Mass Comm Law Quiz 7: chap 11 and 12
The Supreme Court first ruled that the First Amendment provided some protection from government regulation of commercial speech in a case involving ______. 1) a letter to the editor in which Nike defended its overseas facilities 2) interstate advertising for casinos 3) a tobacco ad using cartoon characters 4) an advertisement for the civil rights movement
4) an advertisement for the civil rights movement
When courts apply the post-Sorrell Central Hudson test, they ______. 1) always strike down regulation of advertising 2) never strike down regulation of advertising 3) ask only whether the ad is for a legal product 4) follow a complicated, multistep process and strike down many regulations
4) follow a complicated, multistep process and strike down many regulations
Which of the following was Congress's attempt to integrate the internet and other digital media more squarely into U.S. copyright law? 1) Digital Millennium Copyright Act 2) 1976 Copyright Act 3) Communication Act of 1934 4) Berne Convention
1) Digital Millennium Copyright Act
Which federal agency is the primary regulator of advertising? 1) Federal Trade Commission 2) Federal Communications Commission 3) Federal Bureau of Tobacco, Alcohol, and Firearms 4) Federal Securities and Exchange Commission
1) Federal Trade Commission
The most distinctive category of trademarks is ______. 1) fanciful marks 2) arbitrary marks 3) suggestive marks 4) descriptive marks
1) fanciful marks
Native advertising is a form of advertising that ______. 1) is difficult to distinguish from the editorial content of the platform on which the ad appears 2) promotes the goods and services of the producer of the platform on which the ad appears 3) encourages investment in local goods and services in the public interest 4) highlights the association of the advertised goods and services with members of a registered tribe
1) is difficult to distinguish from the editorial content of the platform on which the ad appears
A work is copyrighted when ______. 1) it is created 2) the copyright notice is affixed 3) the creator thinks of the original idea 4) it is registered
1) it is created
The FTC's two primary approaches for addressing problematic advertising are ______. 1) preventive and corrective 2) corrective and punitive 3) punitive and comprehensive 4) preventive and comprehensive
1) preventive and corrective
In copyright law, the term "fair use" means ______. 1) the most commonly used defense against charges of copyright infringement 2) a copyright law provision allowing journalists to quote as much of a copyrighted work as they want in news stories 3) a copyright law provision allowing people to download recordings without asking permission from the copyright holders 4) the defense in a copyright infringement suit when copyrighted music is used in a commercial without permission
1) the most commonly used defense against charges of copyright infringement
The Lanham Act targets ______. 1) improper use of broadcast frequencies 2) unfair competition by an advertiser 3) the distribution of obscene material via the U.S. mail 4) fair use violations
2) unfair competition by an advertiser
Which of the following is the backbone of U.S. copyright law? 1) Digital Millennium Copyright Act 2) 1976 Copyright Act 3) Communication Act of 1934 4) Berne Convention
2) 1976 Copyright Act
The Federal Trade Commission views "word-of-mouth" advertising as ______. 1) a form of puffery over which it does not exercise oversight 2) advertising via social media from influencers that is subject to the full range of FTC oversight 3) falling outside the definition of commercial speech 4) a form of advertising that is evolving too rapidly to regulate
2) advertising via social media from influencers that is subject to the full range of FTC oversight
The FTC defines puffery as ______. 1) grossly misleading claims about products or services 2) exaggerated product claims that no reasonable person would take seriously 3) false material claims likely to affect consumer purchase decisions 4) mentioning "hard" liquor on television
2) exaggerated product claims that no reasonable person would take seriously
Which of the following is defined as an "invented mark" or a made-up word? 1) arbitrary mark 2) fanciful mark 3) suggestive mark 4) descriptive mark
2) fanciful mark
Kim is a freelance journalist who writes a story about river pollution. Kim's copyright on the story will last for ______. 1) 125 years from the date he wrote the story 2) his lifetime plus 70 more years 3) 28 years, renewable for another 28 years 4) 75 years
2) his lifetime plus 70 more years
Because government controls or bans certain products and services, advertising for these products and services ______. 1) is subject to the same degree of government control 2) may be subject to some government regulation 3) may not be regulated because the public has a heightened need for information in these areas 4) is illegal
2) may be subject to some government regulation
Courts define commercial speech as ______. 1) paid messages of any kind 2) paid messages that do no more than propose commercial transactions 3) paid and unpaid messages designed to promote commercial transactions and advance corporate interests 4) none of these
2) paid messages that do no more than propose commercial transactions
The Supreme Court's ruling in New York Times v. Sullivan clearly establishes that ______. 1) any payment for the publication of material limits the First Amendment protection for the content 2) payment for publication does not single-handedly limit the First Amendment protection for content 3) the First Amendment absolutely protects all content distributed by "the press" from government regulation 4) content qualifies as commercial speech an average person would recognize the as an ad
2) payment for publication does not single-handedly limit the First Amendment protection for content
To sue for copyright infringement under the current U.S. copyright law, a copyright holder must ______. 1) register the copyright before the infringement takes place 2) register the copyright before suing 3) mail a copy of the copyrighted work to himself or herself 4) do nothing except hire a lawyer
2) register the copyright before suing
In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, about advertising prescription drug prices, the U.S. Supreme Court ruled that ______. 1) commercial speech has no First Amendment protection 2) while some regulation of advertising is permissible, it was not in this case because of the valuable information contained within the ads in question 3) commercial speech has absolute First Amendment protection 4) advertisements must be allowed to make exaggerated claims
2) while some regulation of advertising is permissible, it was not in this case because of the valuable information contained within the ads in question
Which statement is not true regarding the commercial speech doctrine? 1) The doctrine attempts to ensure that any government regulation of advertising serves a government interest. 2) The doctrine attempts to ensure that the government interest is directly advanced by the regulation. 3) The doctrine attempts to ensure that the government interest is advanced through the least restrictive means. 4) The doctrine asks whether the advertisement in question is false, misleading, or promotes anything illegal.
3) The doctrine attempts to ensure that the government interest is advanced through the least restrictive means.
Which of the following may be protected by copyright? 1) scientific discoveries 2) historical events 3) a story published on a newspaper's front page 4) all of these
3) a story published on a newspaper's front page
In reviewing commercial speech cases, generally lower courts ______. 1) apply the Central Hudson test with consistent results 2) consistently define commercial speech 3) apply the Central Hudson test with inconsistent results 4) consistently say they know false advertising when they see it
3) apply the Central Hudson test with inconsistent results
When government uses regulation to alter the flow of information to the public and shift consumption patterns, the Supreme Court has said the government's goal is ______. 1) of the highest order 2) irrelevant to the constitutionality of the regulation 3) likely to be unconstitutional 4) key to the national interest in a thriving domestic economy
3) likely to be unconstitutional
The U.S. Supreme Court has reviewed cases involving regulation of gambling advertisements because ______. 1) the Constitution clearly protects advertising from such regulation 2) there is no substantial government interest in regulating advertising 3) neighboring states differ in their regulation of the activity and its promotion 4) the Court has authority over all regulation of "vice" products and activities
3) neighboring states differ in their regulation of the activity and its promotion
The federal Controlling the Assault of Non-Solicited Pornography and Marketing Act ______. 1) bans all advertising and promotion of pornography 2) establishes statutory protection for the marketing of pornography 3) regulates deceptive labelling and spam, including pornography, online 4) bans all explicit sexual content online
3) regulates deceptive labelling and spam, including pornography, online
Disclosure and substantiation are ______. 1) elements the Supreme Court used to define commercial speech 2) fraudulent or misleading claims made by advertisers 3) tools used by the Federal Trade Commission to correct potentially misleading advertising 4) required elements of alcohol and tobacco labeling
3) tools used by the Federal Trade Commission to correct potentially misleading advertising
On its newscasts and without permission, a radio station reads stories from the local daily newspaper's front page. The paper likely will be successful suing for ______. 1) violation of the Berne Convention 2) trademark infringement 3) unfair competition 4) plagiarism
3) unfair competition
The videotape made by the KSOX crew in the previous question is called a ______. 1) registered work 2) trademarked videotape 3) work made for hire 4) licensed videotape
3) work made for hire
Which of the following is not true about the CAN-SPAM Act? 1) It prohibits the use of false header information in commercial e-mail. 2) It requires unsolicited e-mail messages to include opt-out instructions. 3) ISPs, state attorneys general, and federal agencies can pursue spammers in federal courts with criminal and civil penalties. 4) It requires all Internet advertisers to register with the FCC.
4) It requires all Internet advertisers to register with the FCC.
In the development of commercial speech law, which statement best describes how Sorrell affected the application of the Central Hudson Gas & Electric Corp. v. Public Service Commission test? 1) There was no impact; Central Hudson remained unchanged. 2) Sorrell struck down Central Hudson. 3) Sorrell created an entirely new test and gave courts a choice in deciding whether to use the Sorrell or the replaced Central Hudson test. 4) Sorrell modified the Central Hudson test, strengthening the constitutional protection for truthful advertising for legal products.
4) Sorrell modified the Central Hudson test, strengthening the constitutional protection for truthful advertising for legal products.
Many of the court decisions in the area of commercial speech involve advertising and labeling of ______. 1) alcohol and tobacco 2) gambling 3) pharmacies and prescription drugs 4) all of these
4) all of these
Which of the following is a true statement about copyright infringement cases? 1) A plaintiff must show proof of copying. 2) Sometimes expert testimony is allowed, especially in highly technical cases. 3) Juries are empowered to play a central role in determining questions of substantial similarity. 4) all of these
4) all of these
Jennifer, a reporter for KSOX-TV, videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m. news. KSOX ______. 1) can broadcast the tape once and then the tape's copyright reverts to Sandy 2) automatically shares the tape's copyright with Sandy 3) owns the tape's copyright for 10 years before the copyright reverts to Sandy 4) owns the tape's copyright
4) owns the tape's copyright
Which word or phrase applies to the requirement that advertisers must verify or prove their claims? 1) voluntary compliance 2) cease and desist order 3) consent order 4) substantiation
4) substantiation
The United States has a copyright law because ______. 1) individual states adopted copyright laws when the United States was formed 2) the United States adopted the copyright model used in France 3) authors, composers, and other creative artists demanded a copyright law 4) the U.S. Constitution gives Congress the power to adopt a copyright law
4) the U.S. Constitution gives Congress the power to adopt a copyright law
Usually, the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is ______. 1) the quantity and quality of a work copied 2) what the copyright holder intended the work to be used for 3) whether the copyrighted work was a work for hire 4) the impact on the copyrighted work's market value
4) the impact on the copyrighted work's market value
The Lanham Act
a federal law that regulates the trademark registration process but also contains a section permitting business competitors to sue one another for false advertising
