Card Set Information

2010-12-10 23:54:58

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  1. 1976 copyright act
    this is the law which current copyright protection is guaranteed.
  2. cease and desist order
    an administrative agency order prohibiting a person or business from continuing a particular course of conduct. For example, the federal trade commission may order an advertiser to cease and desist from misleading consumers w/its advertising.
  3. copyright
    an exclusive legal right used to protect intellectual creations from unauthorized usage.
  4. corrective advertising
    in advertising, a requirement imposed by the federal trade commision forcing an advertiser to include information in future advertisements that corrects false or misleading claims made in previous ads.
  5. fair use
    a test courts use to determine whether using anothers copyrighted material w/o permission is fair or an infringement. Fair use test is also used in trademark infringement cases. ex: viacom vs. youtube
  6. federal trade commission
    a federal agency created in 1914. Its purpose is to promote free and fair competition in interstate commerce; this includes preventing false and misleading advertising.
  7. franchise
    a contract or agreement between a government, usually a city, and a cable system operator.
  8. hicklin rule
    a rule taken from a mid 19th century english case and used in the US until the mid 20th century that defines material as obscene if it corrupts children.
  9. indecency
    a narrow legal term referring to sexual expression inappropriate for children on broadcast radio and television.
  10. lanham act
    a federal law that regulates the trademark registration process, but that aso contains a section permitting business competitors to sue one another for false advertising.
  11. non duplication rules
    FCC regulations requiring cable systems not to carry certain programming that is available through local broadcast systems.
  12. notice of proposed rule making
    a notice issued by the FCC announcing that the commission is considering changing certain parts of its regulations or adopting new roles.
  13. patently offensive
    term describing material with hardcore sexual conduct.
    channels that cable systems set aside for public, educational, and govt usage.
  15. pornography
    a vague--not legally precise--term for sexually oriented material.
  16. prurient
    lustful thoughts or sexual desires
  17. public domain
    the sphere that includes material no protected by copyright law and therefore available for use without the creators permission.
  18. puffery
    advertising that exagerates the merits of products or services in such a way that no reasonable person would take the ad seriously. Usually, this is not illegal.
  19. retransmission consent
    part of the federal cable television law allowing broadcast television stations to negotiate.
  20. safe harbor
    an FCC policy designing 10 pm to 6 am as a time when broadcast radio and television stations may air indecent material w/o violating federal law or FCC regulations.
  21. standing
    the posisition of a plaintiff who has been injured or has been threatened with injury.
  22. substantiation
    in advertising, the authority of the FTC to demand that an advertiser prove the claims made in the advertisements.
  23. trademark
    a word, name, phrase, symbol, or design used to identify a companys goods and distinguish them from similar products other companies make.
  24. variable obscenity
    a concept that sexually oriented material would not meet the definition of obscenity if distributed to adults but would be found obscene if distributed to minors.
  25. vice products
    alcohol, beer, cigarettes, cigars, chewing tobacco
  26. work made for hire
    work created when working or another person or company. The copyright in a work made for hire belongs to the employer, not the creator.
  27. zapple rule
    a political broadcasting rule that allows a candidates supporters equal opportunity to use broadcast stations if the candidates opponents supporters use the stations.