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MMC 4200, Week 10 Notes

by: Deena Acree

MMC 4200, Week 10 Notes MMC 4200

Deena Acree
GPA 3.87
Law of Mass Communications
Sandra Chance

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About this Document

End of chapter 6 Copyright, ownership, author's rights, registration, copyright notices, copyright online, the DMCA, fair use, SOPA and PIPA, 4 factors for fair use, copyright legislation and la...
Law of Mass Communications
Sandra Chance
Class Notes
media law, Law, mass communication, law of mass communication, first amendment, court systems, SCOTUS
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This 7 page Class Notes was uploaded by Deena Acree on Tuesday March 15, 2016. The Class Notes belongs to MMC 4200 at University of Florida taught by Sandra Chance in Winter 2016. Since its upload, it has received 21 views. For similar materials see Law of Mass Communications in Journalism and Mass Communications at University of Florida.

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Date Created: 03/15/16
Class Seventeen Chapter 6 31515 Exam 2 Reminders 0 Review session TODAY at 720pm in TU RL011 0 Office hours Wednesday 215 4200pm The deadline to ask substantive questions about the exam is Wednesday at 500pm Exam 0 Bring UFID or driver39s license 0 Bring a 2 pencil Chapter 6 continued What is copyrightable from previous lecture 0 quotOriginal works of authorship fixed in a tangible medium of expression from which they can be perceived reproduced or otherwise communicated quot Clues 0 Original I Doesn39t have to mean anything quotgoodquot I Just means that it was created with some independent amount of effort I If something appears to be the same as something else but it was created independently of the other thing it is still an individual copyright 0 Fixed in a tangible form I As soon as it is createdrecorded it is copyrighted Ownership 0 Author 0 Works made for hire I Any works that you make for a company which you are an employee of becomes the project for the company usually you sign waivers which say this 0 Freelance I Any works that you create freelance you contain the copyright to I UNLESS you sign a waiver which says otherwisesays that the work is being specifically created for them and will become their property 0 Author39s rights 0 Performance and display I Just because you have contracted someone to display work in one medium doesn39t mean you can display it in other mediums I You as the owner of the copyright can distribute the right to create a work in other forms as you wish UNLESS you give over your copyright completely to the publisher I Over the air broadcasting I You have to pay loyalties to play music in public to larger audiences I Restaurants large stores etc have to pay royalties to play copyrighted music because it is being heard by large audiences I Businesses can pay companies like Pandora to play music business account pays royalties to the copyright owners I Cable and satellites I Generally it is illegal for businesses to get cablesatellite service without permission 0 Copying I Protects the works of the author so that there are commercial incentives to pay for works this gives them a monopoly for their work Registration 0 Copyright lasts for life of author plus 70 years 0 This additional step gives you more security and gives you additional benefits 0 Copyright laws have changed through time but currently is life 70 years 0 After that time the work goes into the public domain and anyone can use it for anything 0 Disney has had a lot to do with extending the right of copyright 0 Work for hire copyright 95 years after publication 0 To register put notice on work register and deposit copies with Copyright Office in Washington DC and pay a fee Change in the Copyright Law 0 1988 Copyright Extension Act 0 Extended copyright by 20 years 0 Extended works for hire by 20 years 0 For works created on or after Jan 1 1978 O This was contested in court but allowed to become law 0 Disney played a large part in this extension 0 Steamboat Willy Original BampW Mickey Mouse and Winnie the Pooh were going to be going into the public domain in addition to other stories Notice 0 To register you have to put a notice on your work in addition to registering The notice requires three items 0 Letter c in a circle with word copyright or copr 0 Year of first publication 0 Name of copyright owner 0 Registration required before you can SUE and recover certain damages 0 You do not have to register a work for it to be protected 0 You do have to register to sue and recover certain damages Copyright Online 0 Digita Millennium Copyright Act 1998 DMCA I Just because something is posted online does not mean that it is in the public domain quite the opposite I This made SPs not liable for infringement that their users do on their servers I However if they are given notice and do not act they can be held liable 0 Service Providers 0 Not required to monitor their networks for infringers 0 Cannot play dumb about infringing activity on their systems 0 Can be held liable for direct contributory or vicarious infringement 0 Safe Harbors for online service providers O Protects if conduits like common carrier 0 But must quottake downquot postings if notified Grokster amp Napster get sued did not cover 0 Napster and the new Internet Police 0 Metallica Napster Police 0 DMCA criminalizes acts that disable or circumvent technology designed to prevent illegal copying O Technologyprograms that let you illegally copy a work like ripping a CD and copying it are only illegal if they are explicitly designed for that purpose 0 As long as they do something else they are not illegal VIDEO 0 Student fined for music sharing 0 A student was fined 675000 for sharing 30 songs 0 Came down to 22500 per song Fair Use 0 Infringement is okay if your use qualifies as a quotfair usequot 0 Is not a right it39s an affirmative defense if someone accuses you of infringing on their copyright and sues you can use a fair use defense 0 Allows critics commentators reviewers scholars to copy limited portions of copyrighted expression for the purpose of comment and criticism 0 Permits limited copyrighting for non commercial uses 0 VIDEO Fair Use and Free Speech 0 Out of hand copyright can become a tool of private censorship 0 Fair Use gives people freedom to create what they want to and publish it without being punished maybe 0 It39s really something that falls to the fact finder O A jury would be considering and determining if your work was considered fair use or not 0 Goal is to give us an understanding of the elements and the idea of how courts interpret the elements SOPA and PIPA SOPA Stop Online Piracy Act 0 Designed to prevent websites from posting copyrighted material illegally 0 It would allow the government to shut down by not allowing access the websites that do so 0 PIPA Protect Intellectual Property Act 0 Provisions of the bills includes 0 Requesting court orders to bar advertising networks and payment facilities from conducting business with infringing websites 0 Limiting search networks from displaying results from websites known to illegally share copyrighted information 0 Increasing criminal laws to include the possibility of 5 years in prison as a penalty 0 VIDEO The Daily Show on SOPA 0 There were a lot of opponents to these bills for many reasons 0 Could have circumvented the safe harbor provision of the DCMA O Allowed entire domains to be blacklisted not just one website 0 Concerns that SOPA would restrict free speech 0 January 18 2012 Wikipedia reddit and approx 7000 other sites organized a blackout so that the websites were down to protest Factors 0 Purpose and character of the use 0 Nature of the copyrighted work 0 Amount and substantiality of the portion used 0 Effect on the potential market 0 Court opinions are usually driven by the effect on the potential market factor 0 If the new work has no effect on the original work39s place in the marketplace amp doesn39t affect the potential market at all it usually ends well for the defendant Factor 1 Purpose and Character of Use 0 Usually falls under one of these categories 0 News and Comments 0 Parody 0 Teaching and Noncommercial research Personalentertainment 0 Advertising only sometimes you can use a small portion of a work to compare one product with another product 0 Luthar R Campbell AKA Luke Skywalker v AcuffRose Music 0 Two Live Crew Pretty Woman a song with the same beat as the song from the movie quotPretty Womanquot and includes some of the lyrics 0 Was a parody but was being used for commercial purposes 0 The court said that a parody has to create a big portion of the other work by its very nature and that parodies are protected by fair use 0 Just because something is created for commercial use doesn39t mean that it falls outside of the fair use doctrine Fair Use Transformative Works 0 Shepard Fairey creates iconic Obama quotphotoquot photo using AP photo 0 He had created a series of photos including the image 0 The photographer believed that he deserved compensation for the photo 0 Fairey admitted 0 AP and Fairey sue each other 0 Fairey sought a declaratory judgment saying that his use of the photo fell under fair use 0 Declaratoryjudgment seeking to establish a legal precedent 0 Case settles with Fairey paying AP undisclosed sum after admitting to lying and destroying evidence 0 Fairey ended up being charged with criminal contempt of court because he had tried to destroy evidence proving that he had lied about the original image he had used claimed that he had transformed it 0 AP sues clothing stores selling designs 0 Fairey not truthful of original image Settles case and plead guilty to criminal contempt of court Factor 2 Nature and Purpose 0 Harper amp Row Publishers v Nation Enterprise 1985 O Unpublished materials get more protection 0 The thought is that the author deserves the right to publish the work first 0 Court said that Nation had published the heart of the work and so had no fair use defense Factor 3 Amount and Substantiality Used 0 It39s not about the amount of the work being used as much as the proportionality of the work and the relevance of it 0 Amount of work not as important as the relative proportion of a work used Factor 4 Effect on Market 0 Basic Books Inc v Kinko s Graphics Corp 0 Teachers used to be able to to go Kinko39s and copy any materials that were used in the course to give to the students 0 Courts ruled that although this was educational use it was violating the rights of the copyright holders which weren39t being given any royalties 0 While student use of course packs was educational reprinting of copyrighted works by Kinko s was for commercial purposes Not protected by fair use doctrine O Negatively affected market of copyright owners Copyright Registration amp Lawsuits US authors must register before they can sue for infringement and actual damages lost profits 0 If work is registered before the infringement owner can sue for statutory damages no proof of financial damage required 0 Statutory damages are extremely costly and even higher if it was willfully infringed Unfair Competition Laws skipped because of time 0 Protects business signs titles names and slogans from theft and misleading uses 0 Commercial practices that confuse or mislead the consumer Misappropriation of others work 0 Using similar titles in a misleading way 0 Stealing trade secrets 0 False advertising Trademark 0 quotAny word name symbol or device used by a manufacturer or merchant to identify and distinguish her goods from those manufactured or sold by others to indicate the source of goods 0 Trademarks do not expire ever 0 Represents a portion of quotgoodwillquot of the company 0 This is so that companies can put a mark on their products which allows customers to rely on the company39s products for 0 Must be inherently distinctive or have acquired distinctiveness 0 Does not depend on originality invention or discovery 0 Rights of the trademark owner must be balanced against the interests of free speech when the unauthorized use is for expressive purposes 0 You can use a trademark to represent a work by that personcompany but not to claim that the work is your own 0 Purpose 0 Registration 0 Protected under common law I Common law typically only keeps it from being used in the area that you39re in 0 Register for protection under Lanham Act I Gives you national protection from anyone using your trademark Likelihood of confusion O This is the main question that the courts are going to ask when trademark decision come up First Amendment Protections Dilution 0 Not the same as confusion O In this case the diluting work tarnishes the value of the mark 0 This is a work that tarnishes the value of the mark ex making the Coke logo into an image that says quotEnjoy Cocainequot Genericide O Occurs when a trademark becomes a generic term for a product 0 When a word becomes a common term that people use and loses its distinctiveness 0 When this happens you lose the trademark 0 Examples escalator aspirin were both trademarked at first Abandonment O 5 years of non use constitutes abandonment of a trademark and you lose it First Amendment amp Trademark The rights of the trademark must be balanced against the against the interests of free speech when the unauthorized use is for expressive purposes Those who borrow trademarks to gather news create parodies and other expressive purposes are protected Trademark Infringement Strength of the mark Similarity in appearance of the products The meaning of the marks The kinds of goods in question The intention of the defendant in using the mark Sample Exam Questions E False True False True True True False False False False False False E True False True False False False True


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