Comm Law Test 3: Cases

Front 1

Burrow-Giles Lithographic Co. v. Sarony

Back 1

Photographs are copyrightable

Front 2

Feist Publications, Inc. v. Telephone Services Company

Back 2

Names and addresses put alphabetically in a phone book are not copyrightable

Front 3

Eldred v. Ashcroft

Back 3

Copyrights can constitutionally be limited to life+70 years for an individual or 95-120 years for a business.

Front 4

Community for Creative Non-Violence v. Reid

Back 4

Independent contractors aren't employees like the sculptor Reid.

Front 5

Harper & Row, Publishers, Inc. v. Nation Enterprises

Back 5

Nation violated copyright of Harper & Row by publishing Ford's stolen memoirs.

Front 6

New York Times Company v. Tasini

Back 6

It is considered infringment when businesses republish a freelancer's work online.

Front 7

Quinto v. Legal Times of Washington, Inc.

Back 7

Copyright plaintiff must prove that the works are substantially similar as in this case where 92% was copyrighted.

Front 8

Sony Corporation of America v. Universal City Studios

Back 8

Betamax was lawful because SONY didn't intend for it to be infringing.

Front 9

Shepard Fairey and the Associated Press Settlement

Back 9

Obama poster wasn't transformative enough.

Front 10

Campbell v. Acuff-Rose Music, Inc.

Back 10

2 Live Crew's parody was fair use because it was sufficiently transformative.

Front 11

Wainwright Securities, Inc. v. Wall Street Transcript Corp.

Back 11

Summaries of commercial reports infringe on copyright.

Front 12

Roth v. United States

Back 12

(1957) Punishing obscenity is constitutional because Roth's obscene book, circular, and ad made no contribution to the exposition of ideas of truth.

Front 13

Miller v. California

Back 13

Foundation case for obscenity. 1. Prurient Interest 2. Patently Offensive 3. Lacks Social Value

Front 14

Regina v. Hicklin

Back 14

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.

Front 15

Ginsberg v. New York

Back 15

Sam Ginsberg was selling "girlie" magazines to minors. While they were not obscene for adults, they were for minors.

Front 16

New York v. Ferber

Back 16

Ferber was convicted for selling two films of boys masturbating to an undercover police.

Front 17

Ashcroft v. Free Speech Coalition

Back 17

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.

Front 18

Ginzburg v. United States

Back 18

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.

Front 19

United States v. Williams

Back 19

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.

Front 20

Hamling v. United States

Back 20

advertising brochures including explicit photographs of heterosexual and homosexual intercourse, fellatio, cunnilingus, masturbation, and group sex were patently offensive.

Front 21

Pope v. Illinois

Back 21

Social value in the three-part Miller test should be decided by a reasonable person rather than an average person.

Front 22

Stanley v. Georgia

Back 22

It's constitutional to possess sexual materials in the home.

Front 23

United States v. Reidel

Back 23

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.

Front 24

Osborne v. Ohio

Back 24

It is unconstitutional to POSSESS child porn.

Front 25

Paris Adult Theatre II v. Slaton

Back 25

Public theaters can be barred from showing obscene films.

Front 26

Lawrence v. Texas

Back 26

Sodomy is private and cannot be illegalized.

Front 27

Freedman v. Maryland

Back 27

Government agencies, not the theater owners or film distributors, have to prove that a film is obscene.

Front 28

Fort Wayne Books, Inc. v. Indiana

Back 28

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.

Front 29

FCC v. Pacifica Foundation

Back 29

FCC has power to punish broadcasters for airing indecent content. And the FCC can regulate the times of those broadcast.

Front 30

Action for Children’s Television v. FCC

Back 30

The FCC trying to limit indecency actions to programs containing the 7 dirty words was "unduly narrow."

Front 31

FCC v. Fox Television Stations

Back 31

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.

Front 32

Sable Communications v. FCC

Back 32

Dial-a-porn are indecent but not obscene and can be regulated but not banned.

Front 33

Wilkinson v. Jones

Back 33

Lower courts in Utah were unconstitutionally trying to bar cable stations from showing indecent content.

Front 34

United States v. Playboy Entertainment Group, Inc.

Back 34

Cable operators can show indecent material and notify subscribers that they can block the programs if they desire.

Front 35

Reno v. ACLU

Back 35

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.

Front 36

Ashcroft v. American Civil Liberties Union

Back 36

COPA was overbroad because it ruled that community standards be defined by geographic area.

Front 37

United States v. American Library Association

Back 37

CIPA is constitutional because libraries may restrict access to Internet material.

Front 38

City of Renton v. Playtime Theatres

Back 38

Zoning regulations are constitutional because it is time, place, manner regulation.

Front 39

Barnes v. Glen Theatre

Back 39

Indiana can constitutionally require nude dancers to wear pasties and G-strings.

Front 40

Rowan v. United States Post Office

Back 40

Mailing indecent material can be stopped if the addressee requests it from the USPS.

Front 41

Bantam Books, Inc. v. Sullivan

Back 41

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.