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83 Cards in this Set
- Front
- Back
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Trademark can be what 4 things
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word, name, symbol, device
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difference b/t trademark and service mark
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trademark-goods in commerce
service mark- services |
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an owner acquires a protectable property interest in the mark through _ and _.
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Registration, use
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what are the four categories of terms for trademark
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generic, descriptive, suggestive, arbitrary
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what type of trademark term merely describes a product
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descriptive terms
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terms that suggest rather than describe a product do not qualify for trademark protection T or F
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False
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A term name symbol or other device that has no bearing on a particular good
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arbitrary term
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Registration for a trademark lasts how long and can it be renewed without limit?
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10 years and yes
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T or F: Spider-Man may be registered as a trademark
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Only the name, not the movies, comic books or TV shows (copyright protection)
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what are the 5 elements to trademark infringement
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1. use of a reproduction etc of a mark
2. has to be in commerce 3. without the registrants' consent 4. in connection with SALE of GOODS 5. use is likely to cause confusion |
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4 of 8 test for confusion
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1. similarity of goods
2. evidence of confusion 3. defendant's intent 4. likely expansion of product lines |
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when are use of trademarks permitted? (3 things)
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news, commentary, advertising
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copyright limits and enhances what?
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freedom of expression
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T or F: Works of authorship include literary works as well as sounds recordings and architectural works
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True
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Does copyright protection include ideas, procedures, method of operation, concepts, principles or discoveries?
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No
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What are scenes a faire? Are they protected under copyright protection?
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elements of a story or characters that are common to a genre, no
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what is the absolute prerequisite of copyright?
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originality
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T or F: Only a small amount of originality is sufficient to qualify for copyright protection
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True
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Can facts be copyrighted
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NO
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Can factual compilations be copyrighted?
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Yes, if the authors selection and arrangement of the facts is sufficiently original
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What 2 things must the holder of copyright show to prove infringement?
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1. ownership of a valid copyright
2. unauthorized copying of the work by the defendant |
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What are the 5 elements of infringement?
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1. proof of copyright infringement
2. ownership of copyright 3. proof of copying 4. direct and circumstantial evidence of copying 5. substantial similarity |
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What kind of damages may be awarded for copyright infringment
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Actual- revenue- noninfringing expenses and profits
Statutory- money damages |
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T or F: Creators of visual works may claim authorship
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True
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What is a work made for hire
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someone who may be specially commissioned (on written agreement) as a contribution to a collective work
EX: photographs prepared to accompany a text written by another author |
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Duration of copyright for a single author?
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Life of the author plus 70 years
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Duration of copyright for works for hire?
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95 years from publication, 120 years from creation (whichever is shorter)
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How many copies of the unpublished and published works are required to register for copyright?
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1 copy of unpublished
2 copies of published |
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Use of another work for purposes such as criticism, teaching, research is considered?
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Fair use
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What are the 4 fair use factors?
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1. commercial vs nonprofit educational purposes AND transformative
2. fiction/factual AND published/not 3. How close it is to the original 4. Effect of use upon the potential market |
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What does the fair use 1992 amendment say
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the fact alone that a work is unpublished shall not be a finding of fair use
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2 elements to find if someone is liable for invasion of privacy
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1. one intentionally intrudes upon the solitude or seclusion of another or his private affairs (intentionally or otherwise)
2. the intrusion would be highly offensive to a reasonable person |
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Can someone be liable for intrusion even if the info gathered is not published?
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Yes (rear window)
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Can someone be liable for intrusion even if the information is true or harmless?
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yes
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Intrusion may be by _ means or by the use of one's _.
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physical (entering someones home), senses (peeking into a window)
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Expectation of privacy must be ?
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Reasonable
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T or F: Someone may be liable for intrusion for examining public records
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False, public records are fair game
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Could calling a person repeatedly and frequently be considered intrusion?
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Yes, calling someone 3 times could not
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T or F: What happens in public or can be perceived by people in public places is usually fair game
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True
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T or F: Some states and federal bills limit newsgathering in public places
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True
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T or F: Businesses have no privacy rights but may sue for trespassing
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True (private businesses may restrict newsgathering)
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Does bringing news reporters and into private homes with police violate anything?
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Yes, the Fourth Amendment (protects residents from unreasonable searches etc)
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Who is liable for police bringing news reporters into private homes?
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Police and the Press may be liable
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What 2 things must journalists do in order to accompany cops on a ride along?
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1. must say on public property
2. must get consent of the residents |
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Federal law allows a person to record a convo as long as ?
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one party consents (all but 12 states follow this rule)
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How many states prohibit unauthorized use or installation of cameras in private places
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13
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According to the FCC phone rule, broadcasters must...
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say when a conversation is being recorded for broadcast or is being broadcast live
-consent does not have to be given -dont have to when it is presumed that the conversation will be broadcast (radio stations) |
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T or F: All parties must be informed if a telephone conversation is recorded
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True
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T or F: Regulations govern phone companies and are not enforced by the government
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True, if a phone company finds that a tariff has been violated, it may terminate the customer's service
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Undercover posing for journalistic purposes may be liable for what 4 things?
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Fraud, trespass, breach of duty of loyalty, unfair competition
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T or F: The first amendment guarantees press a right of access to information not available to the public.
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FALSE
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T or F: It is illegal to give certain news organizations and not others special treatment.
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True (access must be nondiscriminatory)
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What act opens records of federal executive branch agencies to the public.
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US Freedom of Information Act (FOI ACT)
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T or F: Only records in possession or control of an executive agency are covered by the FOI Act?
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True
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What are the 9 exemptions to the FOIA
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national security
internal matters other statute trade secrets (deliberate privilege, privacy, law enforcement, banks, oil wells) |
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What does the 6th Amendment give the right to?
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A speedy and public trial, impartial jury, in the state and district where the crime was committed
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What are 3 parts of evidence excluded from a trial
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1 Accused person's prior record of convictions
2 Confessions unless after told he had the right to remain silent 3 Items seized in an unlawful search |
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What information may Department of Justice agents disclose? (DOJ)
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Defendants name, age, residence, job, marital status and similar info
Text of the charge Circumstances of the arrest (time place weapons resistance) |
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What information should DOJ agents not disclose?
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statements, admissions, confessions, or alibis attributable to the defendant
Investigative procedures (fingerprints) identity or testimony of witnesses evidence or arguments observations about the defendants character |
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To make sure there is no prejudice, what can be done (non related to news gathering)
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change of venue, removal of jury, shield witnesses
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Cures for prejudice (related to news gathering)
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restraints on publication and attorneys, closure of courtrooms or court records, restraints on cameras and other equipment
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What can be granted to put a restraint on publication?
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Prior restraint may be justified to protect a fair trial
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T or F: Attorneys are allowed to make out-of-court statements as long as they are true
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False, most states prohibit attorneys from making out-of-court statements they know or should know will prejudice a case
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What are the 2 guidelines to access to trials (guaranteed by the first amendment) (Step 1)
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1. is there an enduring and vital tradition of public access to a proceeding?
2. do the benefits of access outweigh the benefits of secrecy? |
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A proceeding (that is open to the public) may still be closed if the court? (3 things) (Step 2)
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1 if the court finds that there is a probability that a defendants right to a fair trial will be prejudice
2 if the court finds that closure would prevent publicity 3 if the court finds that alternatives to closure would not protect a fair trial |
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Right to inspect and copy court records is based on which law?
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common law, not the First Amendment
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If records are regularly public, can courts still close them for a good cause?
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yes
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T or F: "Good cause" to close a public record can mean to prevent embarrassment to a party.
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False
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actions occurring in or near the courtroom
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direct contempt
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out of court actions the judge believes may influence the administration of justice
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indirect or constructive contempt
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What deems an individual as having been disrespectful of the court, its process, and its invested powers?
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Contempt of court
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T or F: Something is deemed contempt if statements pose a clear and present danger to the administration of justice.
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True
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Does the Six Amendment ban cameras and electronic recording devices in the courtroom?
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No, but the First Amendment does not require courts to allow them.
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Defendants may win an order banning cameras if (what 2 things)
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News coverage has compromised the jury's ability to try him/her fairly
May deny due process (defendant must show more than juror awareness that the trial is likely to attract electronic coverage) |
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What is the conflict for reporter confidentiality?
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lose all confidential sources vs going to jail for contempt of court
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What was held in the Branzburg case
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that the benefits of reporting crime do not outweigh government interest in prosecuting crime.
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A reporter may be subpoenaed if: (what 3 things)
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1. there is a cause to believe that the reporter had information relevant to the crime
2. the information cannot be obtained by other means 3.there is a compelling and overriding need for the info |
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How many US circuit courts recognize some reporters privilege/ shield law?
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9 of 12
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T or F: The extent of reporters privileges vary widely from state to state
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True
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What do shield laws protect?
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Journalists from having to testify in some circumstances
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Is there a federal shield law?
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no
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What are the 3 questions to shield laws?
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Who is protected?
What is protected? How extensive is the protection? |
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A doctrine in which a non contractual promise may be made enforceable to avoid an injustice.
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Promissory estoppel
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