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OU / Journalism and Mass Communication / JMC 4813 / What are the two biggest reasons for changes within dynamics of intell

What are the two biggest reasons for changes within dynamics of intell

What are the two biggest reasons for changes within dynamics of intell


School: University of Oklahoma
Department: Journalism and Mass Communication
Course: Media Law
Professor: Robert kerr
Term: Summer 2015
Cost: 50
Name: Unit 3 Exam Study Guide
Description: Unit 3 focuses on 1) Copyright and Trademark rights and infringement, 2) Commercial Speech, 3) Broadcast and Internet Law and 4) Supreme Court Cases regarding each of these subjects and how the First Amendment (free speech) has a role in determining the court ruling of such cases
Uploaded: 11/05/2015
5 Pages 125 Views 1 Unlocks

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UNIT 3 Exam Study Guide  

What are the two biggest reasons for changes within dynamics of intellectual property and theft thereof are?

What to LEARN for UNIT 3

Copyright and Trademark

The comparison Dr. Kerr used to explain the best way to think about the reality  of taking intellectual property without permission.

- Taking intellectual property without permission is like speeding while driving.  You may not get caught, but when you do get pulled over for speeding, the law  is on the side of the police. So it is when you steal intellectual property, for it  is often gotten away with, due to the advancement of technology. This  advancement has also increased the level of punishment for dealing with  Don't forget about the age old question of What are the advantages and disadvantages of an experimental design in an educational study?

people who do commit intellectual property theft. - The law views intellectual property the same way in order to keep owners from  having their property stolen. - There is a significant societal interest in protecting property.

What principles have been most influential in media law concerning the internet?

Don't forget about the age old question of What is the title of the book that daniel guleman wrote?

What Dr. Kerr said are the two biggest reasons that the dynamics involved in  intellectual property have been transformed so dramatically in recent years.

- The two biggest reasons for changes within dynamics of intellectual property  and theft thereof are:  

- 1) Technology opens up the possibility for the public to digitize almost any  form of digital property - 2) People can electronically transfer/receive almost any kind of intellectual  property sometimes instantly - Negative results..  

- Digital Piracy- digital taking or recording of intellectual property without permission - Illegal Downloading- through the internet stealing digital property has  become so common many people often don’t think it’s a serious crime

What the supreme court established in red lion v. fcc that remains the most important precedent in broadcast law to this day?

If you want to learn more check out In descriptive statistics, what is the mean week 4 score of female?

The three-part test for determining copyright infringement.

- Plaintiffs must first prove:  

- (1) Originality—that the material in question was original enough to be  legitimately copyrightable - (2) Access—meaning its dependent on how widely available the work in  question was (some ability to access) - Examples/Cases of Access:  If you want to learn more check out A geologist collects hand-specimen sized pieces of limestone from a particular area. a qualitative assessment of both texture and color is made with the following results. is there evidence of association between color and texture for these limestones?
We also discuss several other topics like What is the purpose of conducting an experiment? how does an experimental design accomplish its purpose?

- Miller Brewing v Carling O’Keefe (1978) - Miller Lite ads on TV were  ruled clear evidence of access

- Bright Tunes Music v Harrisongs (1978) - a pop hit song owned by Bright  Tunes Music was ruled as sufficient access for public to be copyrightable  material - Jason v. Fonda (1981) - due to the fact that merely a few copies of a novel  were in circulation was ruled not sufficient access - (3) Substantial similarity - Universal Studios v. Film Ventures (1982) - the key elements of the Film  Adventures film “Great White” was ruled substantially similar, and  therefore, copyrighted property of Universal Studios film “Jaws” - Warner Bros v ABC (1981) - the superhero character of an ABC TV series  called “Greatest” the American hero was ruled not substantially similar to  the well-known superhero in the film “Superman”  Don't forget about the age old question of What is the personal and social impact of alcoholism?

Why the concept of “transformative expression” is important.

- Under the fair use doctrine when infringement is in question, proving  transformative expression is a requirement for proving fair use - A crucial consideration is that the copying must add something new - an  original contribution of transformative expression, meaning or message - to  that which is copied

The four-part test for determining if a copyright infringement is a fair use -- and  which part is specified as the most important.  

1) Purpose and character of the use 

- Most likely to qualify as fair use when copying involves reporting, criticism,  commentary, teaching, scholarly or technical research - Advertising - unlikely to qualify as fair use - Corporate or commercial - generally not qualified as fair use - Personal entertainment qualifies - Sony v Universal Studios - Home  recording of TV Shows - Parody qualifies - Campbell v Acuff-Rose Music (1994)  

2) Nature of the copyrighted work - Basically the more original and or expressive the copyrighted work is, the less  fair use tends to be allowed - More fair use is allowed with works that require little originality (dictionaries,  lists, stock tables) than those that do novels, plays, movies) - Little fair use is allowed with poems, songs, and unpublished manuscripts and  letters  

3) Amount and substantiality of the portion use - Basically, the greater the amount of copying in relation to the size of the  copying works is, the less fair use tends to be allowed - Fair use declines as proportion copied increases - The shorter the copyrighted work the less copying will be allowed as fair use

- Quality may negate fair use of even small amount - as the Supreme Court  made clear in Harper and Row v. Nation (1985)  

4) Effect upon the works potential market **most important factor in  determining fair use** 

- Key issues are profits made via the copying and diminished value caused by  the copying itself - Will it diminish its value or potential value - Sony v Universal Studios (1984) - Supreme Court said noncommercial home  recording would not damage market and might even boost market by adding  

more viewers (time-shifting) - and time has proven that true - Basic Books v Kinkos (1991) - Commercial copying of course packs without  permission was ruled to be damaging to publishers markets  

How trademark and copyright differ.

- Trademark law protects property value in words, symbols, etc., that are not  covered by copyright law - Signs, titles, names, slogans, etc. that businesses use to differentiate  themselves - Originated in common law of unfair competition - Different from copyright law because it protects not original expressions, but  rather marks established in commerce as distinctive - Prevents competitors from unfairly capitalizing on investment made to  associate name with product

The two key elements involved in trademark infringement.

- In trademark infringement cases, the two factors courts particularly consider  are likelihood of confusion and dilution of distinctiveness - Likely to confuse consumers as to what it conjures up and likely to dilute  distinctiveness of trademark itself..distinctiveness is at the heart..found to be  trademark infringement

- Estate of Presley v Russen (1981) - Elvis imitator ruled likely to create  impression he was sponsored by Presley estate (Used Elvis Presley, the Elvis  Pose, TCB) - Coca-Cola v Germini Rising (1972) - Use of distinctive script. color on  Cocaine posters ruled potential dilution - Hasbro v Internet Entertainment (1996) - porn site candyland.com ruled  potential dilution (candy land game) - Moseley v Victorias Secret (2003) - Victors Little Secret adult-novelty shop  ruled not dilution

Broadcast and Internet law  

The basis for why the First Amendment allows broadcast messages to be  regulated in different ways from other messages.

- Broadcast comes through limited public airways

The role of the FCC in broadcast regulation.

- Control tv and all media like that, enforce regulations, develop new ones, FCC regulation of indecency in television programming - FCC can regulate indecency for broadcast but not for cable - FCC regulation related to television programming for children has very little  regulation - Children's TV Act- requires 3 hours of child programming- most don't do this.  v-chip- blocks programming for kids if you would like

The big difference from broadcast regulation in the way the First Amendment  applies to regulation of the Internet. - It is extremely protected and has the same protection from gov as the press.

What principles have been most influential in media law concerning the  Internet.  

- Infinite number of sources, lack of gatekeepers, parity among senders and  receivers, low cost, jurisdiction, ambiguity  

Important cases

The huge difference in what the Supreme Court said about First Amendment  protection for advertising in the Valentine v. Chrestensen and Virginia Pharmacy  cases. - Supreme Court said in the Valentine v. Chrestensen it was purely commercial  advertising had no constitutional (1st amend) protection - Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council  (1976)  

- First Amendment protection first established for purely commercial speech - Supreme Court said advertising of truthful information about entirely lawful  activity is protected - The Court said consumers in a free-enterprise economy have a public  interest in the free flow of factual commercial information to make  intelligent, well-informed decisions

Which would be the most important First Amendment advertising case for  advertisers AND which for consumers -- and why.

- To Advertisers: Virginia Pharmacy v. Virginia Consumer Counsel - gave  truthful commercial speech (some) first amendment protection - To Consumers: Central Hudson v. PSC: created a test designed to protect  consumer interests and fair bargaining process

What the important test established in Bolger v. Youngs Drug Products does  AND how it does that.  

- Tests whether speech is commercial or political:  

1) is speech in ad format  

2) does speech reference a specific product  

 3) is there commercial motivation to buy

What the Supreme Court established in MGM Studios v. Grokster concerning  file-sharing services and copyright infringement.

- Supreme Court ruled that P2P file sharing services are liable for copyright  violations of its users

What the Supreme Court established in Red Lion v. FCC that remains the most  important precedent in broadcast law to this day.

- Ruling required broadcasters to provide opportunity to answer personal attack  was held to enhance rather than abridge freedom of speech

*Precedent: Because broadcasters use public airwaves, broadcasters can be  required to serve the public interest - which can be defined by congress/FCC

What the Supreme Court has said about FCC regulation of indecency on  broadcast and cable television in its group of cases on the subject, particularly  these three cases: (1) Pacifica, (2) Playboy, and (3) Turner Broadcasting. - Courts held regulation is justified on basis of limited broadcast spectrum  requiring a duty to serve public interest - Regulate sexual words & images that aren't classified as obscene - Congress punishes more aggressively since Janet Jackson at the Superbowl - FCC v. (1) Pacifica; US v. (2) Playboy; FCC v. (3) Turner - (1) Supreme Court ruled broadcasting is more intrusive and accessible to  children; so it is constitutional to regulate broadcast indecency - (2) Rules same indecency standard cannot be imposed on cable TV - (3) Cable operators ruled to have 1st am. rights greater than broadcasters but  

not as great as written media; content-neutral regulation of cable is  constitutional if narrowly tailored to serve an important gov. purpose & restrict  free speech as little as possible

The very important principle that the Supreme Court established in Reno v.  American Civil Liberties Union concerning the Internet.

- The Supreme Court declared the internet should receive "the highest  protection from government intrusion” - Essentially has same 1st Amendment protection as the press, in contrast to  relatively more limited protection that broadcast has - Considered top of the Hierarchy of Protection

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