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Question
When determining the similarity of one work to another in an infringement question, some courts use a two-part test that asks whether the two works
A.have the same kinds of characters and have the same kinds of scenes.
B.appeared at about the same time and are in the same medium (e.g., both are films).
C.have the same general theme and express this theme in the same way.
D.are in the same medium and have the same kinds of characters.
Answer
This answer is hidden. It contains 1 characters.
Related questions
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Places like prisons, military bases and utility poles typically are treated by courts to be designated public forums.
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Identify three things that the Clery Act requires of all colleges and universities that participate in federal student-aid programs.
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In the case of Barber v. Dearborn Public Schools involving a t-shirt that carried a political message, a federal judge applied the rule and precedent from which of the following four U.S. Supreme Court decisions?
A.Tinker v. Des Moines Independent Community School District
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C.Bethel School District v. Fraser
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In order to justify censorship of the speech of a public school student that is sexually lewd, vulgar or offensive, a principal would be wise to look to the precedent and rule created by the U.S. Supreme Court in which one of the following cases?
A.Tinker v. Des Moines Independent Community School District
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The First Amendment was an effective tool in blocking prosecutions under the Espionage Act of 1917.
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Identify the two basic elements or parts of the symbolic speech doctrine.
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Several decades prior to the community censorship involving the Dixie Chicks in 2003, country music stations refused to play the songs of another female country music performer. As described in the textbook, who was the performer and what were the songs in question about?
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The case of United States v. Bell involved a prior restraint on:
A.national security secrets.
B.fraudulent tax advice.
C.a newspaper publishing false statements about public officials.
D.a newspaper publishing false statements about a child.
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A primary goal of free speech in Meiklejohnian theory is:
A.self-realization.
B.the voting of wise decisions.
C.protecting artistic expression.
D.discovery of the truth.
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25.Advertising agencies and the mass media can also be held responsible for false advertisements.
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22.The government may regulate the advertising of a completely legal product or service.
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18.One of the most notorious individuals who has run of the FTC regulations for his infomercials is a man named __________.
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8.In 2012, the FTC reached settlements with which of the following companies over alleged privacy violations?
A.MySpace
B.Facebook
C.Both MySpace and Facebook
D.Neither MySpace nor Facebook
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7.Under the commercial speech doctrine, the government must prove that it has what type of an interest to justify a regulation a regulation on a truthful advertisement for a lawful product?
A.a compelling interest
B.a substantial interest
C.a probable interest
D.a reasonable interest
Q:
The Privacy Protection Act of 1980 came as a legislative response to which one of the following U.S. Supreme Court cases?
A.Cohen v. Cowles Media Co.
B.Reporters Committee v. AT&T
C.Branzburg v. Hayes
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In determining whether to award attorney fees to a plaintiff who has prevailed in a FOIA lawsuit against a government agency, courts often consider:
A.the wealth of the plaintiff prior to the lawsuit
B.the commercial benefit to the plaintiff of obtaining the information
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A.no-party consent states.
B.one-party consent states.
C.all-party consent states.
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The two areas of the law of privacy that currently seem most affected by the Internet are
A.appropriation and intrusion.
B.appropriation and public disclosure of private facts.
C.public disclosure of private facts and intrusion.
D.false light and private facts.
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Which of the following would provide a plaintiff with a strong chance of winning a private facts lawsuit?
A.Publication of the school records of a student charged with shooting a classmate during a gym class.
B.Publication of the contents of a conversation between a man and a woman sitting in a booth in a Denny's restaurant that was overheard by a reporter.
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A corporation enjoys the same personal right of privacy as a living person.
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The intrusion tort differs from other right to privacy torts (appropriation, public disclosure of private facts and false light) because:
A.publication is not required to establish a legitimate cause of action for intrusion.
B.intrusion is recognized in only a minority of the states in the nation.
C.while litigation in the other three tort areas has grown sharply in the past two decades, the number of intrusion cases has dropped sharply.
D.only celebrities or well-known individuals can successfully sue for intrusion.
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The statute of limitations in most states is three years.
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Defenses against libel actions, in addition to qualified privilege and the opinion defenses, include
A.consent and innocent action.
B.right of reply and innocent action.
C.consent and right of reply.
D.innocent action and mitigating circumstances.
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The libel defense of neutral reportage
A.emerged in England in the 1800s.
B.protects exaggerated opinion statements.
C.has been accepted by most state courts.
D.None of the above is correct.