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


Protects expression, original concept, creative use


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work still availible?is it consumable work?is work an informational work or creative workis the work published or unpublished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


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? 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



No deceptive subject linesidentify email as an admonitor what you do on others behalf