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44 Cards in this Set
- Front
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Recording Police |
US Appellate courts ruled there is a first amendment right to record police while they are preforming their duties to public
Glik v Cunniffe (first circuit, 2011) ACLU v Alvarez (Seventh circuit, 2012) |
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Disclosure of Private Facts |
In most states, plaintiff must show facts are newsworthy and do not shed false light |
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Gates v Discovery Communications (2004) |
Gates sued discovery for airing San Diego murder (12 years later) for which Gates was convicted for. Claimed program caused him to lose friends, his business, and his divorce
News and Entertainment may use truthful info lawfully obtained even when the info shows ill-will
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Cox Broadcasting v Cohn (1975) |
Rape victim Cynthia Cohn was identified in public records and Cox used her name is coverage of trial
Sued under Georgia law that made it illegal to publish the name of a rape victim
Ruled there is a constitutional right to publish truthful info obtained in most public records, and Cox was allowed to publish the name |
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Smith v Daily Mail (1999) |
Two WV newspapers published the name of juvenile minor who shot his classmate. Violated WV law to publish minor's name in preceding.
Court said the state may not impose criminal sanctions where the media disseminates name of criminal offenders |
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Time Inc v Hill (1967) |
James Hill and his family were taken hostage by 3 escaped felons. Later a book and movie was published with similar plot. Life published article saying the book was based on the family.
Hill sued for invasion of privacy.
Supreme court ruled person involved in a matter of public interest can not win false light privacy unless it shows the falsehood was published knowingly or with reckless disregard of the truth (actual malice standard) |
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Cantrell v Forest City Publishing (1974) |
Consequences of bridge collapse in Ohio River that kills 44
Reporters interviewed the children (minors) of Melvin Cantrell, but did not speak to the widow but implied they did in the article
Court upheld that the article contained falsehood and reckless disregard of the truth |
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Gill v Curtis Publishing |
Can be sued if legally obtained pictures have misleading or false captions |
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Carson v Here's Johnny Toilets (9th circ. 1983) |
Johnny Carson sued claiming he owned the line
Court ruled it was his brand name and no one else can use it
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Sinatra v Goodyear (9th circ. 1970) |
Nancy Sinatra sued for Goodyear using girls in cowboy boots and mini skirts in a commercial. She had popularized the look in these boots were made for walking.
Ruled it was not clear, and it was not her brand. |
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Midler v Ford Motor Company (1988) |
Midler sued after Ford used her hit song sung by someone very similar for their Mercury ad.
Midler won because people would likely believe she was singing in the ad |
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White v Samsung (9th circ. 1993) |
Samsung used a blond robot who clearly resembled Vienna White on the ad.
Court allowed it to proceed. |
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Cher v Forum International (9th circ. 1982) |
Cher gave an interview to a freelance reporter who then sold the story to Forum. Forum advertised the story in a way that implied an endorsement from Cher.
Court proceeded with claim. |
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Booth Rule |
Media may use previously published newsworthy materials in later advertising of publication as long as no endorsement is implied |
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Zacchini v Scripps-Howard Broadcasting (1977) |
First amendment does not protect broadcaster from filming and broadcasting the entire act of a performer without consent |
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CA Celebrity Rights Act |
Allows the heir of the deceased celebrity to have rights to publicity for 70 years after passing |
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1998 Children's Online Privacy Act |
Limits the ability of children under the age of 13 to have email accounts without parental consent and requires those who gather data to deal with parents before dealing with them |
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Intercepting Mail |
Employer's can monitor email of employees making them exempt from Electronic Communications Privacy Act |
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Copyright |
Part of Federal Statutory Law
To encourage creativity |
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Remedies for Copyright Infringment |
Injunction Attorney's Fees Statutory Damages Actual Damages (actual loss)
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Proving Copyright Infringment |
"Substantial Similarity" between alleged work and original work
Infringer had access to pirated work
Copyright is valid and covers legitimate work |
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9th Circuit Standard Substantial Similarity |
Must be similar in specific expressive elements (plot, theme, mood, setting, characters, etc)
An ordinary audience will find the concepts similar
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Second Circuit Standard Substantial Similariy |
Defendent copied from plaintiff's copyrighted work and copying went so far as to constitute improper appropriation |
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1790 Initial Copyright Duration |
14 years and to be extended another 14 years |
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1976 Copyright Act |
Author's life plus 50 years
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1998 Sony Bono Copyright Term Extension Act |
Extended term to author's life plus 70 years or 95 years for anonymous |
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Compulsory Licensing |
Owners of musical works that have been performed publicly are required to grant anyone permission to make sound recordings of their work. A recording artist that makes the sound recording must pay royalties for each copy of recording that is sold
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Works Made for Hire |
If you create something on the job, your employer owns it |
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Fair Use Doctrine |
Four factors: -the purpose and character of the use, profit, or non profit educational use -the nature of copyrighted work -the percentage of total work used -the effect the use will have on the value or profit making potential of the original work |
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Time Inc v Bernard Geis Associates (1968) |
No right to copyright history
Time purchased copyrights of Zapruder film about Kennedy assassination.
Publisher of book used charcoal sketches of pictures from the movie.
Federal District Court ruled fair use |
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Harper & Row Publishers v The Nation Enterprises (1986) |
Time magazine was authorized to run an excerpt from President Ford's not-yet-published memoirs.
Nation scoops the story and published verbatum quotes from the memoirs.
Piracy hurt potential profits of the book. Court ruled it went beyond reporting and resembled piracy and was not in fair use. |
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Los Angeles News Service v KCAL TV (1997) |
LANS authorized several news stations to use tape of Rodney King beating, argued fair use because it was newsworthy.
Cut into KCAL's profits, so case was allowed to proceed |
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Fisher v Dees (1986) |
Dees changed lyrics to "When Sunny gets Blue" to "When Sonny Sniffs Glue"
Court ruled it was unmistakeably a parody and dismissed the case |
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Fairness in Music Licensing Act (1998) |
Exempts small retail establishments from paying royalties for playing copyrighted music |
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Sony Corp of America v Universal City Studio (1984) |
Home video taping is not necessarily copyright infringment |
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A&M Records v Napster (2001) |
said shared copyrighted materials between users constituted copyright infringement |
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MGM v Grokster (2005) |
copyright owners can sue companies who encourage consumers to share copyrighted files |
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NY Times Co v Tasini (2001) |
Freelancers own the electronic rights to their work unless they specifically assign those rights to their publisher |
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Lanham Act of 1946 |
governs slogans, logos, phrases, symbols and names under which businesses operate
Trademarks |
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Trademark Duration |
Valid for 10 years, must be reaffirmed in the first five, then renewed every 10 years |
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Two Pesos v Cabo Cabana (1992) |
Two pesos copied the decor of Cabo Cabana
Cabo Cabana had trademark and was "inherent distinct" |
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Walmart v Samara Brothers (2000) |
Can't use trademark protection by merely claiming your design was "inherently distinct" |
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Trademark Law Revision Act (1988) |
Can't falsely malign products
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Trademark Dilution Act of 1955 |
cant sue an infringer for "lessening the capacity of a famous mark to identify and distinguish goods"
"Enjoy cocaine" on Coca Cola poster |
