Brainscape's Knowledge GenomeTM

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


See full index

Entertainment Law > Final > Flashcards

Final Flashcards

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

1st amendment

A

Burstyn v. Wilson: expression via motion pictures is included within the free speech and expression guarantees

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

Miller test

A

1) work appeals to the prurient interest (average person, contemporary community standards)
2) depicts sexual conduct in a patently offensive way; AND
3) lacks serious literary, artistic, political, or scientific value

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

CPPA

A

overbroad and unconstitutional; only remote connection between speech encouraging impulses and resulting child abuse

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

Ferber

A

Miller test does not apply to child pornography; no discussion of artistic/social value

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

obscenity

A

words are of such a nature and used in such circumstances as to create clear and present danger that they will bring about substantive evils that Congress has a right to prevent

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

broadcasting indecency

A

FCC may regulate indecent broadcasts

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

after-the-fact content-based regulation

A

allowed bc of broadcasting’s uniquely pervasive presence and accessibility to children

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

video games and the 1st Am

A

Brown v. Entertainment Merchants Ass’n: video games qualify for 1st Am protection

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

exceptions to video game protection

A

obscenity, incitement, fighting words

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

video game company liability

A

no duty to protect against violence; no foreseeability that player would commit act of violence

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

speech and criminal action

A

gov can regulate speech brigaded with action (aiding/abetting) to protect public from criminal and civil wrongs

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

defamation

A

1) D published written or verbal;
2) false statement;
3) that was defamatory;
4) concerning P;
5) with actual malice (P = public figure) or negligence (P = private figure); AND
6) damages

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

libel

A

defamation in a written or other graphic/published form

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

slander

A

spoken defamation

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

product libel

A

defamation concerning business or its product

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

publication

A

one person, other than P & D, sees or hears material AND understands statement to be defamatory

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

falsity

A

substantial truth: does proven truth leave different impression of P than impression created by defamatory falsehood?

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

truth

A

absolute defense to defamation

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

opinions

A

cannot imply false statements of objective fact; protected under 1st Am

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

opinion factors

A
  • verifiability
  • precise language
  • context, including cautionary language
  • type of writing or speech
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

defamatory

A
  • harms reputation in community;
  • deters people from associating; OR
  • exposes to public hatred, contempt, or ridicule
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

defamation per se

A

commission of a crime, loathsome disease, professional or sexual misconduct, racism

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

defamation per se: remedy

A

P can recover without proof of injury

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

defamation per quod

A

requires some context to understand its defamatory meaning

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

defamation subject

A

reputation must be capable of being harmed

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

defamation & fictional characters

A

would a reader with knowledge of surrounding circumstances reasonably understand the words referred to P?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

defamation determination

A

legal issue: whether statement is capable of damaging reputation?
factual issue: whether it did?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

identification

A

others reasonably understand P is the one referred to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

actual malice

A

knowledge of falsity or reckless disregard for the truth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

reckless disregard for the truth

A

D has actual, subjective doubt about truthfulness of statement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

negligence

A

anything under that which an ordinary, reasonable person would do under the same circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

public official

A

1) elected; OR
2) other gov official if:
- substantial responsibility for gov conduct;
- public interest in qualifications beyond that of a normal official; AND
- statement is about job performance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

general purpose public figures

A

those who achieve such pervasive fame or notoriety that they become public figures in all purposes and contexts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

limited-purpose public figures

A

those who thrust themselves into the forefront of particular public controversies to influence the resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

limited-purpose public figures: factors

A

1) voluntary participation in controversy?
2) access to appropriate channels for P to rebut claims?
3) P played prominent role?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

defamation: general damages

A

hurt feelings, mental suffering, or anguish

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

defamation: special damages

A

loss of employment, lost income, loss of earning capacity (always must be supported by evidence of injury)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

defamation: punitive damages

A

clear and convincing evidence that D acted with actual malice

39
Q

absolute privilege

A

cannot libel someone while speaking in a legislative or judicial forum OR through official statements from public officials

40
Q

qualified privilege

A

may completely, fairly, and accurately report what happens at a government proceeding

41
Q

privacy law

A
  • false light
  • publication of private information
  • intrusion on solitude
  • appropriation of NIL without permission
42
Q

privacy rights

A

only enjoyed by natural persons, NOT companies or other entities

43
Q

likeness

A

resemblance or evocation of identity of actual person, even absent actual use of NIL

44
Q

appropriation: parody

A

NEVER acts as a substitute for the real thing

45
Q

appropriation

A

one cannot use another’s identity for commercial use or trade purposes without consent

46
Q

commercial use?

A

commercial production is not automatically commercial use; does not apply to works of fiction

47
Q

transformative use defense

A

product containing likeness is so transformed that it has become primarily D’s own expression

48
Q

public interest defense

A

public has a right to know and press has a right to tell

49
Q

public interest defense: attachment

A

attaches to people who, through life or accomplishments, creates bona fide attention to activities

50
Q

NOT commercial purpose

A
  • books, plays, films, radio/TV programs
  • magazine/newspaper articles
  • material of political or newsworthy value
  • parodies or social commentary
  • single and original works of fine art
  • ads or commercial announcements concerning any of these (incidental use)
51
Q

retraction statutes

A

laws that give D an opportunity to correct, clarify, or retract story before suit can be filed

52
Q

retractions requirements

A
  • P must request retraction before filing suit
  • retraction must be as prominent as alleged defamation
53
Q

anti-SLAPP meaning

A

protection from “Strategic Lawsuits Against Public Participation”

54
Q

anti-SLAPP suits

A

attempts by wealthy to silence press or critics through threat of litigation

55
Q

anti-SLAPP case

A

if statement at issue arises from an issue of public concern, P must show prima facie case before suit can proceed

56
Q

anti-SLAPP remedy

A

if case is dismissed, D is entitled to attorney’s fees

57
Q

anti-SLAPP elements

A
  • applicability
  • prima facie viability
  • legal viability
58
Q

anti-SLAPP: applicability

A

movant shows that cause of action facially falls within the scope of the Act

59
Q

anti-SLAPP: prima facie viability

A

cause of action states a prima facie case as to each essential element of claim

60
Q

anti-SLAPP: legal viability

A

movant shows that no cause of action upon which relief may be granted has been stated

61
Q

consent defense: exceptions

A

dated consent, capacity, substantial alterations from image upon which consent was granted

62
Q

what can be copyrighted?

A

anything that is “fixed” in a tangible medium of expression

63
Q

copyright: “fixed”

A

sufficiently permanent to permit it to be perceived, reproduced, or otherwise communicated for more than transitory duration

64
Q

what can’t be copyrighted?

A
  • ideas, themes, bare plots
  • non-creative titles, slogans, words, etc.
  • methods, systems, formulas, and equations
  • incidents, characters, and settings indispensable to a given topic/genre (scenes a faire)
  • facts/new events
65
Q

who owns copyright?

A

creator of work

66
Q

copyright

A

intellectual property; can be disposed of as property

67
Q

work made for hire

A

when one creates a work at the direction of another, they do not own the copyright

68
Q

work made for hire includes:

A
  • works created by employee within the scope of employment; OR
  • specially commissioned works in 1 of 9 categories AND parties agree that work is made for hire
69
Q

independent contractor works

A

1) contribution to collective work;
2) part of motion picture/AV work;
3) translation;
4) supplementary work;
5) compilation;
6) instructional text;
7) test;
8) answer materials to test;
9) atlas

70
Q

joint works

A

one copyright can belong jointly to 2+ authors when they intend them to be inseparable or interdependent parts of a unitary whole

71
Q

joint works: independent contributions

A

must be independently copyrightable

72
Q

inseparable

A

parts have little or no independent meaning standing alone

73
Q

interdependent

A

parts achieve primary significance because of combined effect

74
Q

collective works rights

A

can reproduce as:
- part of collective work
- part of revision to original collective work
- part of subsequent collective works in the same series as original collective work

75
Q

collective works: individual contribution

A

author may freely exploit their own individual contribution

76
Q

duration of copyright

A

1) life of author + 70 years; OR
2) no identifiable author/works made for hire:
- 95 years after first publication; OR
- 120 years after creation (whichever expires first)

77
Q

copyright test

A

1) D actually copied (prove through access to) P’s work; AND
2) substantial similarity between protected material in P’s work & D’s work
(strict liability)

78
Q

substantial similarity

A

whether the average lay observer would find that D appropriated the alleged copy from the copyrighted work

79
Q

exclusive rights

A
  • reproduction
  • derivative works
  • distribution by sale, rental, lease, or lending
  • performance of work publicly
  • digital transmission of sound recordings
80
Q

first sale doctrine

A

purchaser of lawful copy can listen, watch, sell, lend, or lease that particular copy

81
Q

infringement analysis

A

1) is the work copyrightable?
2) is the copyright still valid?
3) did D have access to work?
4) are the 2 works the same/substantially similar?

82
Q

infringement: burden of proof

A

1) ownership of valid copyright; AND
2) copying of constituent, original elements of work

83
Q

indirect proof of copying

A
  • D had access to P’s work; AND
  • D’s work is substantially similar to P’s protected expression
84
Q

fair use

A
  • purpose and character of use
  • nature of copyrighted work
  • amount/substantiality used v. whole
  • effect on the market
85
Q

fair use: purpose and character of use

A

more likely to be fair if noncommercial or nonprofit

86
Q

purpose and character of use: OK

A

transformative use, parody, news/public interest, criticism and comment, teaching, scholarship and research

87
Q

fair use: nature of copyrighted work

A
  • informational or creative?
  • published or unpublished?
  • still commercially available?
88
Q

fair use: amount/substantiality used v. whole

A

what is the heart of the work and relative proportion used?

89
Q

fair use: effect on the market

A

if challenged use becomes widespread it would adversely affect the potential market for copyrighted work

90
Q

preemption

A

subject matter of state law claim is governed by copyright law

91
Q

overcoming preemption

A

state law claim has extra elements that differentiate it from copyright law

92
Q

copyright damages

A
  • injunctive relief
  • actual damages
  • statutory damages (if timely registered)
  • attorney’s fees
93
Q

copyright: statutory damages

A

$750–$30k per work infringed (up to $150k if willfully infringed)

94
Q

protection of ideas

A

CANNOT be protected by copyright; must be novel and can protect through K law (look at number of works infringed)

Entertainment Law (1 decks)

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