Exam #3 Study Guide
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COMM 4454-Media Law

Exam #3 Study Guide

Spring 2001

Legal Terms from pages 633-640

administrative agency
appellant
appellate courts
appellee
ascertainment
candidate access rule
comparative license hearing
copyright
copyright notice
en banc
equal time rule
executive privilege
fairness doctrine
fair use
Federal Communications Act (1934)
Federal Communications Commission
grand jury
judgment of the court
judicial review
legal brief
licensing process
oral argument
personal attack rules
Radio Act of 1912
Radio Act of 1927
Section 312
Section 315
subpoena
summary judgment
variable obscenity statutes
verdict
Zapple Rule

Be prepared to write a short essay (half a page) about what the First Amendment means to you after taking this course. Reference your original writing assignment to note how your perspective has changed, if at all.

Chapter 13-Regulation of Obscene and Other Erotic Material-When was the first federal obscenity law adopted? (p. 460). What is the Comstock Act of 1873? (p. 462). What is the Hicklin rule based on Regina v. Hicklin (1868)? Know that the Roth-Memoirs test was developed after Hicklin and was far narrower than the Hicklin rule (based on Roth v. U.S. (1957). You don’t need to memorize the Roth-Memoirs test. Know the details of Miller v. California (1973) and its significance. You must know the Miller test for obscenity cold! This means you should have an understanding of an average person, community standards, patent offensiveness, and serious value. You are not expected to know specific cases that defined these notions, but you should understand there has been controversy over what these terms mean. What case declared a record obscene for the first time in America’s history? (p. 485). Know the history of the Communications Decency Act and the Child Online Protection Act (487-491). This history includes the ruling from Reno v. American Civil Liberties Union (1997). Be able to distinguish the differences between the CDA and the COPA. (p. 490). From your notes: Know the differences between obscenity and indecency. Define indecency. Key indecency case is FCC v. Pacifica (1978) (a.k.a. WBAI case). Know the details well. (p.604) What rationale did the courts use to rule that broadcasting could be regulated? What is the safe harbor? What is pornography?

Chapter 14-Copyright-What does copyright deal with? (p. 498). What is a patent? What is a trademark? (p.498). Offer examples. Define copyright, according to notes. First copyright law was in 1790, with major revisions in 1909 and 1976. What are the six exclusive rights for a copyright owner? (p. 506). What items can be copyrighted? (p. 507). What is duration of copyright for a person? (p. 514). Be familiar with the quirky duration requirements noted in the notes and the book. What is the duration for a corporation? Copyright symbol no longer required, but a good idea. Berne Convention (1989) made the symbol unnecessary. (p. 529-530) Copyright goes into effect when your original work is put into a tangible medium (note what copyright protection extends to-see notes). However, legal rights begin when you register your copyrighted material with the government. How do you register? (p. 530). What is fair use? What are the criteria used to determine fair use? (p. 516). Know the significance of Harper & Row Publishers v. Nation Enterprises (1985) (p. 520) and Campbell v. Acuff-Rose Music, Inc. (1994) (p. 524). What are the educational fair use guidelines under the purpose and character of use criteria of fair use? (p. 518). What are the 4 questions courts typically ask when determining the nature of the copyrighted work? (p. 519). What are the five possible rights for free-lancers? (p. 540) What damages or remedies can be sought for copyright infringement? (p. 541-542). Trademarks must be 3 things. What are they (see notes)? How do you register trademarks? (see notes).

Chapter 16-Telecommunications Regulation: History and Licensing-In addition to the terms associated with this chapter please know the information that follows. Where does the power of Congress to regulate the electronic media come from? What’s the difference between interstate and intrastate commerce for the purpose of regulation of electronic media? Why do we need independent regulatory agencies--also known as administrative agencies--like the FCC (we talked about two main reasons in class)? Are there any checks on the FCC? What is the PICON standard? What governmental functions do administrative agencies serve? Make sure you can explain each function. How many commissioners serve in the FCC? What are the FCC enforcement powers? What is a Notice of Proposed Rulemaking? What is a Report and Order? Make sure you know the FCC rule-making process? Make sure you know the licensing process, including the requirement of obtaining a construction permit, the licensee qualifications, the meaning of a "mutually exclusive application," and the process of awarding licenses by auction. (p. 590-594) What is the significance of the Office of Communication, United Church of Christ v. FCC (1966) case (a.k.a. WLBT case)? (p. 595). Radio and TV stations must renew their licenses every 8 years, according to the Telecommunications Act of 1996. Know that this is a change from previous legislation.

Chapter 17-Telecommunications Regulation: Content Controls and Cable

What are the limits the Children’s Television Act (CTA) of 1990 places on advertising during children’s programs? What age group must the program be targeted to? (12 or younger) What is the difference between the requirement that there be a separation between a program and commercials and the ban on program-length commercials? The CTA also requires that b/casters air educational programs to children ages 16 and under. What is the minimum number of hours required each week (as regulated by the Telecom Act of 1996)? Know what the V-chip is? What will be rated? What will not be rated? What is the difference between content-based ratings and age-based ratings? Provide examples of each. What is "happy violence?" Why is it a problem? What does the term "equal opportunity" mean? What is the actual requirement of Section 315 - the equal opportunity provision of the Communications Act? (p. 610) What candidates does 315 apply to? (p. 610) What are the exceptions to Section 315? (p. 612-614) What is the Lowest Unit Charge (LUC) provision of Section 315? When does the LUC apply? (see notes) What is the candidate access rule stated in Section 312 of the Federal Communications Act? (p. 608) Who does it apply to? How are the reasonable access requirements different from those under Section 315? What is the fairness doctrine? Is it still in effect? Know the details of Red Lion Broadcasting, Co. v. FCC (1969) (p. 619). What was the final ruling? Can broadcast stations endorse political candidates in editorials? What obligations do the broadcast of a political editorial trigger? (i.e., the political editorialization rules) (p. 620). Make sure you know all that is required of a broadcaster in those circumstances. What is the personal attack rule? What things must a broadcaster do when a person is attacked? (p. 620) Who licenses cable? (p. 623-624) What is the cable license called? (p. 625) What aspects of cable did the FCC regulate before the Telecom Act of 1996? What aspects of cable does local government oversee? What’s the average length of a cable franchise? What is must carry? What is retransmission consent? How often is the must carry/retransmission consent renewed? Know the ruling in Turner Broadcasting System, Inc. v. FCC (1997). Why would a station choose retransmission consent over must carry? How much of a cable system channel capacity must be reserved for must carry/retransmission consent? (1/3 of capacity).

B.L. Yates 2001