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Mass Media Law

Mass Media Law Exam 2 Chapter 6 Study Guide

QuestionAnswer
transformative use if an individual takes a portion of a copyrighted work and uses it for another purpose.
Ashcroft v Free Speech Coalition Laws included to protect children from being exploited, the court ruled that the justification for the law was insufficient sense congress failed to provide evidence of more than a remote connection between speech that might encourage child abuse
Most heavily regulated form of mass media advertisment
commercial speech nothing more than the selling of a product or service
Lanham act stop unfair competition, used by someone trying to punish or sue for money. (Listerine case)
Erznoznik v City of Jacksonville "important state interest" supreme court struck down a law because the definition of material that could not be distributed to juveniles was not specific enough
Harper & Row v National enterprises a newspaper, tv broadcast, or website can summarize what it has learned from a copy of an unpublished memoir or book, but cannot quote sentences, paragraphs, or pages.
Commercial Speech Doctrine 1. Substantial state interest to justify regulation (gov. has to have a reason) 2. evidence has to show a connection ( the regulation advances the interest) 3. Reasonable fit between state interest/regulation
substantiate prove to the FTC that your ad is true to what it claims.
copyright protects original work of authorship, does not include: ideas, facts, letters, opinion, history, everyday words, anything not original.
Miller test 1. average person, applying contemporary community standards, finds the work as a whole, appeals to purest interest. 2.The work depicts in a patently offensive way sexual conduct defined by state law 3. Work lacks SLAPS
Bigelow v Virginia led to the commercial speech doctrine (balences 1st amendement protection vs. gov. regulation) Time place manor
Digital Millennium Copyright Act provided for fair use defense in cyberspace
Chilling effect TV shows are afraid to do anything indecent in fear of punishment by fcc
Burstyn V Wilson expanded 1st amendment to include coverage of motion pictures
Berne Convention U.S. entered the international copyright treaty, made copyright more broad, as soon as something is created its covered by copyright
trademark prevent confusion in the marketplace, can last forever (renewed every 5-10) years, up to companies to go against ppl violating
Can-Spam Act no deceptive e-mail subject lines, identify emails as ads, monitor what others do
Communications Decency Act made it a crime to transmit indecent material or allow indecent material to be transmitted over public computer networks to which children have access
Federal Dilution Trademark Act gives the owners of trademarks/tradenames legal recourse against anyone who uses the same/simial trademarks on even dis-similar products (walkman)
Created by: bjes61