Ch.12 Questions and Answers

Ch.12 Questions and Answers 13. How did the U.S. Supreme Court define obscenity in the Miller case? Defined with The Miller test which gauges whether a work: ●to the "average person, applying contemporary community standards" would find that it, taken as a whole, appeals to the prurient interest. ●Depicts or describes sexual conduct specifically defined by applicable state law in a patently offensive way ●Lacks serious literary, artistic, political, or scientific value 14. What is the legal difference between pornography and obscenity? Indecency? Obscenity: A legal term Not protected under the First Amendment Prohibited, by statute and regulation, from being aired at any time. Pornography: Not a legal term Protected under the First Amendment Subject to zoning laws Indecency: A legal term Outside protection of the First Amendment depicts or describes sexual or excretory activities regulated by the FCC -Indecency contains patently offensive sexual or excretory material that does not rise to the level of obscenity. Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities. 15. What level of First Amendment protection does obscenity receive? NONE, not constitutionally protected speech Generally bans on obscenity prohibit sale, display, distribution, importation of materials 16. Is it legal to buy, sell, or distribute obscenity? No; It's a crime to possess, sell, distribute, or produce obscene material. 17. Can non-obscene sexual expression be regulated? In what ways? a. obscene expression can be banned outright b. non-obscene sexual expression can be restricted c. subject to intermediate scrutiny constitutional analysis d. Time, Place, Manner restrictions Reasoning: Substantial gov't interest, narrowly drawn statute advancing the interest, alternative channels, content-neutral. 18. What is indecency in broadcasting? How is it regulated? Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities. Time, Place,Manner restrictions 19. How does the regulation of indecency differ from the regulation of obscenity? -Indecency Protected by 1st Amendment; Cannot be broadcast during times of the day when children may be in the audience. -Obscenity: prohibited from airing; no 1st amend protection 20. What is considered a "safe harbor" in indecency? 10pm-6am, because Kids are sleeping 21.What did CPPA, COPA and CIPA provide respectively?How did they fare in court? - CPPA (Child Pornography Protection Act): illegal to send/possess digital images of child pornography. applied whether image was made by computer or an actual photograph. -COPA (Child Online Protection Act): banned internet distribution to cihldren of material "harmful to minors." restricted transmitting harmful content applied only to people intending to profit from using the internet. -CIPA (Children Internet Protection Act): stop money from going to schools and libraries that don't install "technology protection measures" on computers accessible to the Internet. Congress has right to set conditions for receipt of federal money 25. What is a patent? What is a trademark? What is a service mark? What is a copyright? 1) patent- grant made by the government to the inventor conveying the exclusive right to make, use and sell the invention for a term of 20 years. 2) trademark- any word, name or symbol used by a manufacturer in commerce to distinguish his goals from those of others; 10 year term; renewable indefinitely. 3) copyright- right granted by statute to the author or originator of certain literary or artistic productions, whereby that person has the exclusive privilege of multiplying, publishing and selling them. 4) service mark-accomplishes the same purpose for services a firm provides. 26. What part of the Constitution gives Congress the authority to make copyright law? Article 1, Section 8- promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.First copyright statute passed in 1790. 27. When was the last major revision of the Copyright Act? Know the two major names. 28. Who does copyright protection extend to? What is the duration of copyright protection for a creator of a work? What if the copyright holder is a corporation? - Any producer of artistic work. slightest amount of originality protected. - lasts a lifetime plus 70 years. - for corporations, 120 years from date of creation, or 95 years from publication. 29. How can the "fixed" requirement be met? - work embodied in a medium sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated. Click the shutter of the camera, unedited film, etc. 30. What are the eight types of works of authorship protected in copyright law? 1. literary works. 2. musical works. 3. dramatic works. 4. pantomimes and choreographic works. 5. pictorial, graphic, sculptural works. 6. motion pictures. 7. sound recordings. 8. architectural works. 31. What are the six exclusive rights of copyright owners? 1. reproduction. 2. preparation of derivative works. 3. public distribution. 4. public performance. 5. public display. 6. public digital performances of sound recording. 32. What three elements were required for copyright notice before 1989? Needed copyright symbol date owner's name. 33. What is sampling? Is this a copyright infringement? - The technique of taking a small piece, or "sample" of a preexisting piece of music and using the sample to create or enhance a different, new piece of music.* 34. Why is registration of a copyright important? What are the steps in registering a copyright? No lawsuit can be maintained without copyright registration. 1. submit an application to copyright office. 2. pay $45 app fee. 3. deposit copies of work. 35. What does it mean to say a work is part of the "public domain?" - Works in the public domain are those whose intellectual property rights have expired, been forfeited, or are inapplicable. Works that are unavailable for private ownership or are available for public use 36. What three types of specialized works can be protected under the Copyright Act? What is a collective work? What is a compilation? What is a derivative work? 1)Compilation- collection or assembly of preexisting materials combined to create original work. 2)collective work- created from assembly of other works already copyrighted. 3)derivative work- transformation/adaptation of existing work. 37. What, in general, is a fair use? What four factors are studied to determine if a fair use exists? -Test courts to determine whether using another's copyrighted material without permission is fair or an infringement. 1. why and for what purpose was work used without permission? 2. nature of the copyrighted work? 3. how much and what portion of copyrighted work was used without permission? 4. effect the unauthorized use had on the copyrighted work's market value?