MEDIA LAW FINAL
- Has the material been transformed by adding new expression or meaning?
- Was value added to original by creating new info, aesthetics, understanding? -
✔✔Work considered created by transformative use
- Have no knowledge of, or financial benefit from, the infringing activity
- Provide proper notification of its policies to its subscribers - ✔✔Safe harbors for
copyright
- not the most popular position
because 1st amendment says congress shall make no law, theyll make no law.
believes there should be no interference, protection, etc from the freedoms in the
constitution
%
standoffish
no space for change in society - ✔✔absolutist/originalist analyses
- Product must meet standards of profession that's endorsing it
- Celebrity actually has to use product they endorse - ✔✔expert and celebrity
endorsement implications
- something isnt capable of defamatory meaning
- defamed cant be identified
- no third party heard, or if they did they didnt think less of plaintiff
- not false/ true-- STRONGEST DEFENSE
-the average person didnt know better
- didnt know it was false - ✔✔libel defenses
,-Online service providers (OSPs) are liable for libelous information if they are the
creator or originator of the material
-OSPs are protected from libel actions if they are merely transmitting content created
by others - ✔✔libel on internet
"The government has the right to prohibit the broadcasting of patently offensive
language." - ✔✔FCC v. Pacifica Foundation (1978)
(1)clear and definite Promise
(2) Reliance that was detrimental, and foreseeable, and
(3) Enforcement necessary to avoid injustice
this does not require consideration - ✔✔Promissory Estoppel Elements
1. Appeals to prurient interest of average person applying contemporary community
values
2. Depicts or describes in a patently offensive way sexual conduct specifically defined
%
by applicable state law
3. Taken as a whole, it lacks serious, literary, artistic, political or scientific value - ✔✔3
parts of Miller test
1. COMPELLING government interest
2. narrowly tailored regulation
vagueness: has a chilling effect because you dont know what it means and so you
back off so you dont get in trouble
over broad-- covering too much information. ex no cigarette ads within 5 miles of a
school is too broad because now it affects adults - ✔✔strict scrutiny must show
(include vagueness and overbreadth definition)
1. Constitutional Law
2. Statutory Law
, 3. Administrative Law
4. Common Law
5. law of equity - ✔✔sources of law
1. def had duty to use due care
2. def negligently breached that duty
3. breach cause severe emotional distress
4. breach was the cause of the plaintiffs distress - ✔✔negligent inflection of emotional
distress
1. Explicitness or graphic nature of description
%
2. Whether material repeats at length the description
3. Whether material is used to shock or pander - ✔✔What constitutes "patently
offensive"?
1. inflammatory and prevasive press coverage that prejudices the community
2. hostile publicity that inflames the community - ✔✔publicity that is likely biased
1. Is it commercial speech?
2. Legitimate government regulatory interest?
3. Direct advancement of government regulatory interest?
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