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Q:
A trademark is a word, name, symbol, or design used to identify a companys goods.
Q:
A word, name, or symbol must be distinctive to be eligible for a trademark.
Q:
Trademark law does not protect internet domain names.
Q:
Sandy, a reporter for KSOX-TV, videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m. news. KSOX ______.
Q:
The videotape made by the KSOX crew in the previous question is called a ______.
a. registered work
b. trademarked videotape
c. work made for hire
d. licensed videotape
Q:
Kim is a freelance journalist who writes a story about river pollution. Kim's copyright on the story will last for ______ a. 125 years from the date he wrote the story b. his lifetime plus 70 more years c. 28 years, renewable for another 28 years d. 75 years
Q:
Which of the following is the true statement about copyright in fringement cases? a. A plaintiff must show proof of copying. b. Sometimes expert testimony is allowed, especially in highly technical cases. c. Juries are empowered to play a central role in determining questions of substantial similarity. d. all of these
Q:
To sue for copyright infringement under the current U.S. copyright law, a copyright holder must ____ a. register the copyright before the infringement takes place b. register the copyright before suing c. mail a copy of the copyrighted work to himself or herself d. do nothing except hire a lawyer
Q:
The most distinctive category of trademarks is ______.
a. fanciful marks
b. arbitrary marks
c. suggestive marks
d. descriptive marks
Q:
a. Digital Millennium Copyright Act b. 1976 Copyright Act c. Communication Act of 1934 d. Berne Convention
Q:
Which of the following is defined as an invented mark or a made-up word?
a. arbitrary mark
b. fanciful mark
c. suggestive mark
d. descriptive mark
Q:
Which of the following marks is the most distinct and therefore most likely to receive trademark protection?
a. arbitrary mark
b. fanciful mark
c. suggestive mark
d. descriptive mark
Q:
What is trademark tacking? a. allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark b. a form of trademark infringement c. refers to the concept that trademark law takes precedence over domain registration in internet trademark claims d. a form of trademark dilution
Q:
a. scientific discoveries b. historical events c. a story published on a newspapers front page d. all of these
Q:
On its newscasts and without permission, a radio station reads stories from the local daily newspapers front page. The paper likely will be successful suing for ______.
a. violation of the Berne Convention
b. trademark infringement
c. unfair competition
d. plagiarism
Q:
In 2001, the FCC tried to clarify its indecency standards by adopting guidelines. What were those guidelines?
Q:
Summarize the Supreme Courts decision in FCC v. Fox Television Stations, Inc. (2009).
Q:
Explain what the PROTECT Act is and why the Supreme Court found it constitutional.
Q:
Ans: D
Q:
a. it is created c. the creator thinks of the original idea d. it is registered
Q:
Congress adopted the Child Pornography Prevention Act in 1996, criminalizing the sending or possessing of digital images of children in sexual poses or activities, even if the images were not of real children or were of adults who looked young. The Supreme Court found the law unconstitutional because children were not being involved in the sex trade.
Q:
U.S. law allows child pornography victims to seek restitution not only from the person who created the images but also from those who possess the pictures.
Q:
Sexting that involves a minor, even if consensual, is considered child pornography in some jurisdictions.
Q:
In the past, the Supreme Court has allowed government censorship boards to license films for exhibition.
Q:
Authorities have tried to control obscenity using laws that target organized crime.
Q:
Indecency is the same as obscenity.
Q:
The law forbids the FCC from censoring radio or television broadcasts.
Q:
What are the three parts of the Miller v. California test for obscenity?
Q:
A book publisher decides to reprint a novel, The Genius, by Theodore Dreiser, considered by many literary experts to be one of the leading writers of the early 20th century. A district attorney (running for reelection) prosecutes a local bookstore owner under the states obscenity laws for selling a copy of the reprinted novel. The basis of the prosecution is that the book contains the following passage: She accepted first the pressure of his arm, then the slow gentleness with which he caressed her. Resistance seemed almost impossible now, for he held her closetight within the range of his magnetism. When finally she felt the pressure of his hand upon her quivering limbs, she threw herself back in a transport of agony and delight. No, no, Eugene, she begged. No, no! Save me from myself. Oh, Eugene! A jury found the book obscene based on that excerpt (the only part of the book to which the district attorney objected). Will that conviction be upheld on appeal? Why or why not? Discuss the complete test a court would apply.
Q:
On local cable television systems, indecent content is permitted between 10 p.m. and 6 a.m. only.
Q:
In addition to the federal law, all states and the District of Columbia have child pornography laws.
Q:
The First Amendment does not protect using indecent language in print, on the internet or in broadcasting.
Q:
Anthony Comstock convinced the U.S. Congress to adopt a law making it illegal to mail obscene materials.
Q:
Laws originally intended for use against organized crime can be used to seize certain assets of people convicted of selling obscene material.
Q:
The courts rulings about broadcast indecency are an attempt to balance broadcasters First Amendment rights and Congresss decision that indecent material cannot be on broadcast radio and television at any time.
Q:
Courts have held that the First Amendment protects violent content in the mass media.
Q:
Courts have ruled that cities may not use zoning laws to restrict adult bookstores and adult theaters to one area of the city.
Q:
A cable television network wants to run a prize-winning drama with adult themes and explicit references to sexual matters (but not meeting the definition of obscenity). To comply with the law, the station must run the play between 10 p.m. and 6 a.m.
Q:
Which of the following is a TRUE statement about broadcasting indecent material?
a. Strictly speaking, broadcasting indecent material at any time violates federal law.
b. The FCC, with court approval, agreed not to take action against indecent broadcasts aired at times when few children are expected to be in the audience.
c. The 10 p.m. to 6 a.m. period is a safe harbor, a time when stations safely may broadcast material that does not fully comply with the laws indecency ban.
d. all of these
Q:
What is the focus of the Childrens Internet Protection Act (CIPA), which the Supreme Court has found constitutional? a. This law focused on schools and libraries that receive federal money. b. The CIPA would stop money from going to schools and libraries that do not install technology protection measures on their computers accessing the internet. c. Those schools and libraries wanting to continue receiving federal funds would have to install filtering software that blocks obscenity, child pornography, or material harmful to minors. d. all of these
Q:
The word pornography is not defined in the law except when used in the phrase child pornography.
Q:
Sending obscene material over the internet ______.
a. cannot be successfully prosecuted because the internet is a nationwide mass medium
b. cannot be successfully prosecuted because there is no local community whose standards apply to the internet
c. cannot be successfully prosecuted because the First Amendment protects all internet content
d. may be successfully prosecuted
Q:
The current obscenity test requires that to be found obscene, material must ______.
a. be utterly without redeeming social value
b. be dangerous to women
c. include children as actors
d. include violent scenes
e. none of these
Q:
In ruling on the Communications Decency Act, part of the Telecommunications Act of 1996, the U.S. Supreme Court held ______.
a. the FCC may regulate the internet the same way it regulates broadcast stations
b. Congress may never regulate the internet
c. the Communications Decency Act is constitutional
d. the First Amendment protects indecent material on the internet
Q:
What is pornography?
a. a narrow legal term referring to sexual expression and expletives inappropriate for children on broadcast radio and television
b. a vaguenot legally preciseterm for sexually oriented material
c. material relating to sex in an indecent, very offensive or shocking way
d. all of these
Q:
Which Supreme Court case includes the current legal test for obscenity?
a. Miller v. California
b. FCC v. Pacifica Foundation
c. Reno v. ACLU
d. Roth v. United States
Q:
According to the Supreme Courts decision in Paroline v. United States, which of the following is true (related to victims of child pornography)?
a. Victims can never recover damages from those who possess child pornography.
b. A victim need to show only that he was harmed by the image being in circulation and anyone found guilty of possessing that image may be liable for damages.
c. A victim should only receive restitution in an amount that represents the extent to which the defendant caused the victims losses.
d. none of these
Q:
In applying the first part of the current obscenity test, jurors are supposed to determine if material appeals to the prurient interest based on ______.
a. a standard established by the trial judge
b. the jurors own standards
c. a nationwide standard
d. the jurors assessment of the communitys standards
Q:
Variable obscenity is a term applied to ______.
a. material in which children are portrayed in sexual situations
b. material that is obscene if distributed to children but not obscene if distributed to adults
c. the fact that obscenity definitions vary from state to state
d. material allowed on cable television but not on over-the-air television
Q:
Material that uses minors in sexual poses is called ______.
a. prior restraint
b. child pornography
c. variable obscenity
d. patent offensiveness
Q:
In the privacy of ones home, the First Amendment ______.
a. protects possessing obscene material
b. protects possessing child pornography
c. does not protect possessing indecent material
d. protects possessing obscene material and child pornography
Q:
The reason the FCC can regulate cable is because it uses the spectrum to broadcast its signals, just as broadcasting does.
Q:
May a broadcast station or cable system refuse to sell advertising time to the first legally qualified candidate for a statewide or local elective office who asks to buy time? Why or why not?
Q:
May a broadcast station or cable system refuse to sell advertising time to the first legally qualified candidate for the U.S. Senate who asks to buy time? Why or why not?
Q:
During the general election period you interview Tom Tillson, a Democratic candidate for governor, on Questions and Responses. You have been running Questions and Responses as a one-hour news interview program every Sunday morning for the last seven years. The next day, Michelle Fuller, who is running as a Republican for governor, calls you and says, Since you put my opponent on the air for free, you must do the same for me. Is she correct? Why or why not?
Q:
In the United States, ______.
a. obscenity is protected under the First Amendment
b. obscenity is not protected under the First Amendment
c. obscenity is protected under the First Amendment in print media but not broadcast media
d. indecency is not protected under the First Amendment in print media
Q:
Under the Hicklin v. Regina definition, material was obscene if it ______.
a. was highly offensive to a reasonable person
b. was patently offensive to adults
c. tended to corrupt those whose minds were open to immoral influences
d. appealed to the prurient interest as measured by contemporary community standards
Q:
The Supreme Court has said the patently offensive part of the obscenity test ______.
a. must at least meet standards the Supreme Court has set
b. is up to the jury to define
c. is the same as the prurient interest part of the obscenity test
d. may be defined by state law in any way the state wants
Q:
The current test used in the United States to determine if material is obscene ______.
a. is a balancing test
b. requires that all three prongs of the test be met
c. says material is obscene if it tends to corrupt those whose minds are open to immoral influences
d. says material is obscene if it is utterly without social value
Q:
The Supreme Court has ruled that must-carry rules for MVPDs are content-neutral because they do not dictate specific programming.
Q:
In overturning a congressional attempt to limit online sexual expression, the Supreme Court held in Reno v. American Civil Liberties Association (ACLU) that the internet has complete First Amendment protection.
Q:
The FCC has classified direct broadcast satellite service as broadcasting.
Q:
Cable and MVPD laws allow franchising authorities to require local cable systems to provide access channels for public, educational, and government use.
Q:
Cable and MVPD laws forbid television stations from requiring a local cable system to delete certain programs.
Q:
The U.S. Supreme Court held that the internet has full First Amendment protection, similar to print media.
Q:
Before, after, and during childrens television programs, stations may run no more than 10 1/2 minutes of commercials during weekends, and 12 minutes of commercials during weekdays.
Q:
On-the-spot coverage of bona fide news events is an exception to the use rule under Section 315.
Q:
Programs like The Howard Stern Show or The Jerry Springer Show are exceptions to the use rule because they often discuss current events.
Q:
FCC regulations require any commercial on a broadcast station to identify who paid for a political or candidate ad.
Q:
Generally speaking, how does the FCC justify its regulations?
a. It is working in the public interest.
b. It is upholding the First Amendment.
c. It is protecting the commercial interests of broadcasters.
d. all of these
Q:
What is FirstNet?
a. another term for net neutrality
b. a broadband network dedicated exclusively to the public safety community
c. a limitation that arises because only a certain number of broadcast radio and television stations in a geographical area may use the spectrum without causing interference.
d. a new TV network
Q:
Which of the following is an example of a multichannel video programming distributor?
a. DirecTV
b. HBO
c. CBS
d. PBS
Q:
At the heart of the FCCs most recent net neutrality ruling is ______.
a. the change in classification of an ISP to a telecommunications service
b. the change in classification of an ISP to an information service
c. a rejection of the concept of net neutrality
d. the idea that it is not appropriate for the FCC to regulate ISPs
Q:
Which of the following does the 2105 FCC Open Internet Order ban?
a. throttling
b. paid prioritization
c. blocking
d. all of these
Q:
The FCC has regulatory jurisdiction over which of the following? a. broadcast only b. broadcast and internet c. broadcast, MVPD, OVD, and broadband d. internet, MVPD, and cable
Q:
An FCC license is not required to operate a radio station that has a signal reaching only two or three miles from its transmitter in the United States.
Q:
Cable television began in the late 1940s because mountains and other barriers prevented local television station signals from reaching some peoples homes.
Q:
Cable television regulation is in the hands of city governments exclusively; the U.S. Congress has adopted no cable television laws.
Q:
Which provisions of MVPD law allow cable or satellite systems to provide local TV station signals to the systems customers? a. must carry and retransmission consent d. retransmission consent and cable access permission
Q:
The Federal Communications Commissions funding comes from ______.
a. the U.S. presidents office
b. Congress
c. broadcast station owners
d. car washes