Media Law Final

Question 1

AP v. INS (1919)

Answer 1

Decided federal courts had the power to declare and create binding law in commercial matters such as bills, notes, and torts such as negligence and business interference.

Question 2

Rosemont Enterprises v. Random House (1966)

Answer 2

The court determined that the district court erred by unjustifiably restricting the fair use defense to scholarly works written and prepared for scholarly audiences.

Question 3

Time, Inc. v. Bernard Geis Associates (1968)

Answer 3

Landmark Decision
While creative expression can be protected by copyright law, factual information cannot be monopolized by a singular platform. Court reaffirmed that the 1st Amendment protects free speech, and the people’s access to factual material.

Question 4

Sid and Marty Krofft Television v. McDonald’s (1977)

Answer 4

Established the intrinsic/extrinsic test as a standard for determining copyright infringement. Assesses whether a work is substantially similar to a copyrighted work in a way that would constitute infringement.

Question 5

Triangle Publications v. Knight-Ridder (1980)

Answer 5

Ruled in favor of Knight-Ridder on the basis of fair use, with the basis that there was no attempt to claim Triangle Publishing’s product as their own. It opened the door for a different look into the Fair Use exemption.

Question 6

Universal City Studios v. Sony Corp of America (1984)

Answer 6

Established the principle of “substantial non-fringing uses” which means technology cannot be held liable for copyright infringement if it also has lawful uses. Noncommercial home recording of television broadcasts for the purpose of “time shifting” was fair use, providing clarity and protection for manufacturers.

Question 7

Harper & Row v. Nation Enterprises

Answer 7

The court reasoned that the unpublished nature of a work is a key, though not necessarily determinative, factor tending to negate a defense of fair use. The four factors of fair use were not satisfied.

Question 8

Salinger v. Random House (1987)

Answer 8

Imposed limitations on the quotations of unpublished materials and these quotations are almost never fair use. The fair use defense is a test of analysis and investigation, creating the per se rule which protects unpublished writings from being reproduced under ordinary circumstances.

Question 9

Basic Books v. Kinko’s Graphic Corp (1991)

Answer 9

Unauthorized reproduction of copyrighted material does not fall into protection of the Copyright Act, even when performed by copying service companies for educational purposes. Not considered fair use to copy educational material for commercial profit without licensing.

Question 10

A&M Records, Inc. v. Napster

Answer 10

Napster was issued an injunction that prohibited them from engaging in distributing copyrighted musical compositions and sound recordings, but it also determined that the plaintiff must notify Napster of the copyrighted material since it couldn’t fully police the files as the website did not verify copyright ownership.

Question 11

Recording Industry of America v. Diamond Mulitmedia Systems (2001)

Answer 11

A device complies with the Audio Home Recording Act of 1992 if it can copy from a transmission of a digital music recording.

Question 12

Eldred v. Ashcroft (2003)

Answer 12

Affirmed Congress’ authority to extend copyright terms, impacting the duration of copyright protections for works created after the Copyright Clause.

Question 13

Viacom v. YouTube (2010)

Answer 13

Ruled that YouTube had no actual knowledge of any specific instance of infringement on Viacom’s works, and therefore could not have “willfully blinded itself” to the infringement.

Question 14

The Andy Warhol Foundation v. Goldsmith (2023)

Answer 14

The fair use defense to copyright infringement promotes creativity by recognizing that some secondary works make unauthorized use of original works but serve a different purpose, add new expression, or convey new ideas.

Question 15

Pharrell Williams v. Bridgeport Music, Inc. (2014)

Answer 15

Strikes conversations around newly produced songs taking inspiration from initial pieces have the ability to rekindle interest in original songs/artists. Musicians often are influenced by previous works, and there is very little that is completely original.

Question 16

Michael Skidmore v. Led Zeppelin (2016)

Answer 16

Reaffirmed the principle that copyright protection does not extend to common musical elements or ideas, but only to original expressions of those ideas.
2020 Trial Update: USSC declined to hear the copyright case against Led Zeppelin despite previous reversals, the 2016 verdict cleared them of plagiarism.

Question 17

U.S. v. One Book Called “Ulysses” (1931)

Answer 17

Established that a court applying obscenity standards should consider
1: the work as a whole
2: the effect on an average person
3: contemporary community standard
these ultimately influenced USSC case law on obscenity standards.

Question 18

Burstyn v. Wilson (1952)

Answer 18

Landmark Decision
Began the decline of motion picture censorship, determining that the NY Education Law allowed censorship and violated the 1st and 14th Amendments. Overturned Mutual Film Corporation v. Industrial Commission of Ohio.

Question 19

Roth v. U.S. (1957)

Answer 19

The 1st Amendment was not intended to protect every form of expression, such as “utterly without redeeming social importance”. Created the first test to determine what material is considered obscene, later becoming the Miller test.

Question 20

Ginsberg v. New York (1968)

Answer 20

Affirming Ginsberg’s conviction, Court decided that there are concepts of obscenity where material that is not obscene for adults may be considered obscene and harmful for children.

Question 21

Stanley v. Georgia (1969)

Answer 21

Established the 1st Amendment protections to include the right to possess obscene materials in privacy. The decision made in Roth v. U.S. does not apply to private possession of obscene materials without intention to distribute for commercial trade.

Question 22

Miller v. California (1973)

Answer 22

Landmark Decision
Created the Miller test which clarified the definition of obscenity with three prongs, being the first comprehensive ruling on obscene material that does not qualify for 1st Amendment protection.

Question 23

Jenkins v. Georgia (1974)

Answer 23

Determined that implied sexual acts in film is not enough to be considered obscene in the eyes of the court.

Question 24

Hamling v. U.S. (1974)

Answer 24

The decision revealed that the principles set by Miller v. California are to be used as the statute in the definition of obscenity as well as the constitutional limitations in defining the statutory term. Set the standard of having petitioners aware of the obscene material being cause for conviction.

Question 25

FCC v. Pacifica Foundation (1978)

Answer 25

Reinforced the “indecency” standard for broadcast media, allowing the FCC to regulate content it deems indecent, especially during times when children are likely to be present. Did not extend to all forms of media, like TV or the internet, where different standards can apply.

Question 26

New York v. Ferber (1982)

Answer 26

Stated the 1st Amendment does not protect any form of child pornography, deciding both the production and distribution should be prohibited. Laid the groundwork to protect children from sexual exploitation that could be created by the circulation of pornographic material.

Question 27

Pope v. Illinois (1987)

Answer 27

Clarified the requirements for jury instructions in obscenity cases and reaffirmed the importance of protecting constitutional rights, including the presumption of innocence. Identifies the challenges in defining and regulating obscenity while respecting individual rights to freedom of expression.

Question 28

Skywalker Records, Inc. v. Navarro (1990)

Answer 28

Balance between freedom of expression and obscenity regulations is called into issue by the album’s sexual content. Sheds light on the legal and music relationships, especially with regard to intellectual property rights and the consequences of distributing music records without permission.

Question 29

ACLU v. Gonzales (2007)

Answer 29

Raised questions about the government’s authority to regulate online content, especially materials deemed “harmful to minors,” and whether regulations violated the 1st Amendment. Influenced subsequent legislation and court rulings regarding online speech and content regulation, highlighting complexities of applying traditional standards of obscenity to the evolving digital space.

Question 30

FCC v. Fox Television Stations (2009)

Answer 30

Upheld the legality of the FCC’s regulations regarding indecent content on broadcast TV during certain hours. Clarified the standards for evaluating the vagueness of regulations and affirmed the government’s authority when it came to broadcast regulations that were in place to protect children from obscene material.

Question 31

Valentine v. Chrestensen (1942)

Answer 31

Commercial speech is not protected by the 1st Amendment, later playing large roles in later commercial speech cases.

Question 32

FTC v. Colgate-Palmolive (1965)

Answer 32

FTC’s order was lawful as the FCA had prohibited misrepresentation of a product meant to convince people to purchase. Colgate-Palmolive used undisclosed simulations, and the Court found that the FTC was in a better position to identify deceptive advertising principles.

Question 33

Virginia Board of Pharmacy v. Virginia Citizens Consumer Council (1975)

Answer 33

Landmark Decision
Established guidelines for commercial speech and how the 1st Amendment protected it. Recognized the importance of consumers’ right to information about products and services even in advertising.

Question 34

Central Hudson Gas & Electric v. Public Service Commission of NY (1980)

Answer 34

Central Hudson test was created based on the analysis of the government’s interest and regulations impact on speech, balancing the government’s regulatory authority and individuals’ free speech rights.

Question 35

Red Lion Broadcasting v. FCC (1969)

Answer 35

Affirmed that the application of the Fairness Doctrine and stated that it was constitutional, which reversed the judgment that stated the Fairness Doctrine and its competent rules were unconstitutional.

Question 36

Roth and Miller Test

Answer 36

Miller revised the test set by Roth, which is still used to determine obscenity with 3 prongs:
1: Whether the average person, applying community standards would find the work, taken as a whole, obscene
2: Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law
3: Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Question 37

Central Hudson Test

Answer 37

Outlines 4 key factors for assessing the constitutionality of government regulations on commercial speech
1: whether the speech concerns unlawful activity and is not misleading
2: whether the government has an interest in regulating the speech
3: whether the regulation is in the government’s interest
4: whether the regulation is too extensive for that interest

Question 38

How was the Miller test changed and by what case?

Answer 38

• It argued that the jury instructions were erroneous because it didn’t require the jury to find beyond a reasonable doubt that the magazines lacked serious value. The Court also criticized the formulation of the Miller test, arguing it failed to provide clear guidance to the jury and could lead to inconsistent results.
• Pope v. Illinois

Question 39

How long can a single author profit from his or her work in copyright law?

Answer 39

For life plus an additional 70 years after death.

Question 40

Four components of fair use?

Answer 40

1: Purpose and Character of the Use
2: The Nature of the Copyrighted Work
3: Amount and Substantiality of the Portion Used
4: Effect on the Potential Market for or Value of the Work

Question 41

1: Purpose and Character of the Use

Answer 41

Nonprofit, educational, and personal uses are deemed to be fair use, although educational use will not assure that it is a fair use.

Question 42

2: The Nature of the Copyrighted Work

Answer 42

Factual works, published works, and scientific articles that are factual in nature are more likely to be considered available for fair use than other works.

Question 43

3: Amount and Substantiality of the Portion Used

Answer 43

Use of the entire work may be appropriate and allowable as fair use if using that much is required to accomplish your purpose.

Question 44

4: Effect on the Potential Market for or Value of the Work

Answer 44

Whether or not there is some economic harm to the owner of the copyright as a result of your use. Carries less weight than the other 3 factors.

Question 45

Net Neutrality

Answer 45

The concept of an open, equal internet for everyone, regardless of device, application, or platform used and content consumed. The belief is that all corporations, including internet service providers, should treat internet data and users equally.

Question 46

Does commercial speech have the same protection as political speech?

Answer 46

No - it receives less protection than most other forms of protected speech
- Decided by Hudson Gas & Electric

Question 47

Copyright Criminals

Answer 47

examines the creative and commercial value of musical sampling, including debates over artistic expression, copyright law, and money. Internet and technology are changing our relationships with media, blurring the lines between producer and consumer and what defines each.

Question 48

The Internet’s Own Boy

Answer 48

Aaron Swartz was a computer programmer, writer, and political activist who was caught in a case that would sentence him to 35 years in prison for hacking and storing legal documents. He fought for free speech rights and public access and was targeted by the FBI amidst other white collar crimes that were being ignored.

Question 49

Obscenity

Answer 49

Material that deals with sex in a manner appealing to salacious content.

Question 50

Copyright

Answer 50

Exclusive rights are granted by law to copyright owners for the protection of their work.

Question 51

Advertising

Answer 51

Any form of representation that is made in connection with business in order to promote the supply or transfer of a product.

Question 52

Telecommunication and Internet

Answer 52

The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.