first time ad was protected
New York Times v. Sullivan
some first amendment protection for commercial speech, created commercial speech doctrine
Bigelow v. Virginia
No outdoor alcohol ads near kids school--meaning substantial state interest, evidence, narrowly tailored
Anheuser Busch v. Schmoke
Motion pictures were not granted first amendment protection until this case
Burstyn v. Wilson
This was too broad...about child pornography. supreme court narrowed the meaning of the statute
Osbourne v. Ohio
Sweat of the brow doctrine-no matter how much work you put into, it is not covered
Feist publications v. Rural Telephone Service Co
This ruling reached agreement on the definition of obscenity
Miller v. California
Purpose is to distinguish your brand, protects business identity
Trademark
Protects expression, original concept, creative use
Copyright
what can be copyrighted?
reproduction of workpreparation of derivative workspublic preformance of the workright of public display of the workright of the public digital performance of a sound recording
Limits of trademark
You can keep renewingbut if term starts to become generic, it can't be trademarkedor if you don't renew it then its no longer trademarked
Limits of Copyright
Copyright work is life of author plus 70 yearseventually runs outconsent of copyright owner must first be obtained
What can't be copyrighted
trivial materialideasfactsutilitarian goodsmethods, systems, and mathematical principles, formulas, equations
Role of the First amendment and copyright
difference is moneyright to know
Copyright defenses
its in public domainits research, history, factsfair usetransformative useyou can prove you created itnot meant to be covered by copyright
legal copyright infringement
Fair Use test
Fair use test
purpose of use-educational, news/social commentarynature of copyrighted work precent usedeffect on market
Fair use: purpose and character of use
criticism and commentteachingscholarship and research
Fair use: The nature of copyright work
is copyright work still availible?is it consumable work?is work an informational work or creative workis the work published or unpublished
Once it's out there, its free for alleveryone has access to it, copyright runs out
Public domain
Copyright requirements
notice must be placed where it can be visually perceivedif created today, last lifetime plus 70 years
Berne Convention
Became a part of international treaty-changed our copyright lawdon't have to have copyright noticecopyright begins the moment you created it if you register it it would help you to prove itYou don't have to have copyright notice, but its smart to have it
statutory construction of indecency and obscenity
needs to be narrowly tailored
This is protected by the first amendment. has no test to determine
Indecency
a test to figure out if something is obscene, related to hard core pornmust use in defining all cases except juvenile cases
Miller Test
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 valuedecided by jury
Adult content and zoning laws
cannot bar all adult businessessubstantial state interestnarrowly drawn
Role of the first amendment and indecency/obscenity
First amendment protection for indecency, not obscenityswear words/profanity is protected by the first amendmentmovies have 1st amendment protection
executive branchregulates public airwavesnothing to do with basic cablethey can shorten licensing timedoes not regulate obscenitydoes not have power to censor content
FCC-Federal communications commission
Advertising and the First Amendment
Advertising is the most heavily regulated form of mediafalse advertising is not protected
no more than promoting product or service, commercial transaction
commercial speech
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
Parts of commercial speech doctrine
similar to time, place, mannersubstantial state interest to justify regulationevidence the regulation advances interestreasonable fit between state interest and regulation--narrowly tailored
3 parts to lanham act
1.what message, either explicitly or implicitly, does the ad convey?2.is this message false or misleading?3.does this message injure the plaintiff?
used to bar an advertiser from unfair competitiongave right to sue due to deceptive ads, unfair business practicedeceptive claims, deceptive studies
Lanham Act
FTC remedies to stop false advertising
guides, voluntary compliance, consent agreement, litigated orders, substantiation, corrective advertising, injunctions, trade regulation rules
Primary agent of government
FTC
CAN-SPAM Act
No deceptive subject linesidentify email as an admonitor what you do on others behalf