Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Entertainment Law > Entertainment Law > Flashcards

Entertainment Law Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What are the two ways to defame someone?

A
  1. Libel: written/published defamatory statement

2. Slander: spoken defamatory statement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Elements of Defamation? (3)

A
  1. Publication (spoken or written)
  2. False Statement
  3. Identification of person being defamed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How many people does it take to satisfy the publication element of Defamation?

A

ONE

but this one person cannot be the plaintiff; must be another third party person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the absolute defense to the false statement element of Defamation?

A

Truth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

False statements of opinion are/are not considered defamation.

A

Are not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Types of Defamation (2)

A

Defamation per se

Defamation per quod

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who can be defamed?

A

Private and public figures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Types of Public Figures (2)

A
  1. All purpose/general public figures

2. Limited public figures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Limited Public Figure 2 Part Test

A
  1. Public controversy, and

2. Individual injected themselves into the controversy (was not dragged into the controversy)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the difference between public and private figures?

A

Public figures must prove actual malice whereas private figures only have to prove negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Elements of Actual Malice

A
  1. Knew of or should have known the statement was false, or

2. Recklessly disregarded the statement’s falsity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What must be proven to receive punitive damages?

A

Actual malice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Damages allowed for defamation?

A
  1. General damages
  2. Special damages
  3. Punitive damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

General Damages and Defamation per se/quod

A

Per se: no evidence needed for damages to be awarded

Per quod: evidence required for damages to be awarded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Special Damages and Defamation per se/quod

A

Per se and per quod require evidence to award special damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Punitive Damages and Defamation per se/quod

A

Actual malice must be proven to receive any punitive damages whether per se or per quod

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Privileges (2)

A
  1. Absolute privileges

2. Qualified privileges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When do absolute privileges apply?

A

Apply all the time no matter what to:

  1. What is said in court or legislature
  2. Official comments and statements made by public officials
  3. Personnel recommendations

Cannot be held liable for any statements in the above situations ever

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When do qualified privileges apply?

A

Typically in regards to mass media:

  1. Completely,
  2. Fairly, and
  3. Accurately reported.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

TX Retraction Statute

A

P must request a retraction

P may still sue even though D issued a retraction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What does SLAPP stand for?

A

Strategic Lawsuit Against Public Participation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a SLAPP suit?

A

Attempt by the wealthy to silence the press or critics through threat of litigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

TX has Anti-SLAPP legislation; what does it entail?

A

P must show that he has a likelihood of success before the suit may continue; discourages frivolous lawsuits

If P can’t prove likelihood of success, then he must pay D’s attorney’s fees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Is a defamatory statement against a deceased person actionable?

A

No, the estate/family cannot bring defamation suit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Can defamation apply to fictional work?

A

Yes, must be able to prove the elements of defamation

publication, false statement, identification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Main Areas of Privacy Law (3)

A
  1. Publication of private facts
  2. Intrusion upon seclusion
  3. Appropriation of likeness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Elements of Public Disclosure

A
  1. Public disclosure,
  2. Of private facts,
  3. Which would offend a reasonable person, and
  4. Is not of legitimate public concern.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Is disseminating true, newsworthy material actionable?

A

No, not if of legitimate public concern

29
Q

Factors of Newsworthy

A

Must look at:

  1. Social value,
  2. Degree of intrusion, and
  3. How famous P is.
30
Q

What are the two competing societal interests of the Privacy law?

A

The right to privacy and the right to know

31
Q

Intrusion Upon Seclusion Elements

A
  1. Intrusion into private place, and

2. Highly offensive to a reasonable person.

32
Q

How to know if have a zone of privacy?

A

In a zone of privacy if there is a reasonable expectation of seclusion or solitude

33
Q

Seclusion is relative to what facts?

A
  1. Who is being intruded upon, and
  2. Nature of the intrusion.

Remember: intrusion upon seclusion protects against the physical act of intrusion, not republication

34
Q

Is the workplace considered a private place?

A

The workplace itself is not private, but there is an expectation of privacy in that what is said in the workplace will not be disseminated to the public.

35
Q

Appropriation Elements

A
  1. D’s use of P’s name, likeness, or identity,
  2. Usually without P’s consent
  3. For commercial use or other advantage to D, and
  4. Resulting in injury to P.
36
Q

Claims under Appropriation (2)

A

Right to Privacy (emotional/mental anguish)

Right to Publicity (economic value attached to the use of someone’s likeness)

37
Q

In regards to appropriation, is consent optional?

A

Not usually, but it can be optional when something is a legitimate public concern

38
Q

Which prevails in a conflict between the 1st Amendment right to Freedom of Expression and Publicity?

A

1st Amendment if the work is transformative

Right to Publicity if the work is a literal copy

39
Q

How to determine if work is transformative and what is a good example of transformative work?

A

Look at economic value of transformative work:
- Does the work have value because of the celebrity who is printed on it or because of the artist’s talent, creativity, or reputation?

Good example of transformative work: Andy Warhol and Marilyn Monroe

40
Q

What can be consented to?

A
  1. Intrusion upon seclusion
  2. Public disclosure of private facts
  3. Defamation
41
Q

Scenes a Faire Test

A

Substantial Similarity Test (factor test)

  1. Traits,
  2. Themes,
  3. Plots,
  4. Settings,
  5. Sequences, and
  6. Pace.

Total concept and feel of these traits

42
Q

Character Delineation Test

A

How the character develops over the story

  • specifically developed: character copyrightable through expression
  • general character type: not copyrightable
43
Q

Story Being Told Test

A

If the character is essential to the story being told: copyrightable
If the character is only a pawn the overall story: not copyrightable

44
Q

Things not copyrightable (9)

A
  1. Facts,
  2. Ideas,
  3. Research,
  4. Themes,
  5. Plots,
  6. Non-creative titles
  7. Slogans,
  8. Methods, and
  9. Formulas/equations.
45
Q

Joint work elements

A
  1. Parties must intend to work together
  2. There must be at least two parties
  3. Merger must be inseparable or interdependent
46
Q

How long does a copyright last if there is a sole author?

A

Til the death of the author + 70 years

47
Q

How long does a copyright last for a joint work?

A

Til the death of the last author + 70 years

48
Q

How long does a copyright last if it is a work for hire or no identifiable creator?

A

120 years after the work was created, or
95 years after the work was first published
(whichever ends sooner)

49
Q

Instances where Work Made for Hire arises (2)

A
  1. Employee/employer relationship

2. Independent contractor

50
Q

Independent Contractor Elements

A
  1. Work ordered and commissioned,
  2. Agreement in writing, and
  3. Work falls within 1 of 9 categories.
51
Q

Categories of Work covered by Independent Contractors

A
  1. Parts of a movie
  2. Audiovisual work
  3. Compilations
  4. Supplemental works
  5. Translations
  6. Instructional texts
  7. Tests
  8. Answers to tests
  9. An atlas
52
Q

Exclusive Rights of Copyright (4)

A

Exclusive right to:

  1. Reproduce
  2. Distribute
  3. Derivative works
  4. Perform publicly
53
Q

First Sale Doctrine

A

Allows someone who purchases a legal copy of a work has the right to watch/read/listen, sell, lend, or lease the copy to someone else

This an exception to the exclusive right to distribute

54
Q

Public Performance Test

A
  1. Is the space normally open to the public?
  2. Is the space where a substantial number of people outside the normal family/social acquaintances can view?

If yes: public space
If no: private space

55
Q

Compulsory or Mechanical Licenses

A

Allows for adaptation of the work so long as the new version did not pervert the original

This is an exception to the exclusive right to reproduction

56
Q

All transfers of writing must be…

A

In writing

57
Q

Copyright Infringement is a _______ _________ concept.

A

Strict Liability

Can subconsciously infringe; no intent necessary

58
Q

How to determine if something is substantially similar?

A

Compare factors such as:

  1. Plots
  2. Mood
  3. Characters
  4. Setting
  5. Pace
  6. Themes
59
Q

Types of Copyright Infringement (2)

A
  1. Vicarious Liability

2. Copyright Infringement

60
Q

Vicarious Liability Elements

A

Someone can be held liable for someone else’s infringement if the first person has the:

  1. Right and ability to supervise, and
  2. Financial interest.
61
Q

Copyright Infringement Elements

A

Someone can be held liable if they:

  1. Knew or should have known about infringement, and
  2. Encouraged or assisted in the infringing act (material contribution)

Knowledge can be actual or constructive

62
Q

Fair Use Doctrine Factors to consider

A

Factor test, not an elements test

  1. Purpose and character of infringing work
  2. Nature of original work
  3. Amount and substantiality of the original work used
  4. Effect on the market for the original work
63
Q

Purpose and Character of the Infringing Work

A

If the infringing work is transformative: fair use

If the infringing work is commercial use: unfair

64
Q

Nature of the Original Work

A

If the original work is creative: unfair

If the original work is factual/informative: fair use

65
Q

Amount and Substantiality of the Original Work Used

A

If a parody: must use enough of the original work to make sense

66
Q

Effect on the Market

A

If substantial impact on the original work’s market: unfair
If subtle impact on the original work’s market: fair use

If parody: can never be considered a market substitute for the original

67
Q

Preemption Test

A

Federal law trumps state law

  1. Substantial matter
  2. Equivalent rights

think if making promise to do something, is it a promise to pay or a promise not to infringe?

  • if promise to pay: not covered by Copyright Act and preemption does not come into play
  • if promise not to infringe: covered by the Copyright Act and preemption prevails
68
Q

Damages available under Copyright

A
  1. Injunctive relief
  2. Lost value of the license
  3. Lost profits

Punitive damages not allowed

69
Q

Statutory Damages, Willful Infringement, and Innocent Infringement

A

Statutory:
$750 - $300,000/work infringed

Willful Infringement:
up to $150,000/work infringed

Innocent Infringement
up to $200/work infringed

Treat all parts of a compilation as ONE work (if individual songs, more works infringed; if CD as a whole, less works infringed)

Entertainment Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions