EMB 110 Notes: TelecommLaw
EMB 110 Notes: TelecommLaw EMB 110-001
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This 4 page Class Notes was uploaded by Natalie Notetaker on Wednesday April 20, 2016. The Class Notes belongs to EMB 110-001 at Northern Kentucky University taught by Wesley Akers in Fall 2015. Since its upload, it has received 20 views. For similar materials see Introduction to Mass Media in Information technology at Northern Kentucky University.
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Date Created: 04/20/16
EMB 110 April 19, 2016 Major Telecom Acts & Laws 1927 Radio Act Set up certain provisions for people who run a radio 1927 Radio Act Public owned electromagnetic spectrum All possible radio frequencies people can broadcast on Prevented people from owning a specific frequency Government could not censor programming The government cannot shut a station down for practicing freedom of speech but they can fine them for violating public decency Established FRC (Re-named FCC after 1934 Comm. Act) In charge of finding people who violate public decency on the radio Theories for Regulation - Restricting rights Public Airwaves The airwaves are for public use Scarcity Theory There are only so many radio airwaves to use There is not enough over the air airwaves so they regulate this form of communication due to scarcity Pervasive Presence theory You cannot keep the idea of over the air airwaves out of your living space They are just there Because it is everywhere we need rules restricting content Content Regulations Indecency The government cannot shut down stations foe indecency because that is against the Constitution Safe Harbor (10pm -6am) If stations are going to broadcast indecent content, it has to be between 10pm -6am Obscenity Content that crosses the line Content that can cause harm to another Not Constitutionally protected - Key difference: indecency is protected by Constitution; obscenity is not 1996 Telecomm Act Loosen ownership restrictions Big companies can own any amount of stations but there are restrictions Cross competition for phone & cable companies After the Telecomm Act stations could not threaten to go to the competition when their contracts were up Phone and cable companies can offer both phone and cable V-chip People can block certain channels for their kids Copyright If you create something, you have the right to determine how your creation is distributed and/or how it is used It’s your property You cannot copyright an idea or expression, it has to be attached to something tangible When a piece of work is in the “Public Domain” it means other people have free right to use it Royalties Paying people for using their work Licensing In order to get rights to use a piece of work, you have to contact the licensing agency Fair Use - The idea that you can use a little piece of something that is copyrighted without permission, but it is still breaking the law. This is no longer accurate Performance Releases & location Releases - What you are recording in public is important and you don’t need people’s permission to film (ex: News) but everyone has a right to their own image Performance Releases - Helps to protect you against certain law suits 1. Right to privacy Everyone has a right to their own image People can sign something stating that they agree that a station can use their image 2. False Light The act of presenting someone falsely Can apply to news If a reporter records someone and writes a piece for the recording with non-accurate information then that person can sue the company 3. Right to Publicity When it comes to famous people, reporters have to have permission to film them Location Release If you are at a location, you have to get permission to film there Trademarks/Logos Signs/clothing companies have a right to their logos in film You have to have the companies permission to use their trademark or logo in a film Pay for Play? Payola Record companies pay someone in charge of music at a radio station to use their music on the radio Radio people have to determine what the public wants to hear but companies will try to pay off the person in charge of choosing music in order to get their songs on the radio This is illegal Plugola The idea that some people on the radio or T.V are being paid by a company to promote their business This does not mean commercials because they pay for a commercial spot If a person gave a shout out to a company on public air and the company paid them to say that, it is considered plugola This is also illegal
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