Exam 4

Question 1

Is copyright in the constitution

Answer 1

Yes

Question 2

8 Types of work that can be copyrighted

Answer 2

Literary works, musical works, dramatic works, choreographic and pantomimes, sound recordings, motion pictures, art (painting etc), architectural works.

Question 3

In order for a work to be copyrighted, it has to be…

Answer 3

Fixed in a tangible medium of expression. 

Question 4

Six basic rights of copy right holders.

Answer 4

Reproduction, distribution, derivative works, Public performance, public display, public digital performance of sound recording( added in 1995).

• 1976 copyright act

Question 5

What is first sale doctrine

Answer 5

Places restriction on copyright holder’s right to distribute work. Copyright holder has right to profit for first sale. Loses right to profit from proceeding sales i.e. used cd

Question 6

Works for hire

Answer 6

If a person creates a work for an employer or their job, the copyright for their work belongs to their employer.

Question 7

Grand upright music V Warner Bros

Answer 7

Unlicensed sampling is illegal

Question 8

Copyright uses

Answer 8

With permission from owner
Fair use
Parody
Creative Commons
Public domain i.e. copyright expired

Question 9

Fair use doctrine

Answer 9

The nature of the work
The purpose of the use
The amount of work used
The effect of the copyrighted work on the value or marketability of the product

Question 10

Can I use clips from another TV stations broadcast

Answer 10

Never use another stations footage unless you get permission. Many stations work out special licensing agreements

Question 11

Is it legal to use copyrighted material for comedic purposes?

Answer 11

Generally yes, when making fun of the copyrighted material. It is called parody

Question 12

Can obscenity be censored

Answer 12

Yes it is not protected by the first amendment

Question 13

What is obscenity

Answer 13

Miller V California

The average person, applying contemporary community standards, finds that the work, taken as a whole, appeals to the prurient interest,
•The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,
•The work, taken as a whole, lacks serious literary, artistic, political, or scientific value (LAPS test)

Question 14

Early obscenity laws

Answer 14

Tariff act of 1876

Banned importing of “all indecent and obscene prints, paintings, lithographs, engravings, and transparencies. 

Question 15

Regina v. Hicklin (Hicklin Test)

Answer 15

1868. Applied the standard that if it offended or negatively impacted a five-year-old, it was obscene and illegal. Resulted in mini works Being taken out of context and banned i.e. Shakespeare

Question 16

Early mail censorship laws

Answer 16

1865, illegal to mail obscene materials.

Question 17

Comstock act

Answer 17

Antiobscenity act of 1873
Anthony Comstock became postal censor.
160 tons destroyed. 3600 people arrested. I eat a pharmacist sending contraceptive/abortion material

Question 18

Stanley V Georgia in 1969

Answer 18

Do you have the right to possess obscene material in the privacy of your own home. Obscene material involving minors is not legal. 

Question 19

Presidential commission on obscenity and pornography

Answer 19

Funded by Congress in late 60’s to analyze impact of pornography on society
•Reaction to Stanley decision, right of citizens to possess obscene material
•Study concluded sexual deviants were already deviant when they sought out pornography.

Question 20

What is patently offensive

Answer 20

• Representations or descriptions of:
• Ultimate sex acts
• Normal or perverted
• Actual or simulated
• Masturbation
• Excretory functions
• Lewd exhibition of genitals

Question 21

Young V American mini theaters

Answer 21

You can place reasonable time place man restrictions on pornography as long as there’s not an attempt to censor it.

Question 22

Renton V playtime

Answer 22

• Ordinance does not try to significantly reduce or “ban” adult theaters
• Does not aim at content of films. Must be time, place, manner restriction.
• Serves a subtantial govt. interest. (lower property values, impact on children)
• Not overly restrictive (520 acres – 5% of Renton

Question 23

Meese commission

Answer 23

• concluded a strong link between pornography and “organized crime, sexual violence degradation, civil injustice, and other societal harms.”
• Strongly recommended obscenity laws be stricter

Question 24

New York V Ferber

Answer 24

Child pornography does not have to meet Miller standards in order to be illegal

Question 25

Overview of obscenity

Answer 25

Obscenity not protected by First Amendment
•Legal definition comes from Miller case
•People may have obscene material in privacy of own home – Stanley
•Judge may not make sole decision in obscenity (2LiveCrew)

Question 26

Definition of indecency, easy

Answer 26

Speech that is vulgar, but not legally obscene is often called indecent.

Question 27

FCC v Pacifica

Answer 27

FCC has authority to regulate indecency
•Indecent speech IS protected by First Amendment
•Sh#!, pi$$, f#ck, c#nt, c#cks#cker, motherf#cker, t!ts = 7 banned “dirty” words

Question 28

Indecency defined

Answer 28

Indecent material:
•Depicts or describes,
•in terms patently offensive
•as measured by contemporary community standards for the broadcast medium,
•sexual or excretory activities or organs
•at times of day when there is a reasonable risk that children may be in the audience.

Question 29

New rules for indecency 1987

Answer 29

FCC adds new rules for indecency (1987)
•Innuendo and double entendre can be indecent if intermingled with explicit references
•Deliberate and repetitive use of expletives can be indecent
•Contemporary community standards must be taken into account
•Stations must avoid airing such material when it’s likely that children will be in the audience, but up to station to determine times.

Question 30

The F word

Answer 30

The F word is generally not considered indecent when it is unintentional, fleeting and isolated, And is not in a sexual context.

Question 31

FCC punishment for indecency

Answer 31

• Fines
• Revoke license
• Warning / Reprimand