Law and Ethics Final Exam Review 2
Questions and Answers
What led them to create the FCC: The FCC was formed by the Communications Act
of 1934 to replace the radio regulation functions of the Federal Radio Commission.
The FCC took over wire communication regulation from the Interstate Commerce
Commission.
What's a "pirate" radio station? - ANSWER-Radio stations that broadcast without first
applying for and obtaining a license from the federal government
What is the scarcity rationale? Why have the courts found that broadcast media may
be subjected to content regulations that would not be constitutional when applied to
other media? - ANSWER-Because the electromagnetic spectrum space is a limited
resource and not all who wished to use a particular broadcast frequency can do so
without causing harmful technical interference, the FRC decides which broadcasting
applicant will best serve "the public interest" and in turn, receive a broadcasting
license.
Federal law requires that broadcasting be licensed and regulated "in the public
interest, convenience and necessity." What is the meaning of this broad standard?
Does it have more than one possible meaning? How have different FCC chairmen
defined that standard in different eras? - ANSWER-The FRC would decide who
received licenses based on what they believed the public would want to see/hear
and what would be "best" for them (e.g. educational or informative).
This standard can possess more than one meaning due to the vagueness that the
standard's language is constructed in. What might be "best" for one person may not
be the "best" for another. Making decisions based off of what the people may want
will not always result in the same outcome.
Compare the levels of First Amendment protection given to print media (including
newspapers) to the First Amendment protections given to broadcast radio and
television, cable television, and the Internet. Which media have the highest level of
First Amendment protection from content-related regulations? Which media have the
least First Amendment protection from content-related regulations? - ANSWER-
Television broadcasters and radio broadcasters have the lowest level of First
Amendment protection from content-related regulations.
Print media and the Internet has the highest level of First Amendment protection.
What special laws and rules has the government applied to broadcast content about
political campaigns and candidates? Have the courts upheld those laws and rules?
How have the courts responded when government has tried to apply similar rules to
newspapers? - ANSWER-Section 315 of the Communications Act requires any
broadcast station that permits a candidate for political office to use its facilities, either
by giving the candidate free airtime or by selling the candidate advertising time, must
provide equal opportunities to any of that candidate's legally qualified opponents to
, use or purchase airtime in the same amounts and at the same price as the first
candidate.
In 1913, the state of Florida passed a law aimed at insuring that newspapers treated
political candidates with fairness. The law required newspapers to give any
candidate whose record or personal character was attacked by the newspaper the
right to space in the newspaper to reply. Any newspaper that refused to grant a
candidate such reply space could be found criminally liable. In 1974, in the case of
Miami Herald Publishing Co. v. Tornillo, the United States Supreme Court struck
down this law as unconstitutional.
The Communications Act prohibits the FCC from "censoring" broadcasters. How
have the courts defined "censorship" in the context of FCC regulation? - ANSWER-
Section 326 of the Communications Act states that "Nothing in this Act shall be
understood or construed to give the commission the power of censorship over the
radio communications of signals transmitted by any radio station, and no regulation
or condition shall be promulgated or fixed which shall interfere with the right of free
speech by means of radio communication.
Trademark: What purpose is it intended to serve? What are the characteristics of
strong mark? - ANSWER-The trademark is used to provide notice of a claim of
common-law rights. A trademark usually is used in connection with an unregistered
mark, to inform potential infringers that a term, slogan, logo or other indicator is
being claimed as a trademark.
A strong mark is a trademark or service mark that is distinctive and is used in a
fictitious, arbitrary, or fanciful manner in connection with a product. The strength of a
mark is measured by its distinctiveness. (I am not sure if this answer is correct)
How is a trademark created? - ANSWER-You must register the content you wish to
trademark with the U.S. Patent and Trademark Office
How long does a trademark last? Copyright: What purpose is it intended to serve? -
ANSWER-A trademark registration lasts for 10 years.
The purpose of copyright is not so much to protect the economic interests of the
authors and artists, but rather to promote the progress of the useful arts.
What kinds of materials are protected by copyright? - ANSWER-- literary works
(novels, poems, essays, computer programs etc.)
- dramatic works (dances, plays, screenplays etc.)
- musical works (songs, compositions, symphonies, etc.)
- artistic works (paintings, cartoons, sculpture, photographs etc.)
- sound recordings
- cinematographic films
- television and sound broadcasts
- published editions of works
What "bundle of rights" belongs to a copyright owner? - ANSWER-Bundle of Rights:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale
or other transfer of ownership, or by rental, lease, or lending;
Questions and Answers
What led them to create the FCC: The FCC was formed by the Communications Act
of 1934 to replace the radio regulation functions of the Federal Radio Commission.
The FCC took over wire communication regulation from the Interstate Commerce
Commission.
What's a "pirate" radio station? - ANSWER-Radio stations that broadcast without first
applying for and obtaining a license from the federal government
What is the scarcity rationale? Why have the courts found that broadcast media may
be subjected to content regulations that would not be constitutional when applied to
other media? - ANSWER-Because the electromagnetic spectrum space is a limited
resource and not all who wished to use a particular broadcast frequency can do so
without causing harmful technical interference, the FRC decides which broadcasting
applicant will best serve "the public interest" and in turn, receive a broadcasting
license.
Federal law requires that broadcasting be licensed and regulated "in the public
interest, convenience and necessity." What is the meaning of this broad standard?
Does it have more than one possible meaning? How have different FCC chairmen
defined that standard in different eras? - ANSWER-The FRC would decide who
received licenses based on what they believed the public would want to see/hear
and what would be "best" for them (e.g. educational or informative).
This standard can possess more than one meaning due to the vagueness that the
standard's language is constructed in. What might be "best" for one person may not
be the "best" for another. Making decisions based off of what the people may want
will not always result in the same outcome.
Compare the levels of First Amendment protection given to print media (including
newspapers) to the First Amendment protections given to broadcast radio and
television, cable television, and the Internet. Which media have the highest level of
First Amendment protection from content-related regulations? Which media have the
least First Amendment protection from content-related regulations? - ANSWER-
Television broadcasters and radio broadcasters have the lowest level of First
Amendment protection from content-related regulations.
Print media and the Internet has the highest level of First Amendment protection.
What special laws and rules has the government applied to broadcast content about
political campaigns and candidates? Have the courts upheld those laws and rules?
How have the courts responded when government has tried to apply similar rules to
newspapers? - ANSWER-Section 315 of the Communications Act requires any
broadcast station that permits a candidate for political office to use its facilities, either
by giving the candidate free airtime or by selling the candidate advertising time, must
provide equal opportunities to any of that candidate's legally qualified opponents to
, use or purchase airtime in the same amounts and at the same price as the first
candidate.
In 1913, the state of Florida passed a law aimed at insuring that newspapers treated
political candidates with fairness. The law required newspapers to give any
candidate whose record or personal character was attacked by the newspaper the
right to space in the newspaper to reply. Any newspaper that refused to grant a
candidate such reply space could be found criminally liable. In 1974, in the case of
Miami Herald Publishing Co. v. Tornillo, the United States Supreme Court struck
down this law as unconstitutional.
The Communications Act prohibits the FCC from "censoring" broadcasters. How
have the courts defined "censorship" in the context of FCC regulation? - ANSWER-
Section 326 of the Communications Act states that "Nothing in this Act shall be
understood or construed to give the commission the power of censorship over the
radio communications of signals transmitted by any radio station, and no regulation
or condition shall be promulgated or fixed which shall interfere with the right of free
speech by means of radio communication.
Trademark: What purpose is it intended to serve? What are the characteristics of
strong mark? - ANSWER-The trademark is used to provide notice of a claim of
common-law rights. A trademark usually is used in connection with an unregistered
mark, to inform potential infringers that a term, slogan, logo or other indicator is
being claimed as a trademark.
A strong mark is a trademark or service mark that is distinctive and is used in a
fictitious, arbitrary, or fanciful manner in connection with a product. The strength of a
mark is measured by its distinctiveness. (I am not sure if this answer is correct)
How is a trademark created? - ANSWER-You must register the content you wish to
trademark with the U.S. Patent and Trademark Office
How long does a trademark last? Copyright: What purpose is it intended to serve? -
ANSWER-A trademark registration lasts for 10 years.
The purpose of copyright is not so much to protect the economic interests of the
authors and artists, but rather to promote the progress of the useful arts.
What kinds of materials are protected by copyright? - ANSWER-- literary works
(novels, poems, essays, computer programs etc.)
- dramatic works (dances, plays, screenplays etc.)
- musical works (songs, compositions, symphonies, etc.)
- artistic works (paintings, cartoons, sculpture, photographs etc.)
- sound recordings
- cinematographic films
- television and sound broadcasts
- published editions of works
What "bundle of rights" belongs to a copyright owner? - ANSWER-Bundle of Rights:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale
or other transfer of ownership, or by rental, lease, or lending;
