Media Law Exam 3 Questions and Answers Graded A+
The source of law where copyright originates? - Answers The Constitution. "The congress shall have
power.. to promote the progress of science and useful arts, by securing for limited times and authors
and inventors the exclusive right to their respective writings and discoveries."
What copyright does and doesn't protect. - Answers Protects ONLY original expression, not facts or
ideas. Original works of authorship fixed in any tangible medium of expression.
What the Supreme Court established in Feist v. Rural telephone concerning the degree of originality
needed to qualify for copyright protection. - Answers Established relatively low bar for originality in
copyright - essentially that for a work to be original enough to be copyrightable, it must be only at least
more original than the listings in the phonebook.
How copyright law differs for freelancers as opposed to permanent employees. - Answers Employers
own the copyright on any works created as part of an employee's job description - employees may keep
the copyright on works that were not the direct result of their job description. Freelancers are seldom
considered employees, unless they sign 'work for hire' contractual agreement. (Does not automatically
lose their copyright on an original work they make, unless they sign the 'work for hire' agreement.)
When copyright begins - Answers It begins the moment a creative work is put in writing or otherwise
recorded, a tangible medium. (Technically, nothing more is required to have the copyright in one's
original expressions)
What notice and registration are in terms of copyright? - Answers Notice is not required but it is highly
advised. Registration through the U.S. copyright office, not required.
The three-part test for determining copyright infringement... - Answers Plantiffs must prove:
1:Originality- That the material is original enough to be legitimately copyrightable. 2:Access- tends to
depend on how widely available work in question was. 3:Substantial Similarity- where the most action
takes place. whether the person accused of copying copied it exactly or if it is different enough that it is
not substantially similar.
The four-part test for determining if a copyright infringement is a fair use and which part is specified as
the most important. - Answers 1: Purpose and Character of the use. 2: Nature of the copyrighted work
(if it is highly original, less fair use... less original, more fair use.) 3: Amount and substantiality of the
portion used. (the greater the amount of copying done, the less likely considered fair use). 4: Effect upon
the work's potential market (most important)
What the Supreme Court established can be considered a legitimate purpose of fair use in Campbell v.
Acuff-Rose - Answers Supreme court rules 2 live crew's raunchy parody of rock classic 'pretty woman'
has fair-use purpose. (established major precedent for even commercial parody as fair-use purpose)
why the concept of "Transformative Expression" is important? - Answers The copying must add
something new (an original form of transformative expression, meaning or message to which is copied)
,How trademark and copyright differ... - Answers Trademark: Protects NOT original expressions, but
rather marks established in commerce as distinctive. (Prevents competitors from unfairly capitalizing on
investment made to associate name with product/service.)
What does Trademark protect? - Answers Protects property value in words, symbols, etc. that are not
covered by copyright laws. (signs, titles, names, slogans, etc that businesses use to differentiate
themselves)
How Trademarks and Service Marks can be lost - Answers Trademarks can be lost at any time if you
don't regularly use it and defend it. Must be regularly maintained and defended otherwise it can be lost.
(Registration is highly advised to prevent losing)
Don Draper - Answers Figure dealing with advertising law. (Advertising is based on happiness - MadMen)
The huge difference in what the supreme court said about first amendment protection for advertising in
the Valentine v. Christensen and Virginia Pharmacy cases? - Answers Valentine V. Christensen (The
Supreme Court said "purely commercial" advertising had no constitutional protection.) Virginia
Pharmacy v. Virginia Citizens Consumer Council (Supreme Court said for the first time that advertising of
truthful information and entirely lawful activity is protected by the first amendment (most important for
advertisers))
Why the central Hudson test is so important and what each of its 4 parts does.. - Answers It Established
a four-part test for use in first amendment challenges to regulations on advertising (Most important to
consumers).
1: The speech is eligible for constitutional consideration (the most involved) Must be a truthful ad for a
lawful product or service. Must be commercial speech, Bolger V. Young.
2: Government has a substantial interest in the regulation. Relatively easier to show substantial interest.
3: The regulation directly advances that interest. Must show that the regulation clearly advances its
interest in the regulation. Courts have recently required advances evidence interest.
4: The regulation is sufficiently narrow (now broader than necessary)
What the important test established in Bolger v. Young's Drug Products and how it does that . - Answers
Important for establishing the test courts use to determine whether speech is commercial or political
when it contains both elements.
Example: Kasky v. Nike
What the basic powers are that the FTC has to regulate advertising. - Answers FTC- the most prominent
presence in the day-to-day regulation of advertising. Focuses on restricting both false and deceptive
advertising. More specifically, focuses on advertising that is most likely to be misleading a reasonable
, consumer with a material statement or omission of fact. The FTC also has the power to halt and/or alter
any deceptive ads.
What the FTC is primarily concerned with in its regulation of advertising. - Answers Focuses on
advertising that is most likely to be misleading a reasonable consumer with a material statement or
omission of fact. Ads can be deceptive if they contain either express falsehoods or create false
impressions.
The two part standard involved in that concern - the basic standard the FTC uses to determine when
deception occurs. - Answers implied falsehoods are more common. False meaning added to a truthful
advertisement.
Is the ad deceptive enough that it is likely to mislead a reasonable consumer?
Is the deception in the ad material to the purchasing decision- Is the misleading part, likely to affect the
consumers' decision to buy?
Example - Chicken commerical
The basics through which security communications can involve advertising and PR practitioners in fraud.
- Answers Securities and exchange commission enforces regulations that emphasize:Targeting fraud and
providing accurate information
Corporations that knowingly make false or misleading statements in securities communications commit
fraud. (Includes press releases and speeches.)
Requiring public corporations to make material information public (info that would be relevant to an
investors decision to buy or sell stocks or bonds) PR and ad professionals are often very involved in
communicating that type of info.
The basis for why the first amendment allows broadcast messages to be regulated in different ways
from other messages. - Answers The physical limitations of the broadcast spectrum justify government
licensing of broadcasters in public interest (Broadcast airways belong to the people, not the stations)
Non-broadcast media are not subject to regulation because they do not use public airways.
Examples: Bill Maher- HBO has no regulations because not on public airways
The source of law where copyright originates? - Answers The Constitution. "The congress shall have
power.. to promote the progress of science and useful arts, by securing for limited times and authors
and inventors the exclusive right to their respective writings and discoveries."
What copyright does and doesn't protect. - Answers Protects ONLY original expression, not facts or
ideas. Original works of authorship fixed in any tangible medium of expression.
What the Supreme Court established in Feist v. Rural telephone concerning the degree of originality
needed to qualify for copyright protection. - Answers Established relatively low bar for originality in
copyright - essentially that for a work to be original enough to be copyrightable, it must be only at least
more original than the listings in the phonebook.
How copyright law differs for freelancers as opposed to permanent employees. - Answers Employers
own the copyright on any works created as part of an employee's job description - employees may keep
the copyright on works that were not the direct result of their job description. Freelancers are seldom
considered employees, unless they sign 'work for hire' contractual agreement. (Does not automatically
lose their copyright on an original work they make, unless they sign the 'work for hire' agreement.)
When copyright begins - Answers It begins the moment a creative work is put in writing or otherwise
recorded, a tangible medium. (Technically, nothing more is required to have the copyright in one's
original expressions)
What notice and registration are in terms of copyright? - Answers Notice is not required but it is highly
advised. Registration through the U.S. copyright office, not required.
The three-part test for determining copyright infringement... - Answers Plantiffs must prove:
1:Originality- That the material is original enough to be legitimately copyrightable. 2:Access- tends to
depend on how widely available work in question was. 3:Substantial Similarity- where the most action
takes place. whether the person accused of copying copied it exactly or if it is different enough that it is
not substantially similar.
The four-part test for determining if a copyright infringement is a fair use and which part is specified as
the most important. - Answers 1: Purpose and Character of the use. 2: Nature of the copyrighted work
(if it is highly original, less fair use... less original, more fair use.) 3: Amount and substantiality of the
portion used. (the greater the amount of copying done, the less likely considered fair use). 4: Effect upon
the work's potential market (most important)
What the Supreme Court established can be considered a legitimate purpose of fair use in Campbell v.
Acuff-Rose - Answers Supreme court rules 2 live crew's raunchy parody of rock classic 'pretty woman'
has fair-use purpose. (established major precedent for even commercial parody as fair-use purpose)
why the concept of "Transformative Expression" is important? - Answers The copying must add
something new (an original form of transformative expression, meaning or message to which is copied)
,How trademark and copyright differ... - Answers Trademark: Protects NOT original expressions, but
rather marks established in commerce as distinctive. (Prevents competitors from unfairly capitalizing on
investment made to associate name with product/service.)
What does Trademark protect? - Answers Protects property value in words, symbols, etc. that are not
covered by copyright laws. (signs, titles, names, slogans, etc that businesses use to differentiate
themselves)
How Trademarks and Service Marks can be lost - Answers Trademarks can be lost at any time if you
don't regularly use it and defend it. Must be regularly maintained and defended otherwise it can be lost.
(Registration is highly advised to prevent losing)
Don Draper - Answers Figure dealing with advertising law. (Advertising is based on happiness - MadMen)
The huge difference in what the supreme court said about first amendment protection for advertising in
the Valentine v. Christensen and Virginia Pharmacy cases? - Answers Valentine V. Christensen (The
Supreme Court said "purely commercial" advertising had no constitutional protection.) Virginia
Pharmacy v. Virginia Citizens Consumer Council (Supreme Court said for the first time that advertising of
truthful information and entirely lawful activity is protected by the first amendment (most important for
advertisers))
Why the central Hudson test is so important and what each of its 4 parts does.. - Answers It Established
a four-part test for use in first amendment challenges to regulations on advertising (Most important to
consumers).
1: The speech is eligible for constitutional consideration (the most involved) Must be a truthful ad for a
lawful product or service. Must be commercial speech, Bolger V. Young.
2: Government has a substantial interest in the regulation. Relatively easier to show substantial interest.
3: The regulation directly advances that interest. Must show that the regulation clearly advances its
interest in the regulation. Courts have recently required advances evidence interest.
4: The regulation is sufficiently narrow (now broader than necessary)
What the important test established in Bolger v. Young's Drug Products and how it does that . - Answers
Important for establishing the test courts use to determine whether speech is commercial or political
when it contains both elements.
Example: Kasky v. Nike
What the basic powers are that the FTC has to regulate advertising. - Answers FTC- the most prominent
presence in the day-to-day regulation of advertising. Focuses on restricting both false and deceptive
advertising. More specifically, focuses on advertising that is most likely to be misleading a reasonable
, consumer with a material statement or omission of fact. The FTC also has the power to halt and/or alter
any deceptive ads.
What the FTC is primarily concerned with in its regulation of advertising. - Answers Focuses on
advertising that is most likely to be misleading a reasonable consumer with a material statement or
omission of fact. Ads can be deceptive if they contain either express falsehoods or create false
impressions.
The two part standard involved in that concern - the basic standard the FTC uses to determine when
deception occurs. - Answers implied falsehoods are more common. False meaning added to a truthful
advertisement.
Is the ad deceptive enough that it is likely to mislead a reasonable consumer?
Is the deception in the ad material to the purchasing decision- Is the misleading part, likely to affect the
consumers' decision to buy?
Example - Chicken commerical
The basics through which security communications can involve advertising and PR practitioners in fraud.
- Answers Securities and exchange commission enforces regulations that emphasize:Targeting fraud and
providing accurate information
Corporations that knowingly make false or misleading statements in securities communications commit
fraud. (Includes press releases and speeches.)
Requiring public corporations to make material information public (info that would be relevant to an
investors decision to buy or sell stocks or bonds) PR and ad professionals are often very involved in
communicating that type of info.
The basis for why the first amendment allows broadcast messages to be regulated in different ways
from other messages. - Answers The physical limitations of the broadcast spectrum justify government
licensing of broadcasters in public interest (Broadcast airways belong to the people, not the stations)
Non-broadcast media are not subject to regulation because they do not use public airways.
Examples: Bill Maher- HBO has no regulations because not on public airways
