Media Law & Ethics Exam 3

17 U.S. Code § 506

Describes the criminal offenses associated with copyright violations

4 Aspects of Fair Use

1. The purpose and character

2. The nature of the copyrighted work

3. The portion of material that was copied

4. The effect of the potential marker for, or value of, the copyrighted work and related harm to the creator

idea-expression dichotomy

an idea is not copyrightable

Types of work eligible for copyright protection

1. Audiovisual works

2. Sound recordings

3. Written Works

4. Visual works

5. Video games and computer software

6. Dramatic works

7. Choreographic works

8. Pictorial, graphic, and sculptural works

9. Motion pictures

10. Architectural works

Transformative Doctrine

When you take copyrighted material and transform it into a new way, it will probably be fair use.

Parodies

Taking an original work and transforming it into something new and funny. Generally protected by "fair use" doctrine

Purpose and character of use

-educational or commercial?

-transformative?

-Nonprofit?

Nature of the work

Copies? Fiction or Nonfiction? Informational or Creative?

Portion of Material

How much of the old work was taken? More matieral taken> less likely fair use

Copyright notice

Informs the public of the copyright, identifies the owner, and shows the first year of publication. No longer required under federal law.

Copyright Registration

Not required but provides legal advantages.

Works not eligible for Copyright Protection

1. Works that have not been fixed in a tangible form of expression (notation, video, etc needed)

2. Titles, names, short phrases, and slogans

3. Ideas, procedures, methods

4. Works consisting entirely of information that is common property

5. Works by the US government

Copyright and Privacy

Appearance in a video, image, or audio recording does not necessarily create a copyright for them. Invasion of privacy does not equate copyright infringement.

Publication Rights

No reproduction without publisher's permission.

All rights

Complete ownership of the creative work is sold

First Serial Rights

A right to use the story first before anyone else for one time only. After, the creator can sell it to someone else.

One-Time Rights

The publisher can offer the story one time only and with no guarantee that it will not be published elsewhere first.

Simultaneous Rights

A publisher buys the rights to publish material at the same time as other publishers.

Creative Commons License

Allows publishers/artists to retain copyright privileges while allowing others to copy and distribute their work. Mainly used online. Web users can download or use works without breaking laws.

Section 512 of Digital Millennium Copyright Act

Users may face liability for copyright-infringing posts, but the platforms do not.

Inducement Infringement

When a person takes actions to encourage infringement such as distributing a tool that can be used to infringe copyright.

Server Test

Courts consider whether the HTML instructions link the image directly from the computer where the image is stored.

Embedding

If the function on YouTube is allowed by creator, you can embed. If not, you have infringed on copyright laws

Secondary Infringement

If you are found responsible for encouraging, facilitating, or profiting from infringement, you may be liable.

Pell v. Procunier (1974)

Constitution does not guarantee public access to government records.

Limited and Qualified Federal Privilege

Press has a qualified right to access legislative proceedings and court trials.

Freedom of Information Act

Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy

FOIA Exceptions

National Security matters and law enforcement, as deemed by president.

Sunshine Laws

Law requiring agency meetings and decision-making process to be open to the public. One way of making agencies more accountable to Congress and the public.

mzineone who writes for, edits, manages, or produces a newspaper or

Journalist

One who writes for a news organization. This has changed to include web-based publications and blogging.

Shield Laws

state laws that protect journalists from having to reveal their sources.

Clery Act

Requires Univerisities to report crimes, sex offenders, assults, etc. Public crime log must be available.

Promissory Estoppel

If a person promises to do something, legal liability might ensure for someone's reasonable reliance on this promise.

Fraud

A deliberate deception intended to secure an unfair or unlawful gain

Misrepresentation

A false statement or lie that can render the contract void.

coercion

use of force to get someone to obey.

Intrusion

Unreasonable invasion on someone's privacy.

Subpoenas

legal documents that require a person to testify in a certain matter, or provide documents that are essential.

Grounds for closing courtrooms

1. Any party seeking closure must show overriding interest that is likely to be harmed.

2. The trial court must consider reasonable alternatives

3. Trial court must make adequate findings to support the closure

Juvenile Proceedings

Many states close hearings. Public access can be restricted if a judge finds that:

Public access could harm the child or interfere with a fair trial, the harm outweighs the public interest in an open trial, or there are no alternatives.

Cameras in the Courtroom

Most federal district courts banned. SCOTUS does not allow. State courts generally allow if trial judges allow.

Computers in the Courtroom

Local courts vary, federal courts prohibit.

Tweets from court

prohibited during criminal proceedings.

Gag Orders

legal restrictions prohibiting the press from releasing preliminary information that might prejudice jury selection

Alternative to gag orders

Roth-Morris Test (1957-

Obscenity Law.

Miller Test

The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as a whole lacks serious literary, artistic, political, or scientific value.

Zoning

Method to regulate obscenity by distancing adult stores, clubs, etc.

Nitke v. Gonzalez

challenged the obscenity provisions of the Communications Decency Act as overly broad and vague under the First Amendment, but the courts upheld the law, allowing community standards to govern online content