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48 Cards in this Set
- Front
- Back
Appropriation
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Using someone's name or likeness without consent for commercial purposes
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Publication of private information
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Information that is offense to the average or embarrassing to the person about whom it is written
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False light
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Representation of an individual in a false and highly offensive manner - only category that involves falsity
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Intrusion
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Invasion of a person's physical seclusion or private affairs
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Intentional infliction of emotional distress
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Outrageous conduct intentionally harming someone emotionally
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Cohen v. Cowles
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applied promisory estapol when person broke his promise to confidential source
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Hustler v. Falwell
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In order to win an emotional distress claim
1. parody or satire must be statement of fact, not opinion 2. False statement of fact 3. Person creating parody knew it was false |
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Trespass
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•intentional, unauthorized entry upon property of others
Person physically invades land or structures without consent of those who lawfully control the property |
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Open Meetings Laws
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Federal and state statutes that grant a public right of access to the meetings of deliberative governmental bodies, usually in the executive and legislative branches.
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Categories of invasion of privacy
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• Appropriation
• Intrusion • Publication of private information • False light |
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Right of Privacy
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Right not to be embarrassed, humilated or taken advantage of. The right dies with the individual.
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Right of Publicity
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Right of a person to profit from his or her own celebrity status - can be passed onto heirs
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“reasonable expectation of privacy" / zone of privacy
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Does not extend to any place where someone can see you from a public space
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Reporters and private property
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reporters must get permission before entering on private property, and no refusal is not consent
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Freedom of Information Act
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Information from governmental agencies was made public
exceptions are congress, federal courts, threats to national security, and exemptions by statute |
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Electronic FOIA
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applies FOIA to electronic records
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Federal Sunshine Act
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Meeting of 50 governmental agencies must be open to the public
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KQED v. Vasquez
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Execution was not allowed to be broadcast
Some are on closed circuit television, but not on normal broadcast |
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Sixth Amendment
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.
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Gag Order
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Restrictive court order directing attorneys, witnesses, or other trial participants not to discuss the case with media.
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Admonition
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Punishment under Scots law when an offender has been found guilty but is neither imprisoned nor fined but receives verbal discipline and is afterwards set free; the conviction is still recorded. This can be compared to an absolute discharge where a conviction is not recorded.
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Sequestration
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Keeping all of the jurors together during the course of a trial.
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Voir dire
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selecting a jury to make sure they have no biases
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Continuance
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A court order postponing a trial or other proceeding to a later time or day.
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Change of Venue
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Moving a trial to another location, often to avoid the effects of extensive media publicity.
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Subpoena
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A command, backed by legal authority, to appear at a designated time and place to give testimony that is deemed relevant to a legal proceeding.
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Forced Disclosure
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Legislation that requires individuals to surrender key pieces of information to law enforcement
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Reporter’s Privilege
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-A reporter’s privilege to withhold information may exist unless the government can demonstrate:
-probable cause to believe that the reporter has information clearly relevant to a specific violation of law. -that the information sought cannot be obtained by alternative means less destructive of First Amendment values, and -that there is a compelling and overriding interest in the information. |
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State Shield Laws
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-These are laws that give journalists special protection against having to provide subpoenaed information to authorities.
-About half the states have adopted shield laws, usually by statute. |
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Sheppard v. Maxwell
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Set boundaries for press in trial situations - reporters not allowed to be in front of the bar
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Richmond Newspapers v. Virginia
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pretrial procedings can be closed, but reporters must be allowed into criminal cases
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Chandler v. Florida
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Prescence of cameras do not inherently render trial unfair
Not a violation of rights to either allow or deny cameras Up to individual to file lawsuit |
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Branzburg v. Hayes (also in re Pappas & U.S. v. Caldwell)
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There is no shield law for media, they have no special privleges
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Irvin v. Dowd
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Irvind was indicted for the slaying of a person.
After a change of venue and multiple jurors that were biased in thinking he was guilty due to prejudice reasons He was finally sentenced to death |
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Press Enterprize
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A four-pronged test for selection of jurors
1. A substantial probability exists that overriding interests will be damaged for conducting the proceeding in public 2. No reasonable alternatives to closure would protect against danger 3. The reasons behind these conclusions are fully articulated as findings in the trial record. 4. The closure in no broader than necessary to protect the overriding interest |
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Copyright
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An intangible property right granted by federal statute to the authors of literary, musical, and pictorial works.
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Ownership
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life plus 70 years
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Infringement
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When one or more of the copyright exclusive rights are broken
1. Display publicly 2. Distribute publicly 3. Reproduce 4. Adapt 5. Perform publicly |
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Work made for hire
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In copyright law, a work of authorship created for an employer and owned by the employer from the moment of creation
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Public Domain
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In copyright law, a term applied to works that no longer have copyright protection and therefore may be used by the public without consent.
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Licensing Agreements
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An agreement on the sale of rights to use a copyrighted work or other form of created property
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International Protection
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No actual international protection, instead there is copyright agreements with the World Intellectual Property Organization (WIPO) and the Universal Copyright Convention (UCC)
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Moral rights
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artist controls name, changes to works
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Fair use doctrine
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Lets students, academics use copyrighted works for noncommercial purposes as long as the works are attributed
•Purpose and character of use •Nature of copyrighted material •Amount and substantiality of use •Economic impact of use |
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Trademark
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Sign or symbol used by company, org, to identify and distinguish itself
must be registered |
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Berne Convention
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An international agreement governing copyright. Whatever country the copyright product is formed in, is the country which copyright rules go hand in hand with the product.
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Sony Corp. V. Universal City Studios
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Sony was not liable for infringement because evidence showed the main use of the VCR was “time shifting” TV programs, a fair use and there was no intended illegal taping.
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A&M Records v. Napster
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Napster ruled a contributory infringer
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