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Media Law Final
Terms in this set (51)
United State v One Book Called Ulysses
Book was broken up into parts and published in a magazine, a chapter was published with a masturbation scene. At the time, obscenity was defined as anything that can corrupt young people's minds.
Burstyn v Wilson
Plaintiffs film was revoked because it was deemed "sacrilegious", the statute that allowed for this was deemed unconstitutional.
Roth v U.S.
Plaintiff mailed sexually explicit advertisements and a book to requesters.
Ginsberg v New York
Plaintiff sold "girlie magazines" to minors, which was illegal under a state statute.
Stanley v Georgia
Plaintiff's house was searched with a warrant, pornographic material was found and seized. The seizure was unable to hold up in court.
Miller v California
Plaintiff was arrested for sending brochures advertising sexually explicit material. 5 were sent to a restaurant.
Jenkins v Georgia
Plaintiff was sued for showing a movie with nudity
Hamling v United States
Plaintiff published graphic depictions of various sexual acts depicted in a presidential report.
FCC v Pacifica Foundation
After a warning, the defendant broadcasted a monologue that included sensitive language.
New York v Ferber
Defendant sold material that showed children engaged in sexual activities.
Pope v Illinois
Police detectives bought magazines at an adult bookstore, causing the owners to be arrested.
Skywalker Records, Inc v Navarro
Plaintiff sought reversal of a statue that a musical recording was obscene.
Ashcroft v Free Speech Coalition
Plaintiff created virtual representations of child pornography.
CBS v FCC
Plaintiff was sued over airing Janet Jacksons "wardrobe malfunction".
FCC v Fox Television Inc.
Plaintiff issued notices of liability to the defendant for airing an acceptance speech that had an expletive.
AP v INS
Plaintiff filed a bill to restrain the pirating of their news from bulletin boards by defendant.
Rosemont Enterprises v Random House
Defendant was publishing an unauthorized biography that used articles bought by the plaintiff.
Time Inc. v Bernard Geis Associates
A book published by the defendant contained "sketches" of parts of a film that was owned by the defendant
Sid and Mary Krofft Production v. McDonalds
Characters were interpreted in an advertising campaign without permission.
Miller v Universal City Studios
Reporter covered the story of a kidnapping. The facts of the story were used to make a movie
Triangle Productions v Knight Ridder
Defendant developed a similar product to the plaintiff and were sued for copyright
Universal City Studios v Sony Corp of America
Defendant created a device that recorded TV shows, plaintiff sued
Harper & Row v Nation Enterprises
Former president contracted plaintiff to publish his memoirs, an undisclosed source gave the information to the defendant, who published the information.
Salinger v Random House
a biographer of a renowned author used his subject's unpublished letters.
Basic Books v Kinko's Graphics Corp.
Defendant photocopied pages from the plaintiff's book without paying.
A&M Records Inc. v Napster
18 record companies combined to sue defendant over their music sharing site
Recording Industry of America v Diamond Multimedia Systems
Plaintiff argued that the defendants recording device violated Audio Home Recording Act of 1992
New York Times Co. v Tasini
Freelance authors filed suit against database publishers who published their articles without their permission.
Eldred v Ashcroft
Plaintiff challenged the copyright clause's retroactive power, stating that after a "short interval" works should fall in the public domain.
Petrella v MGM
Daughter of famous boxer sued for copyright infringement 7 years after it had occured.
Red Lion Broadcasting v FCC
Plaintiff challenged the application of the fairness doctrine with respect to a particular broadcast.
Branch v FCC
Political candidate challenges the defendants decision that the station which employs him would be required to provide "equal time" to his political opponents
Syracuse Peace Council v FCC
Plaintiff filed a complaint saying a station was not broadcasting any conflicting points of view. The station was given 20 days to present a plan on how the station was going to meet the requirements of the Fairness Doctrine.
Colgate Palmolive v FTC
The defendant issued a complaint against respondents charging that their shaving cream commercials were false and deceptive.
1. The perspective of evaluation was that of an ordinary, reasonable person
2. Community standards of acceptability were used to evaluate the work
3. Works were taken as a whole
1. Is it porn?
2. Does it actually show sex?
3. Does it have value?
Changed "average person" to "reasonable person"
Provides a statutory right of access to records possessed by federal government agencies.
What is FOIA
1. National Security Matters
2. Housekeeping Materials
3. Material exempted by a statute
4. Trade Secrets
5. Working Papers and Lawyer Client privleged documents
6. Personal privacy files
Six catergories of documents that are exempted from FIOA
Allows for exclusive right, often seen in the context of education, parody, or criticism
fair use clause of the 1976 Copyright Act
1. Purpose and character of the use
2. Nature of Copyrighted work
3. Amount and kind used relative to the whole
4. Effect on potential market
4 elements of the fair use doctrine
Life of the author plus 50 years
Length of copyright protection of a single authors work under Copyright Act of 1976
Life of the author plus 70 years
Length of copyright protection of a single authors work under current Copyright laws
Ideas are not copyrightable (like the plot to a story), expressions of ideas (like the actions and names of characters) are copyrightable
Ideas v expressions of ideas
The equal time rule requires radio and television stations and cable systems which originate their own programming to treat legally qualified political candidates equally when it comes to selling or giving air time. Required "free time" to be given
Political "equal time" rules
A fact that is important, significant or essential to a reasonable person.
an exaggeration or statement that no reasonable person would take as factual
Words used in advertising that are intentionally ambiguous or misleading
1. Substantial state interest
2. Advances the state interest
3. be narrowly drawn, no more extensive than is necessary to serve the interest of the state
Elements of the Central Hudson test
1. Change of venue
2. Change of venir
5. voir dire
7. judicial admonition
8. new trial
Remedies of the Sheppard case
Doctrine that imposes affirmative responsibilities on a broadcaster to provide coverage of issues of public importance that is adequate and fairly reflects differing viewpoints.
Sets with similar terms
Media Law Final
Media Law 3
chapter 9- obscenity & indecency
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