically include? Select one: a. The artist retain the right to control the use of his or her name in association with a copyrighted work b. The artist has the right to control the use of his or her ideas in all future works c. The artist has the right to control alterations and prevent distortion of the work d. Both a and c

D

What happens if you don't bother to register a copyright and someone pirates your work five years after it is published? Select one: a. the copyright is lost by then b. it makes no difference whether you register--ever c. it makes no difference unless you also fail to include the copyright notice d. the copyright is still valid, but your remedies in an infringement lawsuit will be more limited

D

The FTC now has the authority to: a) issue trade regulation rules; b) enter consent decrees; c) issue advisory guides; d) conduct regulatory sweeps; e) all of these

E

The U.S. Supreme Court ruled that the First Amendment does not ordinarily protect officially sponsored high school newspapers from administrative censorship in the case of: a) Bethel School District v. Fraser; b) Tinker v. Community School District; c) Leeb v. DeLong; d) Papish v. Board of Curators; e) Hazelwood School District v. Kuhlmeier.

E

Patents

Granting exclusive rights to the inventor is intended to encourage the investment of time and resources into the development of new and useful discoveries

Feist Publications, Inc. v. Rural Telephone Service Co., Inc. (1991)

While some new compilations of facts may be protected by copyright, the Court said, there was no novelty or originality in the compilation of these materials (telephone book)

Statutory damages

arbitrary sum of money a court may award when actual damages are hard to prove or nominal

Collective work

compilations made up of individual contributions is copyrightable

Copyright

gives the author, or the owner of the copyright, the sole and exclusive right to reproduce the copyrighted work in any form for any reason - NOT include facts, ideas, common utilitarian goods (furniture, etc.)

Copyright Law

owner of copyright has exclusive right to reproduce, create derivative works based on it, distribute copies, perform the work or display it to the public - Anyone who does these things without owner's permission is guilty of copyright infringement unless it qualifies as fair use

Compulsory licensing

the law permits anyone to make sound recording of copyrighted musical work as long as royalties are paid for the recording sold