1. first time ad was protected
    New York Times v. Sullivan
  2. some first amendment protection for commercial speech, created commercial speech doctrine
    Bigelow v. Virginia
  3. No outdoor alcohol ads near kids school--meaning substantial state interest, evidence, narrowly tailored
    Anheuser Busch v. Schmoke
  4. Motion pictures were not granted first amendment protection until this case
    Burstyn v. Wilson
  5. This was too broad...about child pornography. supreme court narrowed the meaning of the statute
    Osbourne v. Ohio
  6. Sweat of the brow doctrine-no matter how much work you put into, it is not covered
    Feist publications v. Rural Telephone Service Co
  7. This ruling reached agreement on the definition of obscenity
    Miller v. California
  8. Purpose is to distinguish your brand, protects business identity
  9. Protects expression, original concept, creative use
  10. what can be copyrighted?
    • reproduction of work
    • preparation of derivative works
    • public preformance of the work
    • right of public display of the work
    • right of the public digital performance of a sound recording
  11. Limits of trademark
    • You can keep renewing
    • but if term starts to become generic, it can't be trademarked
    • or if you don't renew it then its no longer trademarked
  12. Limits of Copyright
    • Copyright work is life of author plus 70 years
    • eventually runs out
    • consent of copyright owner must first be obtained
  13. What can't be copyrighted
    • trivial material
    • ideas
    • facts
    • utilitarian goods
    • methods, systems, and mathematical principles, formulas, equations
  14. Role of the First amendment and copyright
    • difference is money
    • right to know
  15. Copyright defenses
    • its in public domain
    • its research, history, facts
    • fair use
    • transformative use
    • you can prove you created it
    • not meant to be covered by copyright
  16. legal copyright infringement
    Fair Use test
  17. Fair use test
    • purpose of use-educational, news/social commentary
    • nature of copyrighted work
    • precent used
    • effect on market
  18. Fair use: purpose and character of use
    • criticism and comment
    • teaching
    • scholarship and research
  19. Fair use: The nature of copyright work
    • is copyright work still availible?
    • is it consumable work?
    • is work an informational work or creative work
    • is the work published or unpublished
  20. Once it's out there, its free for all
    everyone has access to it, copyright runs out
    Public domain
  21. Copyright requirements
    • notice must be placed where it can be visually perceived
    • if created today, last lifetime plus 70 years
  22. Berne Convention
    • Became a part of international treaty-changed our copyright law
    • don't have to have copyright notice
    • copyright begins the moment you created it if you register it it would help you to prove it
    • You don't have to have copyright notice, but its smart to have it
  23. statutory construction of indecency and obscenity
    needs to be narrowly tailored
  24. This is protected by the first amendment. has no test to determine
  25. a test to figure out if something is obscene, related to hard core porn
    must use in defining all cases except juvenile cases
    Miller Test
  26. Basics of the miller test
    • average person finds it appeals to prurint interest, it depicts in an offensive way sexual conduct is defined by law, material lacks serious value
    • decided by jury
  27. Adult content and zoning laws
    • cannot bar all adult businesses
    • substantial state interest
    • narrowly drawn
  28. Role of the first amendment and indecency/obscenity
    • First amendment protection for indecency, not obscenity
    • swear words/profanity is protected by the first amendment
    • movies have 1st amendment protection
  29. executive branch
    regulates public airwaves
    nothing to do with basic cable
    they can shorten licensing time
    does not regulate obscenity
    does not have power to censor content
    FCC-Federal communications commission
  30. Advertising and the First Amendment
    • Advertising is the most heavily regulated form of media
    • false advertising is not protected
  31. no more than promoting product or service, commercial transaction
    commercial speech
  32. the legal doctrine that states that truthful advertising for products and services that are not illegal is normally protected by the first amendment to the us constitution
    commercial speech doctrine
  33. Parts of commercial speech doctrine
    • similar to time, place, manner
    • substantial state interest to justify regulation
    • evidence the regulation advances interest
    • reasonable fit between state interest and regulation--narrowly tailored
  34. 3 parts to lanham act
    • 1.what message, either explicitly or implicitly, does the ad convey?
    • this message false or misleading?
    • 3.does this message injure the plaintiff?
  35. used to bar an advertiser from unfair competition
    gave right to sue due to deceptive ads, unfair business practice
    deceptive claims, deceptive studies
    Lanham Act
  36. FTC remedies to stop false advertising
    guides, voluntary compliance, consent agreement, litigated orders, substantiation, corrective advertising, injunctions, trade regulation rules
  37. Primary agent of government
  38. CAN-SPAM Act
    • No deceptive subject lines
    • identify email as an ad
    • monitor what you do on others behalf
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