exam 2 study guide
exam 2 study guide MMC4200
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This 3 page Study Guide was uploaded by Alex L on Thursday March 17, 2016. The Study Guide belongs to MMC4200 at University of Florida taught by Sandra Chance in Winter 2016. Since its upload, it has received 38 views. For similar materials see Law of Mass Communications in Telecommunication at University of Florida.
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Date Created: 03/17/16
MMC 4200 Spring 2016 Review Sheet for Second Exam Chapter 4 Libel (defenses only) 1. What types of individuals are common libel defendants? 2. What are the libel defenses? How do they work? 3. Does the First Amendment protect opinion? If so, how? 4. What are the libel privileges and how do they work? (absolute and qualified) 5. In Florida, what is the statute of limitations for filing a defamation lawsuit? Chapter 5 Privacy 1. Where did the right to privacy come from? 2. What are the four torts of privacy? 3. What are the elements for a private fact case? 4. What are the defenses to a private fact case? 5. What are the elements of intrusion? 6. What is the general rule about filming, photographing and recording? 7. When is intrusive behavior typically found not to be highly offensive? 8. What are the rules about secret recording (hidden cameras)? See Dietemann v. Time, Inc. 9. What are the elements of a trespass? 10. What is the defense of custom and usage? See Florida Publishing Co. v. Fletcher. 11. What are the elements of a false light tort? See Cantrell v. Forest City Publishing Co. 12. When must a plaintiff prove “actual malice” in a false light case? See Time, Inc. v. Hill. 13. What are the defenses for a false light case? What’s happening in Florida? Remember the Anderson case from our class discussion. 14. What are the elements of appropriation? 15. What are your defenses if you get sued for appropriation? See Zacchini v. ScrippsHoward 16. What are the elements for an emotional distress lawsuit? 17. What’s the difference between private figures and public official/figures suing for intentional infliction of emotional distress? See Hustler Magazine v. Falwell 18. What is participant monitoring? What is the law in Florida? How is this different from the federal law? 19. Do reporters trespass when they misrepresent themselves to acquire information from public businesses? 20. When is the media responsible for physical harm, which results from incitement, negligence or lack of duty not to publish material due to foreseeable harm? Chapter 6 Copyright 1. Where do the laws of copyright come from? 2. What is copyrightable? 3. What does copyright protect? 4. What is the general rule when it comes to copyright? 5. How does copyright work? How long does it last? What are the three elements of notice? How do you register a copyright? Why would you register a copyright? How do you enforce a copyright? 6. What makes a work “original?” See Feist Publications, Inc. v. Rural Telephone Service Co. 7. What rights do authors have? 8. What is a work for hire and how is this different from freelancers? 9. What is the major defense to a claim of copyright infringement? 10. What are the four factors a court considers when determining whether the use of copyrighted material is a fair use? See Harper & Row Publishers, Inc. v. National Enterprises 11. How and why are parodies protected by fair use exception to the law of copyright? See Campbell v. Acuff Rose Music, Inc. 12. What is the Digital Millennium Copyright Act? What must Internet service providers do to remain protected under the DCMA? 13. What special issues are now arising with popular Web sites YouTube, MySpace, and Facebook? 14. What is a trademark and how is it different from a copyright? How is it similar? 15. What is the purpose of a trademark? 16. What is unfair competition? Is it the same as a copyright or trademark claim? 17. What must a trademark plaintiff show in order to prove trademark infringement? 18. What is dilution? How does it differ from confusion? 19. When would fair use and the First Amendment be successful defenses to infringement claims? 20. What are the penalties for violating the copyright law? Trademark laws? Laws against unfair competition? Chapter 8 – Commercial Speech 1. How did the First Amendment protections for commercial speech evolve? See Valentine v. Chrestensen and New York Times v. Sullivan. 2. What is the extent of First Amendment protection for commercial speech? Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council. 3. What “test” does a judge use in determining whether a regulation of advertising is an unconstitutional regulation because it violates the First Amendment? 4. Does the First Amendment protect false advertising? 5. When are regulations (also known as “prior restraint”) permissible when it comes to advertising? What are some other differences between commercial and political speech? 6. What is the Central Hudson test and when is it used? 7. What is the FTC? What does it regulate? Where does its authority come from? What powers does it have? 8. What is an unfair practice? 9. What is a deceptive ad? 10. What are express and implied falsehoods? 11. What authorities can regulate advertising? 12. What is the FTC’s complaint process? 13. What is the Lanham Act and when is it used? 14. What is RICO and when is it useful to stop misleading or deceptive advertising? 15. What is the CANSPAM Act, and what does it protect against? 16. What’s happening with personal data collection? Websites, businesses, social media, like Facebook? 15. When are corporations required to report financial information? See SEC v. Texas Gulf Sulphur Co. 16. What is the SEC? Where does it get its authority? What does it have authority over? 17. What is Rule 10(b)? What does it prohibit? How does it define fraud? See SEC v. Texas Gulf Sulphur Co. 18. What is “insider trading” and what are the penalties for insider trading? See SEC v. Texas Gulf Sulphur Co. 19. What does “tipping,” “tipper” and “tippee” mean? See SEC v. Texas Gulf Sulphur Co. Important Cases: Chap. 4 Libel Milkovich v. Loraine Journal Co. Chap. 5Privacy Bartnicki v. Vopper Cox Broadcasting Corp. v. Cohn Desnick v. ABC Florida Star v. BJF. Florida v. Globe Communications, Inc. Food Lion v. ABC Cape Publishing, Inc. v. Bridges Dietemann v. Time, Inc. Hustler Magazine v. Falwell Zacchini v. Scripps Howard Broadcasting Co. Cantrell v. Forest City Publishing Co. Fla. Publishing Co.v. Fletcher Time, Inc. v. Hill Anderson v. Pensacola News Journal (class discussion) Braun v. Soldier of Fortune Chap. 6Copyright Fiest Publications v. Rural Telephone Service Co. Harper & Row Publishers, Inc. v. Nation Enterprises Campbell v. AcuffRose Music, Inc. Basic Books v. Kinko’s Graphics Corp. Chap. 8 – Commercial Speech Valentine v. Chrestensen Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council Central Hudson Gas & Electric v. Public Service Kasky v. Nike SEC v. Texas Gulf Sulphur Co.
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