What is the Sherman/Clayton Act?
Makes it illegal to engage in activity that ruins competition.
Overselling wording in news releases announcing acquisitions and divestitures can be cited as violations.
Overselling wording in news releases announcing acquisitions and divestitures can be cited as violations.
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What are the Securities Act of 1933 and the Security Exchange Act of 1934?
Contain checks and balances for securities-related actions.
(1934 - mandates disclosure)
(1934 - mandates disclosure)
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What is the right of privacy?
This law ensures an individual's right to be left alone and can be violated if names, likenesses, and/or information is used for commercial purposes.
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What is statutory copyright and how it it obtained?
An author must submit to the Library of Congress and display the copyright symbol on the material.
Use of the copyright symbol must be on the very first copy sold or publicly distributed.
Use of the copyright symbol must be on the very first copy sold or publicly distributed.
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What is fair comment?
Insulates a reporter or publication against defamation. The information must be related to community interest with the subject.
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What is fair use?
This law allows use or parts of copyrighted materials without violating copyright laws and without paying a royalty or fee when used for: criticism, comment, news reporting, teaching, scholarship or research.
Applies to the distribution of: music, photographs, videos, software, printed works.
Drawing the line as to what is fair use is one of the most difficult problems of copyright law.
Applies to the distribution of: music, photographs, videos, software, printed works.
Drawing the line as to what is fair use is one of the most difficult problems of copyright law.
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What is common law copyright? How long does it last?
An author who creates a tangible expression of his or her ideas immediately acquires common law copyright.
It continues until the author dedicates work to the general public by a general publication, or surrenders common law copyright to obtain specific statutory copyright protection.
It continues until the author dedicates work to the general public by a general publication, or surrenders common law copyright to obtain specific statutory copyright protection.
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How do copyright laws apply to Internet references?
Adhere to traditional copyright procedures
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What are the 4 torts of privacy?
Intrusion - intruding into someone's private affairs
Public disclosure - sharing private information
False light - Painting a false picture of someone
Appropriation - using their name or likeness for your advantage
Public disclosure - sharing private information
False light - Painting a false picture of someone
Appropriation - using their name or likeness for your advantage
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What outweighs privacy interests in public interest involving public officials or public figures participating in public proceedings?
Newsworthiness
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Communications Act of 1934
Created the FCC and gave them the power to make and enforce policies for broadcasting and licensing for station operators
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Freedom of Information Act of 1966
promotes full disclosure from the executive branch of government. Applies only to tangible items of informaiton but not intangible information.
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When does public ownership of creative material exist in the public domain?
When a copyright has expired, when an author has never claimed copyright and when the materials were produced by government employees on government-paid time.
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What are the eight categories of works that can be copyrighted?
literary works
musical works
dramatic works
pantomimes
artwork (pictures, sculptures, etc.)
motion pictures
sound recordings
architectural works
musical works
dramatic works
pantomimes
artwork (pictures, sculptures, etc.)
motion pictures
sound recordings
architectural works
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What three elements must a copyright notice have?
the word "Copyright" (abbreviation Copr. or copywrite symbol)
the year of first publication
the name of the copyright owner
*formal registration is required to file suit
the year of first publication
the name of the copyright owner
*formal registration is required to file suit
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How long is a copyright applicable to visual art created after 1990?
Lifetime of the artist only
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Who owns the copyright when something is made by an employee as part of his/her employment?
The employer
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What three things must a copyright owner show proof of when suing for infringment of their copyright?
Originality of the work
Probably access by the infringer
Substantial similarity of the unauthorized work to the original
Probably access by the infringer
Substantial similarity of the unauthorized work to the original
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What is a trademark?
Words, names, and symbols used by companies to identify and distinguish their goods or services from those of another
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How long does a trademark registration last?
10 years, with 10-year renewals granted for a long as the mark is used in commerce
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Treble damages
Able to be recovered after a successful infringement suit
The persons who infringed the trademark must pay the owner three times the infringer's profits from using the mark or three times the damages sustained by the legal owner, whichever is greater.
The persons who infringed the trademark must pay the owner three times the infringer's profits from using the mark or three times the damages sustained by the legal owner, whichever is greater.
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Who has the burden of proof in libel actions? What must be proved?
The plaintiff has the burden of proof.
Must prove:
• Defamation - intentional false communication that injures another's reputation or good name
• Publication
• Identification
• Retraction - requested by the plantiff
• Fault
Must prove:
• Defamation - intentional false communication that injures another's reputation or good name
• Publication
• Identification
• Retraction - requested by the plantiff
• Fault
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What is the standard of proof for public figures?
Actual malice
(The false statement is made with knowledge that it was false or with reckless disregard to its truthfulness.)
(The false statement is made with knowledge that it was false or with reckless disregard to its truthfulness.)
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What is the standard of proof for private figures?
The failure to act as a reasonable person would in similar circumstances.
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What are the legal defenses for libel?
Summary judgement (insufficient evidence)
Statute of limitations
Truth
Opinion
Privilege
SSTOP
Statute of limitations
Truth
Opinion
Privilege
SSTOP
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How long does copyright protection last for works after 1978?
The life of the author plus 70 years.
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How long does copyright protection last for an anonymous work, a pseudonymous work, or a work made for hire?
95 years from its first publication or 120 years from the date of its creation, whichever expires first
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Kartensatzinfo:
Autor: Erin
Oberthema: Business
Thema: Public Relations
Veröffentlicht: 19.11.2011
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