Mass Media Law Exam 2 Chapter 6 Study Guide
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| transformative use | if an individual takes a portion of a copyrighted work and uses it for another purpose.
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| 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
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| Most heavily regulated form of mass media | advertisment
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| commercial speech | nothing more than the selling of a product or service
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| Lanham act | stop unfair competition, used by someone trying to punish or sue for money. (Listerine case)
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| 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
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| 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Row v National enterprises | a newspaper, tv broadcast, or website can summarize what it has learned from a copy of an unpublished memoir or book, but cannot quote sentences, paragraphs, or pages.
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| 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
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| substantiate | prove to the FTC that your ad is true to what it claims.
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| copyright | protects original work of authorship, does not include: ideas, facts, letters, opinion, history, everyday words, anything not original.
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| 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
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| Bigelow v Virginia | led to the commercial speech doctrine (balences 1st amendement protection vs. gov. regulation) Time place manor
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| Digital Millennium Copyright Act | provided for fair use defense in cyberspace
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| Chilling effect | TV shows are afraid to do anything indecent in fear of punishment by fcc
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| Burstyn V Wilson | expanded 1st amendment to include coverage of motion pictures
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| Berne Convention | U.S. entered the international copyright treaty, made copyright more broad, as soon as something is created its covered by copyright
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| trademark | prevent confusion in the marketplace, can last forever (renewed every 5-10) years, up to companies to go against ppl violating
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| Can-Spam Act | no deceptive e-mail subject lines, identify emails as ads, monitor what others do
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| 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
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| 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)
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