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41 Cards in this Set

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  • Back
Burrow-Giles Lithographic Co. v. Sarony
Photographs are copyrightable
Feist Publications, Inc. v. Telephone Services Company
Names and addresses put alphabetically in a phone book are not copyrightable
Eldred v. Ashcroft
Copyrights can constitutionally be limited to life+70 years for an individual or 95-120 years for a business.
Community for Creative Non-Violence v. Reid
Independent contractors aren't employees like the sculptor Reid.
Harper & Row, Publishers, Inc. v. Nation Enterprises
Nation violated copyright of Harper & Row by publishing Ford's stolen memoirs.
New York Times Company v. Tasini
It is considered infringment when businesses republish a freelancer's work online.
Quinto v. Legal Times of Washington, Inc.
Copyright plaintiff must prove that the works are substantially similar as in this case where 92% was copyrighted.
Sony Corporation of America v. Universal City Studios
Betamax was lawful because SONY didn't intend for it to be infringing.
Shepard Fairey and the Associated Press Settlement
Obama poster wasn't transformative enough.
Campbell v. Acuff-Rose Music, Inc.
2 Live Crew's parody was fair use because it was sufficiently transformative.
Wainwright Securities, Inc. v. Wall Street Transcript Corp.
Summaries of commercial reports infringe on copyright.
Roth v. United States
(1957) Punishing obscenity is constitutional because Roth's obscene book, circular, and ad made no contribution to the exposition of ideas of truth.
Miller v. California
Foundation case for obscenity. 1. Prurient Interest 2. Patently Offensive 3. Lacks Social Value
Regina v. Hicklin
Miller Test formally rejected this test that said offensive materials should be judged by the likely effect of the most offensive passages on the most vulnerable members of society.
Ginsberg v. New York
Sam Ginsberg was selling "girlie" magazines to minors. While they were not obscene for adults, they were for minors.
New York v. Ferber
Ferber was convicted for selling two films of boys masturbating to an undercover police.
Ashcroft v. Free Speech Coalition
Law can punish the creation, sale, and distribution of child pornography, but the Court struck down a portion of the Child Pornography Prevention Act of 1996 because it was overbroad.
Ginzburg v. United States
Ginzburg's publication, EROS, a hardbound magazine dealing with sex, featured some explicit material but also photographs described as outstandingly beautifula dn artistic. Nonetheless, the Court found an emphasis on prurent appeal in Ginzburg's promotional efforts.
United States v. Williams
Advertisers or solicitors of sexual materials can be punished as long as they believe they are offering illegal sexual materials or if they fraudulently offer legal materials they advertise as child pornography.
Hamling v. United States
advertising brochures including explicit photographs of heterosexual and homosexual intercourse, fellatio, cunnilingus, masturbation, and group sex were patently offensive.
Pope v. Illinois
Social value in the three-part Miller test should be decided by a reasonable person rather than an average person.
Stanley v. Georgia
It's constitutional to possess sexual materials in the home.
United States v. Reidel
While it's constitutional to possess obscene material in the home, that doesn't mean we have the right to distribute or receive obescene material.
Osborne v. Ohio
It is unconstitutional to POSSESS child porn.
Paris Adult Theatre II v. Slaton
Public theaters can be barred from showing obscene films.
Lawrence v. Texas
Sodomy is private and cannot be illegalized.
Freedman v. Maryland
Government agencies, not the theater owners or film distributors, have to prove that a film is obscene.
Fort Wayne Books, Inc. v. Indiana
Held that Indiana couldn't go through with prior restraints on possibly obscene films. However, officials may seize one copy of a book or film as evidence.
FCC v. Pacifica Foundation
FCC has power to punish broadcasters for airing indecent content. And the FCC can regulate the times of those broadcast.
Action for Children’s Television v. FCC
The FCC trying to limit indecency actions to programs containing the 7 dirty words was "unduly narrow."
FCC v. Fox Television Stations
The FCC can punish on a case-by-case basis when there's a single utterance of the F-word. Broadcasters must be given fair warning of what is considered indecent, though.
Sable Communications v. FCC
Dial-a-porn are indecent but not obscene and can be regulated but not banned.
Wilkinson v. Jones
Lower courts in Utah were unconstitutionally trying to bar cable stations from showing indecent content.
United States v. Playboy Entertainment Group, Inc.
Cable operators can show indecent material and notify subscribers that they can block the programs if they desire.
Reno v. ACLU
Communications Decency Act is unconstitutional because the Internet requires a user to take deliberate actions to find indecent material. Also, the internet doesn't have spectrum scarcity.
Ashcroft v. American Civil Liberties Union
COPA was overbroad because it ruled that community standards be defined by geographic area.
United States v. American Library Association
CIPA is constitutional because libraries may restrict access to Internet material.
City of Renton v. Playtime Theatres
Zoning regulations are constitutional because it is time, place, manner regulation.
Barnes v. Glen Theatre
Indiana can constitutionally require nude dancers to wear pasties and G-strings.
Rowan v. United States Post Office
Mailing indecent material can be stopped if the addressee requests it from the USPS.
Bantam Books, Inc. v. Sullivan
The R.I. Commission to Encourage Morality in Youth was an unconstitutional prior restraint when it tried to stop magazine and book distributors from selling books to minors.