intro to pr test 4 kaufman
what is a testimonial?
using experts. "four out of five doctors recommend" (you trust the product or the statement because you trust the person giving the testimonial)
derivative work in copyright matters
when an image or other copyrighted work is changed from the original. it derived from something else. (mona lisa painting, obama derivative titles "hope", music. a movie based on a play)
what does "mea culpa" mean"?
"my fault", accepting responsiblity quickly and honestly. highly effective form of damage control.
what is the fairness doctrine?
a federal regulation that required broadcasters to provide balanced coverage of public interest issues.
what is false light?
a privacy claim defined as placing someone in a false light in the public eye. creates a false impression and can be positive or negative.
what is cease and desist order?
a warning to stop. "stop within 30 days or else"
what is trademark?
a word,name,symbol,logo, or slogan used to identify a businesses products. "r" stands for registered trademark. "SM" stand for service marks.
what is puffery?
advertising claims that no one takes seriously. exaggerations to enliven a message.
sarbanes-oxley as it pertains to PR counseling
after the collapse of enron and world com, congress acted to help restore confidence in the securities markets. * requires corporate executives to certify personally the accuracy of financial reports. corporate executives were exceptionally interested in the corporate documents coming out of the investor relations department, since the executives now have personal liability if the documents are in error.
The first amendment
freedom of religion, freedom of speech, freedom of press, right to peaceably assemble, right to petition the government. speech and press are most important to PR practicioners.
times v. sullivan
sullivan sues NY times for calling him a racist. ny times didn't specifically name him but the police department was identified. public officials may not recover damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice. supreme court rules in the publics favor.
who supported the front group in a tobacco case, which was discussed in class?
phillip morris, in california
what are copyright infringements?
taking someone else's work without giving them the credit for it, or identifying the source. capitalizing on reputation of another
what must be proven in a libel case?
that the statements in question are false
what is fair use?
the most common defense in copyright cases. involves four criteria, the purpose and character of use, the nature of the copyrighted work, the amount of copyrighted work that is used, and the potential impact on the profit-making ability of the original work
privilege in libel suits
the second defense in a libel claim. refers to immunity from legal action. said to be "absolute" in some cases. attorney- client privileges, clergy-privilege, and the president/advisors communication example,
truth defense in libel suits
the strongest and most effective defense against a libel claim, if the statement about the person is true then the libel case is dissolved. a libel claim must involve a false statement about the intended victim. the statement in question must be proven false.
fair comment in libel suits
the third major defense to a libel claim. in order for the public to make informed decisions about important issues, they rely on an independent press to hold government accountable and ask tough questions.
true of false registering a trademark with the patent and trademark office secures the highest level of protection?
true
what is copyright?
-"intellectual property rights" -meant to protect creative works so that the creator may benefit from hard work.
what is misappropriation?
-using someones name,image, likened, or voice for commercial purposes without the persons permission.
whom did apple computer settle its trademark infringement case, as discussed in class?
apple corps- parent of apple records. $50 million - $100 million
burnett vs. the national enquirer
carol burnette won a $1.6 million verdict in a 1981 libel suit against the National Enquirer when it accused her of public drunkenesss, but it was later reduced to $200 thousand on appeal.
was there a copyright infringement with the korean war veterans memorial stamp? why or why not?
congress ruled that there was NOT a copyright infringement. something about how the stamp was for everybody.
what does Libel per se mean?
defamatory statement ( the words themselves harm a person's reputation)
what is defamation?
exposing a person of organization to hatred,contempt, or ridicule. 5 elements - false statement(damages a reputation) identification, dissemination (communication was distributed), fault (factual errors based on carelessness, malicious, or negligence), and damages (proof of out of pocket losses)
what is malice?
knowingly publishing a false statement, or publishing it with reckless disregard for the truth.
what does Libel per quod mean?
means "where by" in latin. definition is not obvious, and additional facts are needed to clarify the circumstances why defamation may have occurred. defamation not explicitly stated.
what is a Euphemism?
obscure meaning, and makes facts seem less unpleasant.