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78 Cards in this Set
- Front
- Back
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What must a copyright infringement plaintiff prove?
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Access, substantial similarity and the type of infringement.
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Performing Rights License
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Acquire from performance organizations (ASCAP, BMI, SESAC)... gives you the underlying composition to play the original music, profits the song writer
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Synchronization License
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Direct negotiation with music publisher, allows for use of music in a motion pic, TV show, commercial, etc, just not the specific recording (Like Beyonce as Etta James... need this license for the lyrics, and a mechanical for original composition.)
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Master Use License
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To perform special recordings, acquired from the copyright owner.
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Compulsary License
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Media pays royalties, an exemption from copyright fees
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Appropriation
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Unauthorized commercial use of another's name/likeness, leading to shame/humiliation or loss of commercial property.
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Indiana Statute 32-36-1-8
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Right of Publicity Statute, State is headquarters of CMG- deals w/ right of publicity for deceased personalities.
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4 Fair Use Prongs
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1. Purpose and character of use
2. Nature of use 3. Amount and substantiality of portion used 4. Effect on plaintiff's potential market |
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Obscenity
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Hard-core porn that is not constitutionally protected. It is illegal as it does not add anything to the marketplace of ideas.
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GA Obscenity Statute 16-12-80
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Describes obscene material as prurient interest, lacking social value as a whole, and patently offensive.
Includes pandering. 2 defenses in the statute to obscenity: education or authorized by a medical practitioner. |
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Indecency
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Merely offensive material, like saying "f---" in front of kids, that is constitutionally protected. It can be limited in some mediums, depending on context, which is critical.
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1973 Miller Test
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1. Prurient Interest (average person, community standard, minors, variable obscenity, child exploitation, pandering, atypical tastes)
2. Patent offensiveness (biggest deal in determining cases, by state) 3. Lacking social value as a whole (reasonable person) |
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FCC Broadcast Policy on Indecency (after Action case)
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1. Explicit/ Graphic Nature
2. Persistent Repetition 3. Pandering |
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Cable
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Diverse channels, invited into the home, can transmit indecency, subscribers pay, 10-15% leased access, PEG channels
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1902 Roberson v. Rochester Folding Box Co.
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Girl on flour box, brought up the question of appropriation in Court.
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1905 Pavesich v. New England Life Insurance
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GASC first recognized commercial appropriation as a violation of a right to privacy.
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1969 Manville v. Borg-Warner Corp.
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Pic ran in a laundry-ad, not as a news story like the man was told.
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1979 Hirsch v. S.C. Johnson & Son
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Football player's nickname "Crazylegs" was used in a women's shaving gel commercial.
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1983 Carson v. Here's Johnny Portable Toilets, Inc.
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Same phrase used for the company was the opening line to Johnny Carson's show.
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1980 National Bank of Commerce v. Shaklee Corp.
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Heloise Bowles, identity appropriated to endorse products.
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1983 Onassis v. Christian Dior
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Look-alikes in commercial use are deceptive and promote confusion.
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1992 Midler v. Young and Rebicam & 1993 Waits v. Frito-Lay, Inc.
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In California, you cannot imitate a distinctive voice to sell a product.
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Brinkley v. Casablancas 1981
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Used Brinkley's image on posters w/out consent, trading on her good looks and popularity.
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1989 Benavidez v. Anheuser- Busch, Inc.
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A corporate documentary that builds goodwill, but doesn't advertise a product, is okay.
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2013 Bullard v. MRA Holding LLC.
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Girls gone wild appropriate case
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1884 Burrow-Giles Lithographic Co. v. Sarony
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Photographs are copyrightable.
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1991 Feist v. Telephone Services Co.
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Name and addresses alphabetically listed in a phone book are NOT copyrightable (unlike the Yellow Pages).
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2003 Eldred v. Ashcroft
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Copyright can constitutionally be limited to life + 70 years for an individual. For a business it can be limited to 95 years from the date of publication and 120 years from the date of creation.
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1989 Community for Creative Non-Violence v. Reid
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Independent contractors are NOT considered employees.
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1993 Playboy Enters, Inc. v. Frena
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Unauthorized use of photos are a copyright infringement.
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1985 Harper and Row Publishers v. Nation
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Nation scooped competitor (in bad faith) by publishing the heart of unreleased Ford memories, lowering the Times market value.
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2001 New York Times v. Tasini
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It's infringement for a business to republish a freelancer's work online.
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1981 Quinto v. Legal Times of Washington
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92% of the work was copr, copr plaintiff must prove that the works are substantially similar.
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1984 Sony v. Universal City Studios
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Betamax- Ok bc Sony did not intend for infringement.
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2011 Fairey v. AP
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Obama "Hope" poster wasn't transformative enough. AP won.
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AP v. Meltwater
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AP won, no fair use, not transformative, took heart of story by rigging the ledes.
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1996 Campbell v. Acuff-Rose Music
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2 live crew parody, fair use bc even though it took the heart of the song, it was sufficiently transformative.
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1978 Wainwright Securities, Inc. v. Wall Street Transcript Corp.
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Summaries of commercial reports infringe on copyright.
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1957 Roth v. U.S.
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Obscenity is unconstitutional, making no contribution to the marketplace of ideas.
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1973 Miller v. California
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Foundation case for obscenity after obscene mass mailing campaign. Led to the Miller Test
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1868 Regina v. Hicklin
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Offensive materials judged by most offensive passages on most vulnerable members of society.
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1968 Ginsberg v. NY
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Developed variable obscenity. What is obscene to minors, might not be to adults.
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1982 NY v. Ferber
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sold child pron to cops illegally, to be in possession of and distribute child porn is illegal.
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2002 Ashcroft v. Free Speech Coalition
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Law can punish creation, sale, and distribution of child porn, struck down part of 1996 Child Porn Prevention Act
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2009 Connection Distributing Co. v. Holder
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Congress can regulate records of those creating and distributing sexually explicit images.
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1966 Ginzberg v. U.S.
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Pandering... materials themselves do not have to be obscene, it's all about how you market them.
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2008 U.S. v. Williams
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Offers by advertiser's/ solicitors to receive or distribute child porn are unprotected by the Constitution.
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1966 Miskin v. NY
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Material that appeals to the atypical person is obscene.
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Hamiling v. U.S.
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Advertising brochures w/ sexually explicit pics that were patently offensive.
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Pope v. Illinois
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Social value is determined by a reasonable person.
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Stanley v. Georgia
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constitutional to possess obscenity in the home.
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Paris Adult Theatre II. v. Slaton
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public theaters can be barred from showing obscene films.
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U.S. v. Reidel
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You're allowed obsceneity in the home, but you're NOT allowed the right to distribute/receive obscene material.
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Osborne v. Ohio
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Unconstitutional to possess child porn.
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Lawrence v. Texas
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Sodomy is private and can't be illgalized
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U.S. v. Extreme Associations
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privacy rights of willing adults are NOT violating federal laws that prohibit distribution of obscenity.
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Freedman v. Maryland
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Gov't agencies, not theater owners/film distributor's, have to prove obscenity.
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Fort Wayne Books, Inc. v. Indiana
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Unconstitutional for Indiana to put prior restraints on sexual material with potential for obscenity... They may seize 1 copy of book/play as evidence.
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Alexander v. U.S.
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A1 allows gov't to seize a defendant's entire business, including protected materials, after a racketeering competition.
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Red Lion v. FCC
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Gov't uses teh FCC to allocate and regulate broadcasts because the electromagnetic spectrum is a scarce resource.
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FCC v. Pacifica Foundation
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FCC has power to punish broadcasters for airing indecency outside of the safe harbor. Rationale: intrusive and applicable to children.
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Action for Children's TV v. FCC
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Found initial 7 dirty words policy poor.
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FCC v. Fox TV Trainers
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May punish on case-by-case basis like w/ single utterances of the F-word, but they must give the broadcaster's fair notice of what's indecent.
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Broadcast Decency Enforcement Act
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$325,000
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Sable Communications v. FCC
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dial-a-porn is indecent, it can only be regulated, not banned.
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Wilkinson v. Jones
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Lower courts tried to ... indecency cannot be banned on cable!
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U.S. v. Playboy Entertainment Group, Inc.
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cable operators can air indecency if they notify subscribers a bout blocking technologies.
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Denver Area Educational Telecommunications Consortium, Inc. v. FCC
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Leased access... segregation requirement unconstitutionally restricted sexual content on cable.
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Reno v. ACLU and CDA
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This case make the CDA unconstitutional.
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Ashcroft v. American Civil Liberties Union
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This case made the COPA unconstitutional... overbroad bc it ruled that community standards.
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U.S. v. American Library Associations
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Made the CIPA constitutional bc libraries may restrict what is viewed on computers.
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American Amusement Machine ASsociation v. Kendrick
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video games are a constitutionally protected form of storytelling
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Brown v. entertainment Merchants Association
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states have no power to restrict kids from ideas they are exposed to.
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City of Renton v. Playtime Theaters
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time, place, and manner regulations make zoning laws constitutional, 1000+ ft.
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Barnes v. Glen Theater
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INdiana can constitutionally require nude dancers to wear g strings-pasties. Cities may pan nudity.
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City of Erie v. USPO
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cities may ban nudity.
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Rowarn v. USPO
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Mailing indecent material can be halted if the address requires it from the USPS.
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Bantam Books v. Sullivan
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The R.I. commission to encourage morally in youth was an unconstitutional prior restraint when it tried to stop magazine and book distributors from selling to minors.
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