3-22/3-24-2016 Notes MC 401
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This 4 page Class Notes was uploaded by Meagan Mowery on Sunday April 3, 2016. The Class Notes belongs to MC 401 at University of Alabama - Tuscaloosa taught by Bunker in Summer 2015. Since its upload, it has received 20 views. For similar materials see Law and Regulation in Journalism and Mass Communications at University of Alabama - Tuscaloosa.
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Date Created: 04/03/16
3/22/2016 Physical Harm cases MEDIA ALMOST ALWAYS WINS THESE CASES Types of Physical Harm Cases Harm to Self st – Hustler case: Hustler wins. Article was protects by 1 amendment rights, This article did not insight on anyone to do these things, even said in the article watch out don’t try this at home) -- Ozzy Osborne (Wrote a song that says suicide isn’t a bad thing and one of his fans actually commits suicide) -- Judas Pius (Wrong a song in favor of suicide, fan commits suicide, Judas Pius was actually very sad about it. Harm to Others – Paducah, Ky. School shooting (killed several students, had actually got his tactics from video games, led to this guy actually killing a lot of people… sues a bunch of producers and etc.,), Grand Theft Auto case (Fayette, AL, shooting people stole cop cars) General rule is no liability – why? BUT see Rice v. Paladin Enterprises case (1997) -- This is one of the few that wet the other way. -- Hires guy to kill the wife and child. -- Read a book call Hit Man: by Paladin enterprises. -- Entire book on how to murder someone… “Aiding and abetting” civil claim trumps first Amendment in this outlier case -- Paladin Enterprises lost. -- Still copies floating around, but got rid of what they had. -- Wrote a check for them Intellectual Property Generiside: if you’re not careful, you can lose your trademark. Copyright -- Trademark -- Definition: any word, name, symbol, or device used to distinguish one product/service from another. -- Trademarks are valuable! (Coke) -- Main source of federal law on trademarks in Lanham Act Patent --Invention, etc. Trade Secrets -- businesses can protect secrets… example: ingredients; customer lists. Sue them if they steal anything. Right of Publicity --Right to your image. Commercially use your image. Celebrities especially. Registering a trademark: -- (1) Priority – get there first -- (2) Continued use (and renewal) -- Test infringement: -- “Likelihood of confusion” Trademark continuum: -- highly protected: Fanciful (Made up words: Verizon, Lexus, etc.) or Arbitrary (Word doesn’t hook up with the objects at all: Apple) -- Somewhat protected: suggestive -- Less protection: Descriptive or Generic -- Descriptive marks can acquire: “secondary meaning” (Not good at all: The Golf Channel; TERRIBLE. Competitors could have a very similar name and still get away with it because it is what it is) CNN: Secondary Meaning we know their secondary meaning. KFC: Terrible name, get better with it through secondary meaning. 2/24/2016 -- Newer federal claim: Trademark Dilution -- Only applies to famous trademarks -- Confusion is irrelevant -- Based on diminishing the power/magnetism of a famous mark Copyright Basis in U.S. Constitution, art. I., sec. 8 Congress has power “to promote the Progress of Science and the Useful Arts, by securing for limited Times to Authors and Inventors [certain exclusive rights] Copyright is not a natural light – it’s an incentive to creativity (for the public good) Applies to literary artistic works, primarily. How do you get a copyright? Fix the work in a tangible medium (semi-permanent form) Not based on registration or other formalities What is not copyrightable? (Can be copyrighted) Idea/Expression dichotomy (Cant be copyrighted) -- Movies Fact/Expression dichotomy -- Public events (Brussels attacks) Types of Copyrightable Works Individual works (painting, song, etc.) Compilations – individual, noncopyrightable elements combined into a copyrightable whole (selection in arrangement) Ex: A book about fine dining in Tuscaloosa. A little bit of thinking into this. Derivative works – translating work into another genre, etc. Harry Potter the book becomes Harry Potter the movie. Should I do registration or notice? Neither are required by law, but both have benefits Registration – jurisdiction in fed. Court; statutory damages ($750 to $30,000 don’t have to prove anything, the court gives you this money); attorney fees (Steal something, pay for the other persons lawyer also. Make the other side pay for your lawyer); “on record’ as the owner. [Copyright.gov.] (Have to register around the time you made it) Notice: Copyright Matthew D. Bunker 2016 Notice alerts others you are serious about protecting work. Copyright’s bundle of rights Duplication (You and only you can make copies) Distribution (Only you can sell these products or authorize someone else to) Derivative works – adaptions (Make it, authorize someone else to make the book, movie, etc.) Performance (musical works, stage plays, etc.) Display (fine art) Length of Copyright Term Human author – life plus 70 years Corporate author – 120 years from creation
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