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by: Emely McClure


Emely McClure
Virginia Commonwealth University
GPA 3.85

Robert Dybing

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About this Document

Robert Dybing
Class Notes
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This 9 page Class Notes was uploaded by Emely McClure on Wednesday October 28, 2015. The Class Notes belongs to MASC 408 at Virginia Commonwealth University taught by Robert Dybing in Fall. Since its upload, it has received 15 views. For similar materials see /class/230627/masc-408-virginia-commonwealth-university in Mass Media Communication at Virginia Commonwealth University.

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Popular in Mass Media Communication




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Date Created: 10/28/15
Intellectual property Purpose of copyright and trademark laws What materials may be copyrighted original works in fixed medium Compilations Bene ts of copyright reproduction adaptations first sale public display and performance How copyright is acquired Length of copyright life 70 for people 120 from creation or 95 from pub for corps Must register to enforce Works done for hire Compulsory licenses Fair use purpose amount nature effect on market value Trademark A word or symbol identifying product or company Inherently distinctive Kodak or secondary meaning Apple Computer Must register trademark Dilution Loss by abandonment nonrenewal or nonenforcement of Violations Obscenity and Indecency No rst amendment protection for obscenity De nitions of Obscenity Prurient interest average person community standards work as a Whole Patently offensive ultimate sexual or excretory acts No social value reasonable person work as a whole Indecency broadcasting obscenity Pornography can be obscene or nonobscene Variable obscenity for minors display laws Child pornography 7 illegal criminal even if nonobscene Possession of obscene materials legal except for kiddie porn Prior restraints and seizures of obscene items only after due process rapid court hearing Criminal penalties for obscenity Indecency regulatory control over indecency on radio tv internet Some rst amendment protection for indecency print media and internet Broadcasting dirty words and pictures Punishment for broadcast indecency nes and loss of license Safe harbor for indecent tv and radio late night broadcasting Libraries may restrict access to porn Violence and pornography Voluntary regulation movie music video games Zoning and secondary effects Advertising Commercial Speech gt Only recently accorded First Amendment protection gt New York Times v Sullivan held that ads promoting politics were protected gt Virginia Pharmacy case held that pure ads were protected by First Amendment gt Government may always regulate false unfair and deceptive speech Central Hudson case established a 4part test for governmental regulation of advertising 1 Is the speech at issue true and not misleading 2 Does the government have a substantial interest in regulating the speech 3 Does the regulation directly advance that substantial interest 4 Is the regulation narrowly tailored TGAN Federal Trade Commission FTC enforcement injunctions consent decrees ceaseand desist orders corrective ads required disclosure RICO suits Children s TV Securities disclosures Right to refuse advertisingispam in Va Media and Judiciary Impartial jury may know about crime or lawsuit Jury bias from confessions criminal records Speculation Illegal searches Eyewitness Remedies for pretrial publicity change of venue change of venire continuance severance voir dire sequestration admonition new trial xxxxxxxx Cameras in court Gag orders affecting litigants lawyers court officers Press rarely enjoined from publishing movant must show no fair trial Must evaluate nature of coverage other possible measures and effectiveness of gag order No postpublication punishment Access to courtrooms Discovery and traditionally open court proceedings Trials hearings jury selection motions jury deliberations Access to court records documents filed under seal Juror interviews Contempt power civil and criminal contempt Appeal first don t ignore court order even if mistaken Privacy Privacy theory became privacy law limited in scope No right to privacy as to public records Four torts and defenses Publication ofprivate facts First Amendment newsworthiness consent public records Intrusion and trespass if reasonable expectation of privacy bugging accompanying officials into private places public spaces False light 7 true facts portrayed inaccurately distorted or fictionalized Appropriation 7 using someone s name without consent for commercial purposes 7 the only privacy tort recognized in Virginia 7 look alikes soundalikes advertisements newsworthiness consent First Amendment VVV Intentional In iction of Emotional Distress 7 disfavored First Amendment Incitement by media 7 songs books magazines 7 rarely results in lawsuits or criminal charges Protection of News Sources Branzburg case no privilege for journalists subpoenaed to testify for grand jury No privilege for journalists who witness events No privilege for journalists as to noncon dential matters Lower courts adopt 3 part dissent in Branzburg for criminal case Journalists may be forced to testify only if They have infomiation of certain relevance to the case The information is not otherwise available There is a compelling interest for the information In civil cases journalists may not be forced to testify unless information is outcomedeterminative It is legal to execute a search warrant on a newspaper office assuming probable cause But prosecutors rarely seek search warrants absent urgent circumstances Prosecutors have developed strict guidelines for newspaper search warrants If a journalist promises confidentiality she may be sued if she breaches confidences Electronic Media Regulation FCC regulations process 7 affects airwaves satellites cable TV How regs are made notice of proposed rulemaking hearings adoption Broadcast regulation because I Limited electromagnetic spectrum I Broadcast media are pervasive available everywhere Without regs kids would be exposed to harmful content Broadcast media considered to have greater in uence on audiences than other media also concerned with children passive information v active information through print media Indecency can be regulated on broadcast TV and radio P 522 sexual expression not appropriate for kids on broadcast TV and radio Indecency does not relate to print media or internet Licenses for radio TV Diversity local ownership favored No licensing for newspapers Section 315 FCC regulates political access equal oppty for quali ed candidates in elections not primaries Most favored nation status Legally qualified candidates must request time gt No censoring political messages and no station liability for defamation gt Federal candidates must have reasonable access to broadcast media gt News exception if candidates newsworthy or if candidates debate gt Applies to broadcast media and cable Stations may editorialize FCC regulates Public Radio and Public TV 7 no ads may announce names of sponsors Kids programming limited ads per halfhour Required kids educational TV FCC v Pacifica Foundation 438 Us 726 751 1978 What are the statutes and rules regarding the broadcast of obscene indecent and profane programming Title 18 of the United States Code Section 1464 prohibits the utterance of any obscene indecent or profane language by means of radio communication Consistent with a subsequent statute and court case the Commission s rules prohibit the broadcast of indecent material during the period of 6 am and 10 pm FCC decisions also prohibit the broadcast of profane material between 6 am and 10 pm Civil enforcement of these requirements rests with the FCC and is an important part of the FCC39s overall responsibilities At the same time the FCC must be mindful of the First Amendment to the United States Constitution and Section 326 of the Communications Act which prohibit the FCC from censoring program material or interfering with broadcasters free speech rights What makes material obscene Obscene speech is not protected by the First Amendment and broadcasters are prohibited by statute and regulation from airing obscene programming at any time According to the US Supreme Court to be obscene material must meet a threeprong test 1 an average person applying contemporary community standards must nd that the material as a whole appeals to the prurient interest ie material having a tendency to excite lustful thoughts 2 the material must depict or describe in a patently offensive way sexual conduct specifically defined by applicable law and 3 the material taken as a whole must lack serious literary artistic political or scienti c value The Supreme Court has indicated that this test is designed to cover hard core pornography What makes material indecent Indecent material contains sexual or excretory material that does not rise to the level of obscenity For this reason the courts have held that indecent material is protected by the First Amendment and cannot be banned entirely It may however be restricted to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience The FCC has determined with the approval of the courts that there is a reasonable risk that children will be in the audience from 6 am to 10 pm local time Therefore the FCC prohibits station licensees from broadcasting indecent material during that period Material is indecent if in context it depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium In each case the FCC must determine whether the material describes or depicts sexual or excretory organs or activities and if so whether the material is patently offensive In our assessment of whether material is patently offensive context is critical The FCC looks at three primary factors when analyzing broadcast material 1 whether the description or depiction is explicit or graphic 2 whether the material dwells on or repeats at length descriptions or depictions of sexual or excretory organs and 3 whether the material appears to pander or is used to titillate or shock No single factor is determinative The FCC weighs and balances these factors because each case presents its own mix of these and possibly other factors What makes material profane Profane language includes those words that are so highly offensive that their mere utterance in the context presented may in legal terms amount to a nuisance FCC warns broadcasters that depending on the context it would consider the FWord and those words or variants thereof that are as highly offensive as the FWord to be profane language that cannot be broadcast between 6 am and 10 pm The Vchip is a technology built into your television set that allows you to block television programming you don t want your children to watch The FCC requires all new television sets manufactured on or after January 1 2000 that are 13 inches or larger to contain the V chip FCC cannot censor but may ban hoaxes may require educ programming Cable TV 7 local monopolies franchised by states or cities To induce Cable TV cos To make big investments in infrastructure Cable stations must carry local stations otherwise would kill out broadcast TV and radio Cable stations must sell content HBO to satellite and other providers No free ads free air time etc 7 prevents corruption No fairness doctrine anymore Internet is generally unregulated


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