Final Flashcards
What is Section 315?
Equal Opportunity Law written by Congress (does not apply to ballot issues)
All legally qualified candidates can ask within 7 days only for a “use” but not on
1) regular news cast
2) news interview program
3) news event or
4) documentary
Who developed wireless telegraphy? (Radio)
Guglielmo Marconi
Lowest unit rates for advertising
Candidates get the very best rate as advertising
45 days before primary.
60 days before general election.
Section 312(a)(7)
Must provide reasonable access to candidates for federal office. Only applies to House, Senate & President.
The Children’s Television Act
Limit on Advertising for kids.
-12 min/hr per week.
10 1/2 min/hr weekend.
e/i carry 3 hours weekly averaged over a 6 month period
Cable Television Regulation
Partially regulated by FCC.
PEG channels-public educational gov’t channels (3 channels kept open)
Retransmission consent
Part of the federal cable tv law allowing broadcast television stations to negotiate
Internet Regulation
Reno v. ACLU
The internet is not regulated by FCC or Congress. It has full 1st Amendment Rights
1973 Miller v CA
Landmark case for Current law/ definition of obscenity.
Current law/def of obscenity
1) average person, applying contemporary community standards would find that the work, taken as a whole, appeals to prurient interests (national standard)
2) work depicts or describes sexual content in a patently offensive way
3) work taken as a whole, lacks serious literacy, artistic, political or scientific value. The Slaps Test
Variable obscenity
Concept that sexually oriented material wouldn’t meet the definition of obscenity if distributed to adults but would be found obscene if distributed to minors
Rico laws
Racketeer Influenced & Corrupt Organizations Act.
Forbid using money earned from illegal activities to finance legal/illegal businesses or nonprofits. Violators can be imprisoned and fined.
Indecency
Indecency refers to nonconformance with accepted standards of morality. Material that is patently offensive but doesn’t have prurient appeal
Video Games & Media Violence
Violent expression is protected by the 1st Amendment
Intellectual property law
The legal category including copyright, trademark and patent law.
Copyright law
Not the same thing as censorship. Written in the Constitution
Protects “original works of authorship”
How long does personal copyright lasts?
Life + 70 years
Work made for hire
EMPLOYER owns for 95 years, not the creator.
Freelancers
First 1 Time in a North American Rights, you sell your work.
The 1976 Copyright Act
A work is copyrighted when it’s created. You don’t have a registered copyright so you can’t sue unless you do.
Unfair competition - misappropriation
Can’t take someone’s news events, reports.. It’s copyrighted by media organizations
What is a copyright infringement defense?
Fair Use Defense
1) The purpose and the character of the use?
2) what was the nature of the copyrighted work itself
3) amount used & substantial it’s of whole
4) the effect your use have on the plaintiff’s marker value?
What act protects trademark infringement?
Lanham Act
