Fair Use And Parody

Summary

Fair use in copyright law is assessed case-by-case, considering factors like parody. The Supreme Court applies actual malice standards in emotional distress cases. Government regulation of broadcasting is not based on news accuracy. Special damages in defamation involve economic loss. The FCC lacks jurisdiction over broadband. The Supreme Court prioritizes public interest in crime investigation over reporter privilege. Internet speech has full First Amendment protection. Reselling books is legal under the first sale doctrine. Judges rarely impose media gag orders. Copyright protection starts when a work is fixed in a tangible medium. Marbury v. Madison established judicial review. Intrusion claims arise from privacy violations. Facebook, as a private entity, doesnt violate First Amendment rights. Trade libel involves false product statements. The U.S. Supreme Court hears cases via specific routes. FCC v. Pacifica allows content channeling. Equal time rule applies to political ads. Prior restraint doesnt include fines. Copyright is intangible intellectual property. Content-neutral laws must allow communication channels. Libel suits are subsequent punishment

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In Hustler Magazine v. Falwell, * U.S. * (*). Which of the following best describes the Supreme Court’s ruling in that case? Group of answer choices A. Cases of intentional infliction of emotional distress should be treated differently than defamation cases for liability purposes and the actual malice standard should not apply. B. The actual malice standard should apply to cases for intentional infliction of emotional distress. C. Strict liability can be imposed in intentional infliction of emotional distress cases. D. Simple negligence provides an adequate basis for damage awards in cases involving intentional infliction of emotional distress.
In Hustler Magazine v. Falwell, * U.S. * (*), the Supreme Court ruled that the actual malice standard should apply to cases for intentional infliction of emotional distress. Thus, the correct choice is:
B. The actual malice standard should apply to cases for intentional infliction of emotional distress.
Which of the following is *not* a rationale for government regulation of broadcasting? Group of answer choices A. The electromagnetic spectrum is a finite resource. B. Broadcast news is often less fact-based than print news. C. The airwaves are publicly owned. D. Differences between forms of media.
The rationale that is *not* a reason for government regulation of broadcasting is:
B. Broadcast news is often less fact-based than print news.
Government regulation is not based on the factual accuracy of broadcast news compared to print news.
be and Bob were both salesmen. They were both trying to make a big sale to XYZ Corporation. Bob got the sale, and Abe got very angry. Abe called the employee of XYZ Corporation that was responsible for making the order and said several things about Bob. Abe said, “Bob is a liar and a cheat. Those goods he sold you are of low quality and will not hold up. Bob has cheated other companies, so you better watch him closely.” All of the statements were false. Although the sale should have been final, XYZ Corporation cancelled the order with Bob. Bob found out what Abe had said and wants to sue Abe. If Bob is unable to prove that the statements are slander per se, will he be able to prove special damages? Group of answer choices A. Yes. Special damages are some economic loss. B. Yes. Special damages are harm to reputation. C. No. Special damages are for pain and suffering. D. No. Special damages are for disfigurement.
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In the scenario described, Bob could potentially prove special damages by demonstrating economic loss due to the cancellation of the order. This aligns with option A: "Yes. Special damages are some economic loss." If Bob can show the financial impact of Abe's false statements, he may succeed in proving special damages.
be and Bob were both salesmen. They were both trying to make a big sale to XYZ Corporation. Bob got the sale, and Abe got very angry. Abe called the employee of XYZ Corporation that was responsible for making the order and said several things about Bob. Abe said, “Bob is a liar and a cheat. Those goods he sold you are of low quality and will not hold up. Bob has cheated other companies, so you better watch him closely.” All of the statements were false. Although the sale should have been final, XYZ Corporation cancelled the order with Bob. Bob found out what Abe had said and wants to sue Abe. If Bob is unable to prove that the statements are slander per se, will he be able to prove special damages? Group of answer choices A. Yes. Special damages are some economic loss. B. Yes. Special damages are harm to reputation. C. No. Special damages are for pain and suffering. D. No. Special damages are for disfigurement.
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In the scenario you described, if Bob cannot establish slander per se, he might still prove special damages by showing economic loss due to the cancellation of the order. This corresponds with option A: "Yes. Special damages are some economic loss." Bob would need to demonstrate the financial impact of Abe's false statements.
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What does the FCC NOT have regulatory jurisdiction over? Group of answer choices A. Multichannel Video Programming Distributors. B. Broadcast. C. Broadband. D. The FCC has regulatory jurisdiction over all of the above.
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The Federal Communications Commission (FCC) does not have regulatory jurisdiction over broadband. Therefore, the correct choice would be:
C. Broadband.
In Branzburg v. Hayes, * U.S. * (*), Which of the following best describes the Supreme Court’s ruling in Branzburg? A. The Court accepted the reporter’s refusal to testify on the ground that the First Amendment gives reporters an absolute right to refuse to reveal their sources. B. The Court accepted the reporter’s refusal to testify on the ground that a refusal to recognize a reporter’s First Amendment privilege would undermine the freedom of the press to collect and disseminate news. C. The Court refused to allow the reporter to decline to testify, reasoning that the public interest in investigating crime outweighs the reporter’s interest in preventing disclosure. D. The Court refused to allow the reporter to decline to testify, reasoning that reporters are not protected under the First Amendment.
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In Branzburg v. Hayes, the Supreme Court ruled:
C. The Court refused to allow the reporter to decline to testify, reasoning that the public interest in investigating crime outweighs the reporter’s interest in preventing disclosure.
Reno v. ACLU, * U.S. * (*) involved the Communications Decency Act, which was designed (in part) to protect minors from “indecent” and “patently offensive” material on the internet. Which of the following best reflects the Supreme Court’s ruling in this case? Group of answer choices A. Speech on the internet enjoys the same level of First Amendment protection as broadcasting. B. The government has a right to control content on the internet in pursuit of its goal of increasing internet usage by minimizing the change of users encountering offensive material. C. Speech on the internet enjoys full constitutional protection, akin to newspapers. D. The government can ban “indecent” and “patently offensive” content from the Internet, but only if it can satisfy the intermediate scrutiny necessary to justify content-based restrictions on internet speech.
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The Supreme Court in Reno v. ACLU ruled that:
C. Speech on the internet enjoys full constitutional protection, akin to newspapers.
This case affirmed strong First Amendment protection for internet speech, invalidating parts of the Communications Decency Act that aimed to restrict indecent material online.
does reselling the copy of a book that I bought violate any copyright interest
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Reselling a legally purchased physical copy of a book generally does not violate copyright law due to the "first sale doctrine." This doctrine allows the owner of a particular copy to sell or otherwise dispose of that copy without the copyright holder's permission.
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In Sheppard v. Maxwell, * U.S. * (*), the trial judge is thinking about prohibiting the media from reporting on this trial. Based on Supreme Court precedent, which of the following statement correctly reflects the trial judge’s authority to close the trial? A. Judges have broad authority to protect the defendant’s right to a fair trial by prohibiting press reporting. B. Although judges may not close a trial to the public, or to the media, they can restrict the media’s authority to report on facts revealed during the trial. C. Judges may not impose gag orders on the media except in extraordinarily rare circumstances, which are almost never found to exist. D. Judges are permitted to routinely impose gag orders on the media.
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In Sheppard v. Maxwell, the Supreme Court emphasized the importance of a fair trial but did not grant judges broad authority to prohibit media reporting. The correct reflection of the trial judge's authority is:
C. Judges may not impose gag orders on the media except in extraordinarily rare circumstances, which are almost never found to exist.
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Jesse is an aspiring artist, and he most enjoys working in pencil. He is also a fan of baseball. Last week at school, instead of listening to his teacher, he sketched a drawing of the baseball stadium in his hometown. When class ended, he closed his notebook and headed out to the Pit for lunch. At what point will Jesse acquire copyright protection of his sketch of the baseball stadium? Group of answer choices A. As soon as he files a registration application with the Copyright Office at Copyright.gov. B. As soon as it is fixed in a tangible medium of expression. C. Until another artist alleges Jesse’s drawing is confusingly similar. D. Jesse cannot acquire a copyright because the baseball stadium is a fact and thus the work is ineligible for copyright protection.
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Jesse will acquire copyright protection for his sketch of the baseball stadium as soon as it is fixed in a tangible medium of expression, which means once he has drawn it in his notebook. The correct answer is B.
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Which legal authority most clearly articulates the proposition at the U.S. Supreme Court has the authority to review legislative enactments to determine if they pass constitutional muster? Group of answer choices A. Article III of the U.S. Constitution. B. Marbury v. Madison, * U.S. * (*). C. New York Times v. United States, * U.S. * (*). D. Citizens United v. Federal Election Commission, * U.S. * (*).
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The legal authority that most clearly articulates the proposition that the U.S. Supreme Court has the authority to review legislative enactments to determine if they pass constitutional muster is:
B. Marbury v. Madison, * U.S. * (*).
Wanting to spy on some unsuspecting people, Leonard waited in the bushes late at night behind a bench in a secluded section of the park. Walter and Judith, who are married, came to the park bench, sat down, made out, and whispered a simple conversation to each other about the weather. That night, Leonard wrote about the conversation on his blog, identifying Walter and Judith and publishing the substance of what they said. On these facts, which of the following is most accurate? Group of answer choices A. Walter and Judith have claims for false light, intrusion, and public disclosure of private facts. B. Walter and Judith have claims for false light and intrusion, but not public disclosure of private facts. C. Walter and Judith have claims for intrusion and public disclosure of private facts, but not false light. D. Walter and Judith have a claim for intrusion, but not for false light or for public disclosure of private facts.
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Walter and Judith likely have a claim for intrusion, but not for false light or for public disclosure of private facts. Their conversation about the weather in a public park probably wouldn't be considered private enough for public disclosure claims. If you want to know more about privacy laws, feel free to ask!
Last week, a student named John Smith posted a comment on Facebook that said he “hates how all the out-of-state first-generation Asian students seem to get more internships in the school than do the white students from the rural counties of North Carolina.” Facebook took down the post. Can John Smith sue Facebook for violating his First Amendment rights to free speech? Group of answer choices A. Yes, because even though Facebook is a private forum he is a public university student discussing public matters. B. Yes, because the terms of service violate Smith’s First Amendment rights. C. No, because Facebook is a limited public forum that the government has said citizens retain some First Amendment rights in. D. No, because Facebook is a nonpublic forum and there is no state action.
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John Smith cannot sue Facebook for violating his First Amendment rights because Facebook is a private company and not a government entity. Thus, option D is correct: "No, because Facebook is a nonpublic forum and there is no state action."
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Which of the following statements best describes “trade libel”? Group of answer choices A. Criticism of products rather than people or businesses. B. Criticism of other countries with whom the United States trades goods and services. C. Criticism between people that is reciprocated and traded back and forth. D. Anonymous criticism online traded between private individuals.
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Trade libel is best described by option A: Criticism of products rather than people or businesses. It involves false statements about a product that can damage its reputation or sales.
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All of the following are possible routes for a case to make it and be heard by the U.S. Supreme Court except: Group of answer choices A. U.S. District Court to U.S. Circuit Court of Appeals to the U.S. Supreme Court. B. The Supreme Court of Florida (the state’s highest court) to the U.S. Supreme Court. C. U.S. Circuit Court of Appeals to the Supreme Court of Texas (the state’s highest court) to the U.S. Supreme Court. D. The Supreme Court of North Carolina (the state’s highest court) to the U.S. Supreme Court.
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The route that is not possible for a case to be heard by the U.S. Supreme Court is:
C. U.S. Circuit Court of Appeals to the Supreme Court of Texas (the state’s highest court) to the U.S. Supreme Court.
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FCC v. Pacifica Foundation, * U.S. * (*), Which of the following best reflects the Supreme Court’s ruling in this case? A. Content, such as the “Filthy Words” monologue, can be banned from the airwaves. B. The FCC can require content such as the “Filthy Words” monologue to be “channeled” to times (e.g., late at night) when children are less likely to be listening. C. Radio stations have an absolute right to air any non-obscene content, including programs like the “Filthy Words” monologue. D. Content such as the “Filthy Words” monologue can be broadcast, even during daylight hours because those who are offended can simply switch stations.
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The Supreme Court's ruling in FCC v. Pacifica Foundation is best reflected by option B: The FCC can require content such as the “Filthy Words” monologue to be “channeled” to times (e.g., late at night) when children are less likely to be listening.
Ramon is the Democratic candidate for governor. He purchases * seconds of time on Channel * and runs a campaign ad two weeks before the general election. Alycia is the Green Party candidate for governor. Five days later, Alycia asks Channel * to sell her a minute of time. What must Channel *’s general manager do? Group of answer choices A. Must sell Alycia * seconds of time. B. Need not sell Alycia * seconds of time because the general manager decides who buys commercial time on the station. C. Need not sell Alycia * seconds of time because it is not 45 days before the general election. D. Need not sell Alycia * seconds of time because she does not have a real chance of winning the election.
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Channel *’s general manager must adhere to federal regulations regarding political advertising. Under the FCC's "equal time rule," if the station sells time to one candidate, it must offer equivalent time to other qualified candidates. Therefore, option A is correct: Must sell Alycia * seconds of time.
Which of the following is not an example of a prior restraint? Group of answer choices A. A license to publish (e.g., permission to publish). B. A discriminatory tax (e.g., a tax applied only to newspapers). C. A monetary fine (e.g., a financial penalty for a crime or other offense). D. An injunction (e.g., a court order requiring a person to do or cease doing a specific action).
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The option that is not an example of a prior restraint is:
C. A monetary fine (e.g., a financial penalty for a crime or other offense).
Prior restraint involves government actions that prevent speech or expression before it takes place, whereas a monetary fine is a penalty imposed after the fact.
Which of the following is an example of intangible intellectual property? Group of answer choices A. A car. B. A parcel of land. C. $*,* balance in a bank account. D. A copyright on a published work.
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The correct answer is D. A copyright on a published work. Copyright is a form of intangible intellectual property that gives the creator exclusive rights to use, distribute, and modify their original work. If you have more questions or need further clarification, feel free to ask!
In order for a content-neutral law is to pass First Amendment analysis it must: Group of answer choices A. Regulate only an unprotected type or category of speech. B. Leave open other adequate channels of communication. C. Regulate only the persons who may engage in the expressive speech or act, and not the acts themselves. D. Pass strict scrutiny review.
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In order for a content-neutral law to pass First Amendment analysis, it must:
B. Leave open other adequate channels of communication.
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First Amendment law distinguishes between prior restraint and subsequent punishment. Which of the following is an example of a subsequent punishment? Group of answer choices A. A gag order. B. A media tax, including special taxes on newspaper paper and ink. C. A libel suit. D. None of the above as these are all forms of prior restraint.
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An example of subsequent punishment under First Amendment law is:
C. A libel suit.
This involves punishment after the speech has occurred rather than preventing it beforehand. Let me know if you have any other questions related to this topic!
Which of the following best describes the FCC’s commercial limits during children’s programming? Group of answer choices A. It applies only to broadcast stations, not cable systems. B. It allows for program-length ads. C. It applies to all programming aimed at those under 18 years old. D. It applies to both broadcast stations and cable systems
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The FCC's commercial limits during children's programming are best described by option D: It applies to both broadcast stations and cable systems. These limits are designed to ensure that advertising during children's programming is not excessive and adheres to specific guidelines. If you need more information, feel free to ask!
Which of the following is not part of the Central Hudson test? Group of answer choices A. The size and impact of the commercial speech. B. Whether the ad is false, misleading, or for an illegal product. C. The government’s interest in the regulation. D. Whether the regulation directly advances the government interest.
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The correct answer for the Central Hudson test question is A. The size and impact of the commercial speech. This is not part of the Central Hudson test, which instead focuses on assessing whether the speech is misleading or related to illegal activity, the government's interest in regulation, whether the regulation directly advances that interest, and whether it is not more extensive than necessary.
In the English common law, which of the following elements or ideas was not true regarding the crime of seditious libel? Group of answer choices A. The law provided criminal punishment for criticism of government officials. B. The law provided criminal punishment only for false criticisms of government, whereas true criticisms were permitted. C. At one time, the law punished only those who criticized government officials but also those who criticized the clergy. D. Among the sanctions that could be imposed on those who committed seditious libel was the punishment of imprisonment.
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In English common law, the statement that was not true regarding the crime of seditious libel is:
B. The law provided criminal punishment only for false criticisms of government, whereas true criticisms were permitted.
Which of the following statements best describes the rule established in New York Times v. Sullivan, * U.S. * (*)? Group of answer choices A. Advertisements masquerading as political statements receive a low level of First Amendment protection, akin to indecency. B. Public official libel plaintiffs must prove actual malice. C. States can determine the level of fault for public person libel plaintiffs. D. False statements in an advertisement shift the burden of proof to the defendant.
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The best description of the rule established in New York Times v. Sullivan is:
B. Public official libel plaintiffs must prove actual malice.
This landmark case set the standard that public officials must demonstrate actual malice to win a libel suit, thus providing strong First Amendment protections for speech related to public officials. If you have more questions, feel free to ask!
Under defamation law, an original publisher is anyone who has played a part in the original publication of the defamatory statement. Authors, their book publishers, newspaper reporters and editors, are all considered original publishers and could be held liable for defamatory statements. Group of answer choices True False
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The statement about defamation law is generally true. If you have questions about liability or need more information about defamation law, feel free to ask! Is there anything specific you want to know regarding defamation or related legal issues in North Carolina?
Prior restraints on expression are per se prohibited by the First Amendment and are never permissible.
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Prior restraints are not categorically prohibited but are heavily scrutinized under the First Amendment. Courts require a compelling justification to impose such restraints. In North Carolina, and throughout the U.S., prior restraint generally refers to government actions that prevent speech before it occurs. Do you have a specific situation involving prior restraint that you need help with?
true of false: Prior restraints on expression are per se prohibited by the First Amendment and are never permissible.
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False. Prior restraints on expression are not per se prohibited by the First Amendment; they are subject to strict scrutiny and generally disfavored, requiring a compelling governmental interest to justify them. Would you like more information on this topic or any related legal matter?
Based on the following citation to a court opinion, which court issued it? Elliott v. Google, Inc., * F.3d * (9th Cir. *). Group of answer choices A. The U.S. Supreme Court. B. The Ninth Circuit Court of Appeals. C. The District Court for the Northern District of California. D. Based on the citation you cannot tell which court issued it.
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The answer is B. The Ninth Circuit Court of Appeals. The citation "* F.3d *" indicates a decision from the Federal Reporter, Third Series, which publishes decisions from the U.S. Courts of Appeals, including the Ninth Circuit.
true of false: A law which discriminates against particular speech based on viewpoint or subject-matter is presumptively invalid.
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True. A law that discriminates against speech based on viewpoint or subject-matter is presumptively invalid under the First Amendment, as content-based regulations require strict scrutiny and must serve a compelling governmental interest.
The U.S. Supreme Court case, Marbury v. Madison, established what power? Group of answer choices A. The power of legislatures to enact statutes. B. The power of U.S. citizens to elect their representatives. C. The power of states to jail criminals. D. The power of courts to interpret laws.
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The U.S. Supreme Court case, Marbury v. Madison, established the power of courts to interpret laws, known as judicial review.
If you have any other questions or need further information, feel free to ask!