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MGMT 446 Entertainment Law
Midterm Chpts 2-6 Test With
Complete Solution
Media is typically free of ______, so long as it is in the public interest - ANSWER liability
What does the 1st Amendment allocate to the media? - ANSWER lots of protection
What condition must the media meet to be free of liability? - ANSWER It must be in the public interest.
What questions should the media ask themselves when determining whether something is newsworthy? - ANSWER Is it newsworthy? Does the public have a right to know?
How have courts become more inclined to restrict access to celebrities over time? - ANSWER They restrict not only their right to privacy but also their publicity rights.
What was the only accountable standard the media was held to in the past? - ANSWER defamation
Who usually files most defamation lawsuits against the media? - ANSWER entertainers
In what proportion of defamation lawsuits does the plaintiff win in summary judgment? - ANSWER 3/
What happens if a defamation case goes to trial? - ANSWER The plaintiff usually still wins.
What are the five elements of defamation? - ANSWER Statement has been made about the plaintiff; statement was made to a third party; statement harmed the plaintiff's reputation (damages); statement was false; and malice (only applicable to public figures/officials).
What is malice in the context of defamation? - ANSWER It is the intention of the defendant to cause harm, such as knowing that the statement was false or acting with reckless disregard for the statement's truth.
How do you know if malice applies to the media? - ANSWER The author entertained significant doubt as to the statement's truth but published it anyway without undertaking a real investigation.
What are publicity rights? - ANSWER The right that someone has to their name and likeness that is being used for commercial purposes.
What does privacy actionable mean? - ANSWER It means unlawfully intruding into a person's private affairs, disclosing private facts, holding a person out in a false light, and appropriating name and likeness for commercial gain.
What is defamation? - ANSWER It is a tort that imposes liability for insulting another's integrity, honor, and reputation.
What is a docudrama? - ANSWER It is a dramatization of a historical event that is a creative interpretation of reality and embellishment, which does not establish actual malice and does not purport to characterize events accurately.
What is required when filming someone for a documentary? - ANSWER
what contracts do son of sam laws apply - ANSWER Son of Sam laws apply to contracts entered into by accused criminals regarding their stories and require their publishers to turn over profits to a general state managed trust fund held for 5 years on behalf of the victims of their criminal acts in escrow to allow victims to seek payment on a damages award.
What is the legitimate interest of the state regarding criminal celebrities? - ANSWER The state has a legitimate interest in seeing victims are compensated.
Does the First Amendment trump the Son of Sam laws? - ANSWER yes
Does publicity trump First Amendment rights? - ANSWER Yes, publicity rights trump First Amendment rights.
How can the right to publicity be enforced? - ANSWER through a contract
How are publicity rights balanced with First Amendment rights? - ANSWER Publicity rights are balanced with interests embodied in the First Amendment of freedom of artistic expression.
What is required for the creative use of an individual's likeness or information? - ANSWER When it comes to using an individual's likeness or information without permission, the depiction must have a creative component such as satire, parody, or criticism.
What is the purpose of Son of Sam laws? - ANSWER Son of Sam laws require any profits from a criminal's story to be put into an escrow account for victims for 5 years.
Can celebrities be paid for licensing rights? - ANSWER yes, in order to avoid legal issues
Is using a celebrity's likeness without permission an invasion of their publicity rights? - ANSWER Yes, using a celebrity's likeness without permission is an invasion of their publicity rights, unless it's a transformative work.
True or False: Private property rights trump first amendment rights in respect to both public and private uses. - ANSWER true
What is the first requirement for copyright infringement? - ANSWER access
What is the second requirement for copyright infringement? - ANSWER Substantial similarity
What is originality in copyright law? - ANSWER It requires independent creation of new intellectual products, intrinsically different from research and discovery of already existing facts
What is fixation in copyright law? - ANSWER It refers to the tangible medium of expression in which a work is preserved.
What is access in copyright law? - ANSWER It refers to whether the infringer had access to the prior work and subsequently copied it.
What is the scenes-a-faire doctrine in copyright law? - ANSWER It refers to scenes that necessarily result from the choice of the setting, location of the story, or situation that are not copyrightable.
Can historical facts be copyrighted? - ANSWER no
What is substantial similarity in copyright law? - ANSWER It refers to taking the "heart" of the work and republishing it, even if only a little amount was copied.
protection? - ANSWER no
Can a compilation of facts be copyrightable? - ANSWER Yes, if it is compiled or portrayed in a unique way.
Is publication necessary for copyright protection? - ANSWER No, but the work must be reduced to a tangible medium.
What is an example of a derivative work in copyright law? - ANSWER A book based on a ballet
How can access be proven in copyright infringement cases? - ANSWER Through direct or circumstantial evidence
Can subconscious access lead to copyright infringement? - ANSWER Yes, even if there was no intent.
What is the impact of technology on copyright law? - ANSWER Copyright law became indispensable in the relationship between the producer and the consumer of intellectual works when technology came onto the scene.
How have new technology and media platforms changed the entertainment
law world? - ANSWER New technology and media platforms have changed the entertainment law world.
What does copyright law now cover that it didn't previously? - ANSWER Copyright law has expanded to cover derivative works resulting from the original work.
What did producers of television programs want when their shows were viewed on cable? - ANSWER Producers of television programs wanted payment when viewed on cable.
What did secondary market studios do with regards to licensing to networks?
- ANSWER Secondary market studios licensed to the networks the right to show movies that previously appeared in theaters.
What did producers of shows/movies want regarding cable profits? - ANSWER Producers of shows/movies wanted a portion of the cable profits.
Are carriers involved with "public performance"? - ANSWER Any carrier (cable company) that has no direct or indirect control of the primary transmission and whose activities just provide wires, cable, or other communication channels are not involved with "public performance."
news reporting, teaching, research.
Is consent needed for reproduction for non-commercial purposes? - ANSWER No, consent is not needed for reproduction for non-commercial purposes.
Does reproduction for commercial purposes require a licensing agreement with the copyright holder? - ANSWER Yes, reproduction for commercial purposes requires a licensing agreement with the copyright holder.
What must be considered with regards to the effect of use on potential market for or value of the copyrighted material? - ANSWER The effect of use on potential market for or value of the copyrighted material must be considered.
What is the First Sale Doctrine? - ANSWER The First Sale Doctrine is the owner of a particular copy of copyrighted material can sell or dispose of it without the permission of the copyright owner.
What does the First Sale Doctrine allow the owner of a copy of copyrighted material to do? - ANSWER The First Sale Doctrine allows the owner of a copy of copyrighted material to use the work in any way they want to. Once purchased, the product can be used, sold, rented, or destroyed.
Must a copyright holder be licensed for commercial purposes? - ANSWER Yes, a copyright holder must be licensed for commercial purposes.
Technology offers benefits to _____________ in accessing online movies, music, and TV shows? - ANSWER Technology offers benefits to performers and consumers in accessing online movies, music, and TV shows.
What are alternative sources of intellectual property rights? - ANSWER Protecting Intellectual Property Assets, Artistic Credit, Union Jurisdiction and Negotiations, Screen Credits, Palming Off and Reverse Passing Off, Moral Rights and Creative Control, and Trademark Law.
What do trademark claims protect? - ANSWER Trademark claims can protect creative efforts, even when copyrights have been relinquished to others (i.e. employers or production companies).
What are the ramifications of assigning or transferring an interest in intellectual property? - ANSWER The loss of control over how the work is used or distributed.
Why are screen credits important for actors and screenwriters? - ANSWER Screen credits secure future employment, reputation benefits, and provide royalty shares in downstream financial streams.
are not working on the film constantly or at the same level of importance and creative influence
What do union negotiations set? - ANSWER Union negotiations only set a compensation floor, and thereafter it is up to the individual artist to negotiate compensation.
What is potential conflict when it comes to scriptwriting in the movie business? - ANSWER Potential conflict arises when there is collusion in scriptwriting, and there is an arbitration process to resolve such disputes.
What part do screen credits play in enabling actors to sell their future services? - ANSWER Screen credits play a critical part in enabling actors to sell their future services by letting directors, casting, etc. know who played certain characters
What are actors willing to risk to receive credits? - ANSWER Actors are willing to risk a great deal to receive credits, as receiving credits frequently results in a financial benefit to the actor in later works.
What can a breach of a contract relating to screen credit result in? - ANSWER A breach of a contract relating to screen credit can result in significant damages to the writer in subsequent employment opportunities.
What can a violation of an agreement regarding screen credit result in? - ANSWER A violation of an agreement regarding screen credit can result in large jury awards.
What is Palming Off? - ANSWER Palming Off is selling a product that is made by a business but falsely marketed as a trademarked good made by the trademark holder.
What is Reverse Passing Off? - ANSWER Reverse Passing Off is removing the name of the creator or source of a product and selling it with the seller's own mark. This denies the originator of the work the advertising value of their name and good will from public knowledge of the true originator of the work.
What was the issue in Lamothe v. Atlantic? - ANSWER The issue was whether Lamothe stated a claim under the Lanham Act.
What does the Lanham Act prohibit? - ANSWER The Lanham Act prohibits false advertising and copyright infringement by competitors. It protects
