COMS 455 Part 2

Copyright Act of 1976

Individuals may use a copyright work "For purposes such as criticism, comment, news reporting, teaching, scholarship or research"

Which of the following is NOT an element in a libel suit?

Insult

Stephen Fraser

By allowing the removal of certain speech from the marketplace of ideas..... Copyright law appears to fly in the face of the goals of the first amendment

Robert Welch launched attack against Gertz

Gertz filed suit against Welch for defamation -Jury initially found favor of Gertz and awarded him damages

In which of the following cases did the Supreme Court implicitly reject the notion that knowledge of falsity in the form of parody or satire constitutes "actual malice."

ITS NOT Times v. Sullivan OR Gertz v. Welch

A reporter named Ron Galella stalked Jackie Onassis everywhere she went in order to take pictures of her. He stalked her through the streets of New York City to the point of harassment. Jackie Onassis successfully sued Galella based on which of the following privacy torts?

Intrusion upon seclusion

Gallena v. Onassis

Jackie Kendnedy Onassis harassed by Ron Galella (A member of the paparzzi)

Personal property

Not fixed to real estate

Bigelow v. Virginia

The Court permitted newspaper advertisement for abortion clinics.

Which of the following is not one of the four factors used when making a fair use determination?

The date that the work was originally published

Federal law treats copyright violation as a crime similar to theft.

This statement is true. Violators of copyright law are subject to criminal charges (including prison time of up to five to ten years and fines up to $250,000) depending on the nature of the violation

is a private civil harm that is not based on a contract. Defamation is an example

Tort

For the plaintiff to prevail in a false-light case, the portrayal must (1) be widely distributed, and (2) portray the plaintiff in a way that would be highly offensive to a "reasonable person," and (3) be made with actual malice.

True

To prove intrusion on seclusion, the aggrieved party must prove that the defendant intruded on the plaintiff and (1) the intrusion happened in a place where there was an expectation of privacy (such as in a home), and (2) the intrusion would be highly offensive to a reasonable person.

True

What does it mean to hold a copyright

You can't copy my work unless I give you permission

Brandenburg v. Ohio

extended freedom of speech to new limits. Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action

Negligence

failure to take proper care in doing something

Fair use

is a defense against copyright infringement charge. Originally included in the Copyright act of 1976

Slander

spoken defamation Less people Transitory

Libel

written defamation More permanent More people

is a statement that is so offensive that it is considered "defamatory on its face."

ITS NOT defamation

Damages

Proof that occurred (and those damages go beyond embarrassment ) - Loss of income - Denial of employment - Suffering from documented depression or anxiety

It was not until the mid-1970s that the Supreme Court granted commercial speech significant First Amendment protections.

True

Once you're dead, you lose your right to protect your reputation with a defamation lawsuit.

True

Public figures are usually considered newsworthy and receive less privacy protection than private individuals because they have voluntarily subjected themselves to public scrutiny.

True

Speech meant to harass or threaten is not protected by the First Amendment.

True

There has been a decline in defamation suits aimed against traditional journalists in the last few decades.

True

In this case (about a man who was trying to sell tickets to a submarine museum) the Supreme Court ruled that commercial speech "is wholly outside the protection of the First Amendment."

Valentine v. Chrestensen

New York Times v. Sullivan

- 1960 Civil rights activists place Ad in NY times - Ad contained minor errors of fact - L.B. Sullivan, police committed in Montgomery Alabama insulted - Sullivan sued the NY times for inaccurate advertisement - At trial.. Sullivan awarded 500,000 in damages - "Times-Sullivan Rule aka "Actual malice Rule" - Aftermath public officials must prove actual malice. -- Those have governmental authority over matter of general public interest

In which of the following cases did the Ku Klux Klan leader get convicted of violating Ohio's criminal syndicalism statue when he was televised saying, "We're not a revengent [sic] organization, but if our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race, it's possible that there might have to be some revengeance [sic] taken."

Brandenburg v. Ohio

Central Hudson Gas & Electric Corp. v. Public Service Commission

Can the government prohibit a utility company from putting political ads in its monthly bills?

In this case, The Supreme Court ruled that commercial speech receives some First Amendment protection, but not total First Amendment protection. They advocated a "least-restrictive-means standard" for regulating commercial speech which involves a 4-part test: (1) message content. (2) government interest. (3) Advancement of the government interest. (4) Reasonable fit between ends and means. What is the case?

Central Hudson Gas and Electric v. Public Service Commission

Which of the following involves the use of electronic communication to torment an individual through repeated contacts. It doesn't necessarily involve threats of bodily harm, but the communicator seeks to abuse or annoy someone through constant pestering (that is frequently anonymous).

Cyber harassment

Which of the following involves the use of electronic harassment that is targeted at minors by minors?

Cyberbullying laws

Which of the following is a verbal or written threat performed through the use of an electronic communication. It is generally characterized by a pattern of behaviors that includes credible threats of death or injury, or malicious behavior, including encouraging third parties to harm or harass the victim.

Cyberstalking

New York Times v. Sullivan

Decided in 1964, this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.

Joe makes copies of his collection of copyrighted music and then sells it to his friends. What's this called?

Direct Liability

According to the Copyright Act of 1976, ______ recognizes the right of individuals to use a copyrighted work "for purposes such as "criticism, comment, news reporting teaching ... scholarship or research."

Fair use

A good rule of thumb is to always give credit to the author of a work whenever making a copy. By giving credit in this way you are protected from being charged with copyright infringement.

False

As of the 1980s, the courts broadened the definition of deceptive advertising. Thus, the current definition of deceptive advertising is "any commercial message that has a tendency to mislead the most gullible consumers to the consumers' detriment."

False

Because Kenneth Zeran notified America Online that defamatory statements had been made about him, and because AOL refused to remove those statements, a federal court (in Zeran v. America Online) held that Zeran could sue AOL for defamation

False

Because a "Human Cannonball" is inherently newsworthy, the Supreme Court (Zacchini v. Scripps-Howard Broadcasting) held that a local television station could broadcast the Great Zacchini's act in the evening news without the permission of the performer.

False

Because an "average person" might view Watts's speech as threatening, the Supreme Court upheld Watts's conviction for making an explicit threat to shoot President Johnson.

False

Because it does not threaten elected officials or influence public policy, commercial speech has historically received more protection than political speech.

False

Because there was no evidence that the American Coalition of Life Activists actually planned to harm abortion providers, the appellate court (in Planned Parenthood v. American Coalition of Life Activists) held that the web site did not constitute a true threat.

False

Birth and death certificates, marriage licenses, divorce records, military records, property tax records, and wills are all private records. Any one who publishes this sort of information would be liable be charged with invasion of privacy.

False

Direct copyright infringement refers to a situation in which "the defendant, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another."

False

In 44 Liquormart v. Rhode Island Liquor Stores Association, the Supreme Court upheld a Rhode Island law regulating liquor ads on the grounds that the state had a legitimat interest in discouraging underage drinking.

False

In Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico, the Supreme Court held that because gambling was legal in Puerto Rico, the state could not restrict gambling ads that aired in Puerto Rico.

False

In Sanders v. ABC, the Supreme Court of California held that a plaintiff has no reasonable expectation of privacy while in the workplace.

False

In Valentine v. Chrestensen, the Supreme Court held that speech promoting goods and services is more deserving of constitutional protection than speech promoting political ideas.

False

In the "Hit Man" case (Rice v. Paladin Enterprises) the appellate court held that a publisher could not be held responsible for the criminal acts of a reader.

False

In the mid-1970s the Supreme Court held that, because they serve as officers of the court, lawyers have no right to advertise the availability of their services.

False

The Supreme Court first granted commercial speech significant First Amendment protections in the 1940s.

False

The United States Supreme Court has recognized the "right to be forgotten" and required search engines such as Google to honor requests to delete personal information from search results.

False

The four common law privacy torts are disclosure of a private matter, appropriation of a person's name or likeness, intrusion on seclusion, and Intentional infliction of emotional distress.

False

The plaintiff has to have been named in the alleged defamatory statement in order for the suit to be actionable.

False

There was a significant increase in criminal libel prosecutions over the course of the twentieth century.

False

Trespassing is an example of the tort of appropriation.

False

Under U.S. privacy laws, both "natural persons" and "legal persons" can sue for damages caused by an unexpected intrusion into their private affairs or loss of control over their personal information. This means, individuals as well as corporations and nonprofit organizations can sue for invasion of privacy.

False

A newspaper uses a stock photo to illustrate an article about genital herpes. A girl pictured in the photo sues on the grounds that readers might erroneously infer that she was the object of the story. The girl could sue for which of the following privacy torts?

False Light

Prosser's Privacy Torts

False light communication -Similar to defamation expect its based on information that's actually true

The Supreme Court's landmark decision in New York Times v. Sullivan had the most dramatic impact on which of the following elements of a defamation lawsuit?

Fault

Court of last resort (State Supreme Court)

Final Arbiters on state laws

Gertz V. Welch

Gertz was an attorney hired by a family to sue a police officer who had killed the family's son. In a magazine called American Opinion, the John Birch Society accused Gertz of being a "Leninist" and a "Communist-fronter" because he chose to represent clients who were suing a law enforcement officer. Gertz won a jury verdict and an award of $50,000 but lost his libel suit because the trial judge found that the magazine had not violated the actual malice test for libel which the Supreme Court had established in New York Times v. Sullivan (1964). The Court of Appeals for the Seventh Circuit affirmed the trial judge's ruling.

This New Jersey radio personality and blogger was convicted of threatening the lives of three federal judges. He spent two years in prison for saying, "These Judges deserve to be killed." He posted pictures of the judges, their work addresses, and a picture of the federal building where they worked with notations indicating "Anti-truck bomb barriers."

Hal Turner

In Bigelow v. Virginia, the Supreme Court held that

ITS NOT All commercial advertising qualifies for First Amendment protection OR The degree of constitutional protection an ad receives is not dependent on its truthfulness

In which of the following cases did the Supreme Court conclude that only speech "directed toward inciting or producing imminent lawless action and likely to incite or produce such action" could be denied First Amendment protection.

ITS NOT Elonis v. United States ITS NOT Brown v. Entertainment Merchants Association ItS NOT James v. Meow Media, Inc.

Which of the following statements best summarizes the Supreme Court's decision in Posadas de Puerto Rico Association v. Tourism Company of Puerto Rico?

ITS NOT Posadas held that any restrictions on advertisements promoting casino gambling were an unconstitutional infringement on the First Amendment rights of broadcasters. OR Posadas declared that state and local governments are not allowed to use "innovative" strategies to suppress commercial speech.

According to the Stratton Oakmont decision, why was the internet service provider called Prodigy held liable for its users' defamatory posts?

ITS NOT Prodigy marketed itself as a "service" provider rather than as a "content" provider. OR Prodigy charged for its services rather than relying on advertising revenue. OR Prodigy identified itself as a family friendly Internet provider. OR Prodigy identified itself as an "open forum" for unrestricted discussion and debate.

The idea of "putting out the spark" is best used to illustrate which of the following tests for dangerous speech?

ITS NOT The Clear and Imminent Danger Test ITS NOT The Brandenburg Test ITS NOT The Imminent Lawless Action Test

If applied rigorously, which of the following standards offers the greatest First Amendment protection to speech that might incite violence?

ITS NOT The Clear and Present Danger Test OR The "Nip it in the Bud" Test OR The Prior Restraint Test

Which of the following would be eligible for copyright protection?

ITS NOT Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring, listings of ingredients or contents

In this case, the Supreme Court ruled that the government can regulate dishonest or fraudulent advertising without violating the First Amendment.

ITS NOT Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council

In 44 Liquormart v. Rhode Island Liquor Stores Association, the Supreme Court considered the constitutionality of a law that

ITS NOT banned liquor ads from newspapers and other print media.

In order for a statement to be defamatory, it must

ITS NOT be highly offensive to a reasonable third party OR be a rhetorical hyperbole or a highly exaggerated statement

Before an allegation can be considered defamatory, the judge or jury must be convinced that

ITS NOT that the statement met the criteria of libel per se. (In other words, it was libelous on its face.)

The most useful defense against an invasion of privacy lawsuit has traditionally been

ITS NOT to claim that the story is true OR to claim that the story is based on an opinion

Which of the following statements accurately describes major legal precedents in defamation law?

If a newspaper failed to independently check the facts of a story before publishing an article that is critical of a government official, that would be considered negligence. Even so, by itself, this failure to confirm the facts would not meet the standard of actual malice.

All but one of the following statements is true and accurate. Identify the one statement that is false and inaccurate.

In Illinois, it is legal to record a conversation without informing all parties, as long as one party involved in the conversation has consented to the recording.

Which of the following is NOT among the kinds of statements that will almost always be considered libelous on its face?

Insults phrased in exaggerated or wildly improbable terms

In Snyder v. Phelps, the Supreme Court made it more difficult to recover damages for which of the following torts?

Intentional infliction of emotional distress

Using electronic surveillance through the use of a wiretap or through illegal access to text messages or emails would be an example of which of the following privacy torts?

Intrusion upon seclusion

Which of the following embodies the legal test for contributory copyright infringement?

Its Not The plaintiff must show (1) a right and ability to supervise the infringing activity and (2) a direct financial interest in such activities. OR The plaintiff must show (1) copyright ownership of the allegedly infringing material and (2) unauthorized copying of the work that is the original. OR The plaintiff must show (1) originality and (2) financial gain.

Tom and Joe work for the same company. Tom spreads false rumors about Joe to the effect that "Joe is a child molester." What term best describes Tom's statement?

Its not Libel per quod

Why are copyrights protected in the Constitution?

Its not to prevent false advertising claims and discourage unfair competition OR To guarantee that inventors receive public recognition for their discoveries

Which Supreme Court Justice led efforts to extend First Amendment protections to commercial speech?

Justice Harry Blackmun

Real Property

Lands and buildings Can't take it with you

The ad at issue in Bigelow v. Virginia promoted which of the following?

Legal abortions

is defamation that occurs in print or in a form that receives wide broadcast to large audiences. Because it is recorded and has a more persistent circulation in space and time, it is considered to be more damaging to a person's reputation.

Libel

Libel per se

Libel on it's face (to call an accountant an embezzler) -Criminality -Contagious or Offensive disease -Incompetence in business or processionals -Sexual immorality

Tom and Joe work for the same company. Tom is speaking to the boss one day. Tom makes an inaccurate claim to the effect that "Joe is a very loyal member of the Sunrise Church." It is common knowledge in the community that members of the Sunrise Church have been involved in racist hate crimes. Thus, the implication of Tom's words is that Joe is a racist who is involved in hate crimes. What term best describes Tom's statement?

Libel per quod

In this standard of fault, an individual harms another because of a failure to behave in a way that a reasonably competent person would have behaved. For example, any professional journalist knows that they need to verify information through multiple sources and contact any person being criticized to get their side of the story before going to press. But in this standard of fault, the journalist commits a dereliction of that professional duty.

Negligence

is the lowest level of fault. The defendant had no deliberate intent to cause harm, but harm did occur and was the result of a failure of the defendant to exhibit "reasonable care" or "due diligence."

Negligence

In which case did the Supreme Court create a rule "that prohibits a public official from recovering damages for a defamatory falsehood related to his official conduct unless he proves that the statement was made with actual malice--that is, with knowledge that it was false or with reckless disregard of whether it was false or not"?

New York Times v. Sullivan

In which case did the Supreme Court create a rule that provided "breathing room" for debate--particularly where the actions of public officials were concerned. To that end, the Court required that public officials who sue for libel must prove that the offensive statement is false and that the defendant made the statement with actual malice.

New york times v. Sullivan

Falsity

No matter how much harm a statement does to a plaintiff's rep. The statement is only defamatory if its false

After the premier for his movie, this movie director said, "The most pacifist people in the world said they came out of the movie and wanted to kill somebody." In the case of Byers v. Edmondson, his quote was entered into the record as evidence of the fact that the harm caused by his movie was foreseeable.

Oliver Stone

The Supreme Court decision in Feist Publications v. Rural Telephone Company best illustrates which of the following copyright concepts?

Originality

Appellate Courts

Panel of judges review the trial court to make sure proper rule were followed

Hustler Magazine v. Falwell

Parody is not an actionable offense

Truth:

Plagiarism and Copyright are different things

All but one of the following statements is true and accurate. Identify the one statement that is false and inaccurate.

Police officers have an unconditional right to order citizens to stop taking photographs from public places and to demand that you delete your photographs or video.

Earliest regulation of Deceptive Advertising

Printer's Ink Statues

When should the government regulate dangerous speech?

Prior Restraint---> Bad tendency --> Clear and present danger ---> Incitement ----> Absolute freedom

Gertz v. Welch

Private person engaged in public controversy need not prove actual malice to recover for defamation.

refers to all works that are no longer covered under copyright (or that never were protected under copyright.) For example, all works published in the United States in 1925 or earlier.

Public Domain

In advertising, this term refers to an exaggerated statement or claim that no reasonable person would take literally. An example would be an assertion in an advertisement that "Pizza Pro's Bar & Grill serves the world's greatest Pizza."

Puffery

intangible property

Rights of publicity - name, voice and image Copyright

Galella v. Onassis

Ron Galella was ordered to pay Jackie Onassis $10,000 and stay 25 feet away

Hustler Magazine v. Falwell

Ruled that libel was not protected with the protection of free speech.

Valentine v. Chrestensen

SC determined that purely commercial speech was no protected by the First amendment

A lawsuit that is filed with the intent not to actually win the case in a court of law but to silence a critic by intimidating them and making them spend all their time and money defending themselves against the accusation of defamation is called`

Strategic Lawsuit Against Public Participation or SLAPP

Congress included Section 230 in the Communication Decency Act as a direct response to which of the following cases?

Stratton Oakmont v. Prodigy

Which of the following regulatory agencies has the most significant impact on government regulation of commercial speech?

The Federal Trade Commission

To arrest a speaker for inciting violence, one must establish which of the following?

The speaker says something with the intent to cause imminent violence and that violence is likely to occur.

Publication

The statement has to be made public to a third party - In speech - In writing - Or by using some other medium of expression

In Central Hudson Gas & Electric Corporation v. Public Service Commission of New York, the Supreme Court struck down state regulation of an advertisement of a utility company intended to promote energy consumption.

True

In FCC v. Pacifica, the Supreme Court defined obscenity as explicit depictions of actual sexual conduct, masturbation, violent sexual abuse, and child pornography.

True

In Google v. Spain, the European Court of Justice ruled that European citizens have a right to request that commercial search firms that gather personal information remove links to private information, provided the information is no longer relevant.

True

In Miller v. California, the Supreme Court defined obscenity using community standards and rejecting the idea of a uniform national definition.

True

In New York Times v. Sullivan, The Supreme Court defined "actual malice" as knowing falsity or a reckless disregard for the truth.

True

In Time v. Hill, the Supreme Court held that a play about a real-life crime violated the victim's expectation of privacy.

True

In Valentine v. Chrestensen, the Supreme Court held that speech promoting goods and services is less deserving of constitutional protection than speech promoting political ideas.

True

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, the Supreme Court struck down a law prohibiting the advertising of prices for prescription drugs.

True

In the early 20th century, false advertising was regulated by Printer's Ink statutes, but dishonesty in advertising continued because the statutes were inconsistently enforced from state to state.

True

Recovering damages for the tort of publicity to private life requires proof that (1) the private facts exposed were not of legitimate public concern, and (2) publicizing them would be highly offensive to a reasonable person.

True

Recovering damages for unlawful appropriation requires proof that (1) the person's name, portrait, or picture was used without consent, (2) for commercial purposes.

True

Section 230 of the Communication Decency Act of 1996 makes Internet Service Providers immune from liability for their users' defamatory comments.

True

The "standing-in principle" holds that reporters may in general observe, record, and photograph that which occurs openly and in public spaces (so long as the photographs don't cause humiliation or harassment).

True

The Feist Publications v. Rural Telephone Company decision held that alphabetical listings in a phone book were not "original" and therefore not copyrightable, thus rejecting the "sweat of the brow" doctrine that compilations were copyrightable simply because of the effort put into developing them.

True

The actual-malice standard requires a public figure in a defamation suit to prove the defamatory statement was made with knowledge that it was false or with reckless disregard of whether it was false or not.

True

The tort of defamation and the tort of false light are similar, but they involve two different types of harm. Defamation protects us from the harm to our reputation in the external world. False light protects us against harm to one's inner self.

True

US courts have upheld claims that "defamatory statements" can be conveyed through images and digitally altered pictures just as easily as through words.

True

Unlike the rest of the world, the United States follows a "single publication rule" which allows plaintiffs to sue for libel only once. This eliminates the possibility of multiple libel suits for the same defamatory statements in different jurisdictions.

True

When advertising is false or misleading, it no longer serves the informational function and is therefore not protected.

True

With the notable exception of false-light cases, truth is not generally recognized as a defense against a privacy lawsuit.

True

You can use works in the Public Domain without violating copyright.

True

Digital services such as YouTube are not responsible for copyright violations if they don't explicitly encourage them, and if they take down content that copyright holders don't want posted on their platforms.

True "Its called the Safe harbor"

Myth #3: I found the work on the Internet. Therefore its public domain. I can use it without getting permission

Truth: How a work is displayed does not have any impact at all on whether the work is copyrighted or not. Copyright law still applies to everything on the internet.

Myth #2: All I need to do is write a disclaimer indicating that my work isn't associated with the original work

Truth: Including a disclaimer saying this boos is not associated with or endorsed by the Walt Disney company won't give you even the slightest protection against being accused of copy right violation.

In which of the following cases did the Supreme Court explicitly reject the idea that commercial speech "is wholly outside the protection of the First Amendment" and repudiate "the highly paternalistic view that government has complete power to suppress or regulate commercial speech?

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council

What cannot be copyrighted? P2

Works already in the public domain- Things that are part of inherited common culture and that aren't owned by any one entity

What cannot be copyrighted? p3

Works produced by the federal government- Things produced by government agents as part of the terms and conditions of them attempting to serve the general public interest.

A lawsuit that is filed with the intent not to actually win the case in a court of law but to silence a critic by intimidating them and making them spend all their time and money defending themselves against the accusation of defamation is called

a SLAPP

The U.S. Supreme Court has distinguished between three possible types of public figures. They are

all purpose, limited purpose, involuntary limited-purpose public figure

One of my students writes an email to a friend at another university saying, "professors are incompetent morons." If I brought a defamation suit against her, why would I lose?

because the statement does not refer to me specifically by name

In this case, the Supreme Court concluded that private figure plaintiffs should not be compelled to prove actual malice in libel cases. The Court justified the distinction by virtue of the fact that private figures are more vulnerable to defamatory harms than public figures.

Gertz v. Welch

For a statement to be considered published for purposes of a defamation suit, the plaintiff must show that the statement was

disseminated to at least one person other than the person defamed

fair comment and criticism

- Slight variation on stating your opinion - Restaurant Critic #1: " The pasta at this restaurant is soggy and tasteless.

Today commercial fraud is regulated by

-FTC -FDA -FCC -SEC - US postal service

Defenses in Defamation

1. Truth 2. Opinion 3. Fair comment and criticism 4. Rhetorical hyperbole 5. Privilege

Personal Property

2 types Tangible personal property(physically) Intangible

Myth about fair use:

All I need to do is acknowledge the source material and I'll be protected from being accused of copyright1 infringement

What types of work cannot be copyrighted? Check all that apply.

All of them

In Bigelow v. Virginia, the Supreme Court upheld the conviction of a Virginia newspaper editor who was found guilty of running advertisements for a New York abortion referral service at a time when abortions were illegal in Virginia.

False

In Brown v. Entertainment Merchants Association, the Supreme Court concluded that video games are commercial speech. As such, they do not qualify for First Amendment protection. Therefore, California's statute imposing restrictions on on the sale of video games to minors was constitutional.

False

In Dietemann v. Time, the court concluded that news gathering is entitled to First Amendment protection and dismissed Dietemann's privacy lawsuit against Time magazine.

False

In FCC v. Pacifica, the Supreme Court defined obscenity as profanity, references to excretory organs, nudity, and implied sexual behavior.

False

In Miller v. Calfornia, the Supreme Court recognized that there are no geographical boundaries on the internet. Consequently, it would need to provide a uniform and national definition of "obscenity" to replace the older "community standards" definition.

False

In Miller v. California, the Supreme Court recognized that artistic, political, or scientific speech may be obscene under some circumstances--and therefore, won't receive First Amendment protection.

False

Which of the following cases held that commercial speech is "outside the protection of the First Amendment"?

ITS NOT Virginia State Board of Pharmacy v. Virginia Consumer Council OR Bigelow v. Virginia

U.S. Supreme Court rules:

If people were legally required be absolutely accurate in everything they say they would be afraid to say anything

Libel per se v. Libel per quod

In a minority of jurisdictions, courts distinguish between LIBEL PER SE (libel that is defamatory ON ITS FACE) and LIBEL PER QUOD (libel that is NOT defamatory on its face).

When a court weighs a claim of "Fair Use," which of the following issues is likely to be the most important factor that influences the final decision?

Its Not Whether the original author is properly cited

Which of the following rights does not come with copyright?

The right to tell someone who buys your work that they can't destroy it

Public Domain =

You got to use this without restriction

Direct copyright infringement is when

someone is directly responsible for unauthorized copying of a copyrighted work.

A plaintiff who wants to prove that a media producer has been negligent must prove which of the following things: (Pick all that apply)

that the defendant owed a duty of care to the plaintiff that the defendant's breach of the duty of care was the proximate cause of the plaintiff's damages

Contributory copyright infringement is

when I don't directly create the copy but I facilitate the infringement by someone else.

Bad Tendency

-people have a right to speak but they have to take responsibility for the consequences for their speech -Some "Bold speech" has the potential to create danger -Government should allow people to speak but the moment the potential for danger appears the government should intervene.

Criminal Law

-wrongs committed against the public as a whole -The state imposes fines or imprisonment a punishment -Examples: Stealing, robbery, murder, rape, arson, fraud, sedition, cyber stalking -Prosecutor v. Defendant

The courts have generally identified four types of claims as being defamatory on its face

1) false allegations of criminal conduct; 2) false accusations of being disreputable in business; 3) false allegations of sexual promiscuity; and 4) false accusations of suffering from a communicable disease. On the other hand, the courts have generally ruled that hyperbole, parody, and insults phrased in exaggerated or wildly improbable terms are not defamatory. A false statement must generally be believable before it can be considered defamatory.

Who owns the copyright? Agreement to change ownership occur in two ways

1. An Employer-Employee relationship 2. Independent contractor ( or work for hire) relationship

To own a copyright to work must

1. Be a work of original authorship 2. That is fixed in a tangible form

Prosser's four privacy torts

1. Intrusion on Seclusion - Invasion of privacy based on how the information was gathered -"My space" vs Your space vs our space

Basic conditions for a defamation suit

1. Publication 2. Identification 3. Defamation 4. Falsity 5. Fault 6. Damages

Three factors to determine whether an ad is decpetive

1.) message that is likely to be mislead 2. A reasonable consumer 3. Causing them documented material harms

What is the Duration of a copyright

1790- 14 years + renewal of 14 years= 28 years 1831 - 28 years +14 years = 42 years 1909- 28 years + 28 years = 56 years 1976- 28 years + 47 years = 75 years

Valentine v. Chrestensen

1942- Commercial speech is NOT protected under 1st amendment. Christensen distributed printed handbills in the streets promoting his exhibit of a WWI submarine. not allowed to distribute commercial or business advertising

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Brandenburg v. Ohio

1969--Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional.

Prosser's four privacy torts

2. Publicity given to private life - Sometimes referred to "Discourse for a private matter" -Making public something that is private - Health insurance portality and accountable act of 1996 (HIPPA) -Family Educational rights and privacy at of 1974 (FERPA)

False-light invasion of privacy involves exposing an otherwise private individual to unwanted and false publicity.

True

Hustler Magazine v. Falwell held that a tasteless parody of Jerry Falwell was protected as free speech even though it contained a false statement of fact.

True

Libel per quod

"Libel whereby" or defamation because of the context "Clint is perfectly healthy

Truth

"What I said was insulting and harmful, but it was also true" - Zenher v Crown (1735) - Time v. Sullivan (1964) -Time Inc. v. Hill (1967)

opinon

-What I said was insulting and harmful but it was my opinion. The first amendment gives me a right to express my opinion. - "Clint is a stupid jerk"

actual malice

-knowing & intentionally communicating information with a reckless disregard for the truth -The plaintiff must prove (1) the defendant knew that the statement was false (2) that the defendant recklessly disregarded its falsity

absolute privilege

- Some legal and government roles are so important that the person serving needs protection for being accused of defamation - By virtue of the fact that the person duty bound to perform a specific social or political role, they are protected from legal liability in defamation suits

Qualified Privilege

- Some speakers may be required to say controversial things in the context of performing special social duties. -Because they are doing something that is needed by the larger society the courts grant them greater latitude in their speech that they would otherwise get. -Fair comment in response to a request for information - Fair comment as reply in kind

prior restraint

- Speech is dangerous - The government and church must act as moral gat keepers for society - They must control irresponsible speakers, filtering dangerous speech before it reaches the audience and has any potential to cause harm

New York Times v. Sullivan

- Times appealed the decision to the supreme court

Privilege

- What I said may have been false and may have harmed his reputation, but I was speaking from a position of privilege that protects me from being charged

courts of general jurisdiction & Courts of limited Jurisdication

-Criminal and civil cases are tried -Judge and jury determine the facts of the case

Civil Law

-Disputes between private individuals - Action is taken by the aggrieved party to achieve remedy (Injunction or fines) Examples: Contracts, property, Inheritance, domestic relations, torts -Plaintiff vs. Defendant

Clear and present Danger

-Oliver Wendell Holmes (1919) -Government should stop speech that passes an obvious and immediate danger.

Four Factors of Fair Use

-Purpose and Character (what the work is used for) -Nature of Work (the creativity involved) -Amount (how much work is being utilized) -Market Effect (how the use would affect the market)

Limitations on the 1st Amendment Protection

-Regulation of speech Content -Regulation of time, Place, Manner -Regulation of media.

Incitement

-The speaker exhibits serious intent -To commit a specific illegal act

Group negligence

-There is intent- not to do harm- but to do something that is irresponsible - The plaintiff must prove the defendant had deliberate to do something would likely cause them harm.

Public Domain is

-Things that weren't copyright-able in first place -Works that have entered the public domain because the copyright expired - Works that were assigned to the public domain by their original creators

Rhetorical Hyperbole

A statement that's so extreme and overstate that no reader would consider it to have any serious literal meaning. Then its probably not going to be defamatory.

What cannot be copyrighted?

Abstract ideas-things that haven't been recorded in a tangible form Facts- Data and information that exist but aren't actually "Authored"

deceptive advertising

According to the FTC, any ad in which there is a misrepresentation, omission, or other practice that can mislead a significant number of reasonable consumers to their detriment.

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council

Advertising that included the prices of prescription drugs protected by speech

Which of the following would likely count as "fair use"? (Check all that apply.)

All of them

Prosser's four privacy torts

Appropriation -Commercial use of a person's name without their permission. - AKA "Misapporopation"

Court rulings on fair use--

Are not entirely reliable

FTC v. Winstead Hosiery Co. (1922)

Clothing advertised as "Natural woolen" turns out to be a lie Less than 10% wool and mostly cotton

First Admendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Justice Blackmun

Consumers interest in free flow of commercial information may be greater than his interest in political debate

What About the First Amendment

Copyright creates an incentive produce creative expression But Copyright also limits creative expression

Hustler Magazine v. Falwell

Court held that intentional infliction of emotional distress was permissible First Amendment free speech- so long as such speech was about a public official (figure), and could not reasonably be construed to state actual facts about its subject

In which of the following cases did the Supreme Court extend the actual malice requirement to "public figures" in a community, including, for example, a well-known university athletic director?

Curtis Publishing Co. v. Butts

In the United States, how long does a copyright last?

The author's life plus 70 years after death

Who owns the copyright?

The copyright owner is the creator of the work (Unless there is some agreement to the contrary.)

Fault

The defendant has to be responsible for the harm done - It wasn't' just a mistake or accident - The level of fault depends on the situation

Justice Sandra Day O'Connor

The framers indented copyright itself to be the engine of free expression. By establishing a marketable right to use one's expression, copyright supplied the economic incentive to create an disseminate ideas

identification

The plaintiff must be able to prove their was the subject of the offensive remark. -May be identified by name - Or may be identified by process of elimination Group Libel don't count

In Brown v. Entertainment Merchants Association, the Supreme Court concluded that video games are entitled to First Amendment protection. As a result, any attempt by the government to regulate video games must stand up to strict scrutiny.

True

Defamtion

The words spoken are harmful and damaging to the reputation of the subject - Libel per se - Libel per quod

"Libel per se" is speech that is defamatory at face value, while "libel per quod" requires additional facts to create the libel.

True

A defendant is liable for vicarious liability for the actions of a primary infringer where the defendant has (1) the right and ability to supervise and control the infringer's acts and (2) receives a direct financial benefit from the infringement.

True

A news organization will be protected from a private facts privacy claim if it can prove that the material published was "newsworthy."

True

A work prepared by an employee in the scope of his or her employment would be considered a "work for hire." The copyright would not belong to the employee but to the employer.

True

Accusing someone of criminal activity, having a contagious or offensive disease, professional incompetence, or a serious character flaw can be defamatory.

True

All states allow people to use hidden video cameras in their homes. However, the freedom to record in one's own home does not extend to landlords who want to spy on their tenants.

True

Although Elmer Gertz had some prominence as an attorney, the Supreme Court held that he was a private figure due to his lack of general fame and notoriety in the community.

True

Although the "right to privacy" does not explicitly appear in either the text or the amendments of the U.S. Constitution, Congress has passed numerous laws that create a statutory right of privacy.

True

Arrests are always newsworthy, even if the person arrested is later proved to be innocent.

True

Because Prodigy enforced content guidelines, the court (in Stratton Oakmont v. Prodigy) reasoned that it exerted editorial control and therefore was more analogous to a publisher than a distributor.

True

Beginning in the mid-1970s, the Supreme Court recognized that truthful commercial speech did more than propose commercial transactions; it contributed valuable information to citizens and to the marketplace of ideas.

True

Both cyberstalking and cyber harassment are prohibited by federal law.

True

Copyright law includes no formula upon which users may rely, no number of words or percentages that it is acceptable to take.

True

Copyright restricts copying of expression only; it does not restrict dissemination of the underlying ideas in a work.

True

According to Packard, which of the following is a more accurate description of what a copyright means:

copyright refers to a limited right to monopolize the use of intellectual property

In Cox-Broadcasting v. Cohn, the Supreme Court held that

fair and accurate reports of information gathered from public records are protected by the First Amendment.

In Brown v. Entertainment Merchants Association, the Supreme Court concluded that any government regulation of video games must stand up to strict scrutiny. In other words, the government must prove

that there is a compelling state interest behind the challenged law and that the law is narrowly tailored to achieve its desired result

Under defamation law, who can sue for damage to their reputation?

natural persons or legal persons

The statute of limitations in most states for filing a libel suit is

one to three years

Stratton Oakmont v. Prodigy

online service providers could be held liable for the speech of their users; different from CompuServe because Prodigy engaged in content screening and therefore exercised editorial control

Gertz v. Welch

private persons must at least show simple negligence if accusing libel, states can rule for more proof but must at least include simple negligence; divided public figure into limited and total

Imagine a "spy" movie that contains all the references and plot devices that seem to be typical in spy movies: there's a brilliant but troubled hero, an evil enemy, a femme fatale, spy gadgets hidden in wristwatches, belts, shoes, and other personal effects, chase scenes, and so forth. In copyright law, what are these standard themes in the genre called?

scenes a faire

In Brown v. Entertainment Merchants Association, the Supreme Court concluded that research on the effect of violence on children

shows a correlation between exposure to depictions of violence and actual aggressive behavior, but it does not show a clear causal relationship

Bigelow v. Virginia

this case proved that it is completely okay to take out advertising in other states as long as info is factual and newsworthy. it dealt w/ an ad for a NY abortion clinic appearing in a VA newspaper where abortion was illegal