Mass media Law 3

Copyright

A legal category of intellectual property that protects original works of authorship from unauthorized use.

Purpose of Copyright

To promote the progress of science and useful arts by securing exclusive rights to authors and inventors for their writings and discoveries.

Copyright Registration

Not required for ownership, but necessary if filing a lawsuit; creates a public record of the copyright.

Copyright Holders Rights

The rights to copy, distribute, adapt, perform, and display their works publicly.

Requirements for Copyright

Must involve expression, originality, and be in a tangible medium.

Can be Copyrighted

Works such as photos, stories, and compositions that contain expression rather than just facts.

Cannot be Copyrighted

Ideas, facts, procedures, and short phrases or slogans.

Copyright Duration

Generally lasts for the life of the author plus 70 years; for corporate authorship, it lasts for 95 years from publication or 120 years from creation.

Public Domain

Creative works to which no exclusive intellectual property rights apply.

Exclusive Rights

The limited-time rights secured by copyright that encourage creativity by providing economic incentives.

Fair Use Doctrine

Allows limited use of copyrighted material without permission for purposes like criticism, comment, news reporting, teaching, scholarship, or research.

Shield Laws

State laws that protect journalists from being forced to reveal their sources in court.

Branzburg v. Hayes (1972)

Supreme Court case ruling that journalists do not have a special privilege to refuse to testify about sources.

Freedom of Information Act (FOIA)

A law that allows the public access to government records, subject to certain exceptions.

Privacy Protection Act (1980)

Restricts the use of search warrants for news organizations to protect journalists' newsgathering functions.

Impartial Jury

A fundamental component of a fair trial that must be free from bias.

Remedies to Prejudicial Publicity

Measures taken to prevent juror bias, such as continuance, change of venue, or sequestering the jury.

Recording in Public Space

The right to gather news if it can be seen by passers-by, subject to certain limitations.

Tangible Medium

A physical form of expression capable of being reproduced or perceived.

Work of Authorship

Creative original work that qualifies for copyright protection.

Copyrightable Expression

Requires an original and creative arrangement of ideas that transcends mere facts or common expressions.

Public Access to Records

Rights surrounding the accessibility of governmental documents and meetings to the public.

Cohen v. Cowles Media Co. (1992)

Supreme Court case establishing that First Amendment does not protect journalists from breaching confidentiality agreements.