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1976 copyright act
this is the law which current copyright protection is guaranteed.
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cease and desist order
an administrative agency order prohibiting a person or business from continuing a particular course of conduct. For example, the federal trade commission may order an advertiser to cease and desist from misleading consumers w/its advertising.
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copyright
an exclusive legal right used to protect intellectual creations from unauthorized usage.
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corrective advertising
in advertising, a requirement imposed by the federal trade commision forcing an advertiser to include information in future advertisements that corrects false or misleading claims made in previous ads.
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fair use
a test courts use to determine whether using anothers copyrighted material w/o permission is fair or an infringement. Fair use test is also used in trademark infringement cases. ex: viacom vs. youtube
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federal trade commission
a federal agency created in 1914. Its purpose is to promote free and fair competition in interstate commerce; this includes preventing false and misleading advertising.
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franchise
a contract or agreement between a government, usually a city, and a cable system operator.
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hicklin rule
a rule taken from a mid 19th century english case and used in the US until the mid 20th century that defines material as obscene if it corrupts children.
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indecency
a narrow legal term referring to sexual expression inappropriate for children on broadcast radio and television.
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lanham act
a federal law that regulates the trademark registration process, but that aso contains a section permitting business competitors to sue one another for false advertising.
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non duplication rules
FCC regulations requiring cable systems not to carry certain programming that is available through local broadcast systems.
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notice of proposed rule making
a notice issued by the FCC announcing that the commission is considering changing certain parts of its regulations or adopting new roles.
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patently offensive
term describing material with hardcore sexual conduct.
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PEG ACCESS CHANNELS
channels that cable systems set aside for public, educational, and govt usage.
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pornography
a vague--not legally precise--term for sexually oriented material.
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prurient
lustful thoughts or sexual desires
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public domain
the sphere that includes material no protected by copyright law and therefore available for use without the creators permission.
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puffery
advertising that exagerates the merits of products or services in such a way that no reasonable person would take the ad seriously. Usually, this is not illegal.
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retransmission consent
part of the federal cable television law allowing broadcast television stations to negotiate.
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safe harbor
an FCC policy designing 10 pm to 6 am as a time when broadcast radio and television stations may air indecent material w/o violating federal law or FCC regulations.
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standing
the posisition of a plaintiff who has been injured or has been threatened with injury.
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substantiation
in advertising, the authority of the FTC to demand that an advertiser prove the claims made in the advertisements.
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trademark
a word, name, phrase, symbol, or design used to identify a companys goods and distinguish them from similar products other companies make.
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variable obscenity
a concept that sexually oriented material would not meet the definition of obscenity if distributed to adults but would be found obscene if distributed to minors.
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vice products
alcohol, beer, cigarettes, cigars, chewing tobacco
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work made for hire
work created when working or another person or company. The copyright in a work made for hire belongs to the employer, not the creator.
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zapple rule
a political broadcasting rule that allows a candidates supporters equal opportunity to use broadcast stations if the candidates opponents supporters use the stations.
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