Final Exam

Communication & Journalism 420 with Robinson at University of Wisconsin - Whitewater

About this deck

By: Markie Struck
Created: 2011-05-10
Size: 19 flashcards
Views: 5

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3 remedies that are available to someone suing under the Lanham act.

1. Injuctions

2. Corrective Advertising orders

3. product recalls

3 factors courts consider in deciding whether speech in commercial speech

1. the speaker

2. the intended audience

3. the content of the message

What does it mean for an advertisement to be "material"?

When an ad is deceptive and contains "material" informations, the means the content of the ad is important to a consumer's decision to buy or use the product (influence the consumer).

3 devices available to the FTC for preventing or punishing deceptive advertising?

1. Cease-and-desist orders

2. corrective advertising

3. Court injunctions

Sixth Amendment guarantee

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.

What does the impartial jury guarantee?

Refers to a jury in an open, unprejudiced frame of mind at the begining of a trial that will be influenced only by the evidence legally presented during the trial.

-no prior knowledge

-know limited circumastances

-jury must be fair

Sixth Amendment concern with pretrial publicity?

Jurors may develop an opinion of the case before the case goes to trial.

3 Alternatives to gag orders a court may use to snsure a defendant recieves a fair trial?

1. Continuance

2. Intensive voir dire

3. Jury admonitions

3 reasons judges fear having cameras in the courtroom;

1. Distracting juries

2. intimitaing witnesses

3. Encouraging "showboating"

2 policy reasons in favor of enforcing subpoenas:

-powerful and essential at arriving @ the truth

-potential witnesses who do not want to be bothered would be free to ignore please for information

2 policy arguments against forcing journaliists to serve as sources of legal evidence

-highly disruptive to the media

-unable to reach deadlines

-media would shy away from aggresive reporting

- media would lose credability

Criminal vs. civil contempt of court

Criminal- conduct that defies the dignity and power of the court

Civil- when a reporter refuses to answer questions or provide journalistic materials that would benefit one of the parties.

5 rights protected by copyright

1. Expression

2. Originality

3. Fixatino

4. work made for hire

5. joint authorship

Compilation

A copyrightable work formed by the creative assembly of preexisting works or information.

Collective work

A copyrightable compilation of individual works of authorship that are themselves also protected by copyright, such as an anthology of stories of various authors.

Dervative work

A copyrightable production formed by creatively altering or adapting a preexisting work.

3 requirements for copyright registration

1. Complete registration form

2. Filing fee

3. Nonreturnable deposit of the work being registered.

Elements a plaintiff must prove to win a suit for copyright infringement

Is the preexisting work protected by copyright?

Has the work been copied or otherwise used to create a substantially similar work?

Was a license obtained to use the preexisting work?

If no, does this use of the protected work qualify as fair use?

Exclusive vs. nonexclusive licensing agreement

Exclusive- licensee is granted the sole authority to exercise the particular right in question.

-limited geographically or in duration

-no one else may possess the same right

Nonexclusive- Copyright owner may grant identical rights to additional parties

About this deck

By: Markie Struck
Created: 2011-05-10
Size: 19 flashcards
Views: 5

About StudyBlue

“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy