Flashcards
MC 401 - Exam 2
Cards in this deck (37)
- 1Four Torts of PrivacyIntrusion
Appropriation
Private Facts
False Light - 2Private Facts (interest involved and main defense)Right to keep private information private
Main defense: newsworthiness
Public dissemination required - 3Intrusionright to secluded moment
defense: unreasonable expectation of privacy - 4AppropriationRight to control commercial use of one's persona
Defense: consent - 5False lightright to be represented accurately before the public
widely disseminated
defense: truth - 6Test for false light-offensive to a reasonable person
-done with knowledge of and reckless disregard for its falsity - 7Secret TapingParticipant monitoring - one person knows
- 8physical harmharm to self
harm to others
-99% no liability for the media b/c protected speech - 9Infliction of emotional distressoutrageous action exceeds boundaries of decency
- public figures must prove actual malice - 10Hustler v. FalwellSupreme court struck down claims of emotional distress - too vague/subjective
-had to prove actual malice
-reversed lower court decision - 11Florida Star v. BJF-sexual assalut victim's name
-newspaper not liable b/c name was revealed in police report/public record
-1st amendment protection
-truthfully published public facts - 12What is copyrightable?Literary and artistic works
Individual works or compilations - 13How do you get and keep a trademark?Federal registration, renewal fees for continued use
- 14Trademarkindication of source, distinguish one product from another
- 15Trademark infringement testlikelihood of confusion
- 16Genericide (defense)death of a trademark
defense: build a record - 17Trademark dilutiondiminishes brand power
famous marks can sue non-competitors - 18Trademark continuumFanciful
Arbitrary
suggestive
descriptive
generic - 19Proving a copyright caseHolder of a valid copyright
Prove access
substantial similarity - dissection approach - 20Fair Use (Defense for infringement)1. Nature of original work
2. Nature of use (commercial v. educational)
3. Extent of use - heart of the work
4. Commercial infringement - harm to the market for the original - 21Why does fair use exist?To protect education, critique, comment, parody
- 22How do you get a copyright?Fix the work in a tangible medium
symbol name date - 23Copyright does not coverideas or facts
- 24Derivative workscopyright holder owns rights to derivative works
- 25Benefits to copyright registrationFederal jurisdiction
attorney fees
statutory damages
on record as owner of work - 26Copyright: bundle of rights (5)Right of duplication
distribution
derivative works
performance
display - 27Who owns copyright?Independently created work - creator
Employee - company (work for hire)
Freelance - put it in writing - 28How long does a copyright last?Author's life + 70 years
Corporation: 120 years after creation
Then it enters PUBLIC DOMAIN - 291st amendment status of advertisingWasn't protected speech until 60's (NYT v. Sullivan)
Now - moderately protected speech - 30Virginia State Board of PharmacyAllowed pharmacists to advertise
Ads became valuable as a source of competition - 31Central Hudson TestAdvertisers prove:
-Is speech unlawful or misleading?
Government prove:
-substantial interest in regulation
-law advances gov't interest
-is law over broad? - 32FTC Prospective Remedies-Staff opinion letter
-Advisory opinion
-guidelines
-rules: federal law - 33FTC After the fact remedies-consent decree
-cease and desist order
-federal court injunction
-corrective advertising - 34What makes an advertisement deceptive? (5)-misrepresentation/falsehood
-likely to deceive
-in a material way
-to a reasonable consumer
-to his/her detriment - 35Pufferynot regulated
can't be proven/no factual basis - 36Competitor remedies for false advertisingLanham act: injunctions and money damages
- 37Endorsementsmust be generally expected result
provide substantiation
Information
- Description
- Flashcards on MC 401 - Exam 2 , created by Emily Williams on 09/11/2015.
- Created by
- Emily Williams
- Views
- 2
- Rating