• The physical or technological violation of another's privacy
• Must be in a location where on would expect to have privacy
• No publication requirement

• Journalists can be held liable for entering onto provate property, even when accompanying a government official

• When publication involves omission or half-truths
• Usually those suing for libel also sue for false light

1. Highly Offensive
2. Publication
3. Fault of knowingly false or reckless disregard for the truth

Truth

Absolute Privileges

Consent

Conditional Privileges

4 Defenses of Libel:

Truth:

4 defenses of libel:

Absolute Privileges:

• Protected from liability based on position or status
• Ex/ Judicial/Legislative proceedings, Executive statements/publications, Publications between spouses, Publications required by law

4 defenses of libel:

Consent:

• When a plaintiff consents to the publication of defamatory matter
• Consent is a complete defense to defamation

4 defenses of libel:

Conditional Privileges:

• Apply to various types of communications
• Ex/Neutral reportage
• Ex/Statements made for protection of publisher's interest
• Statements made for the protection of the interests of a third person
• Statements made for the protection of common interest
• Statements made to ensure the well-being of a family member
• Statements made where the person making the communication believes that the public interest requires communication of the statement to a public officer or other official

·         Legislative: Can’t be sued for libel for speech made in the conduct of their official duties, speech must be made within a legislative proceeding

·         Executive: Absolute privilege for comments made in line of duty

·         Neutral Reportage: common law defense against libel/defamation law suits

RAMAN

Reported impartially

Accurately reported alongside opposing views

Made by responsible person or organization

About a public official or public figure

Newsworthy and related to a public controversy

PPDFN

Publication

Private Facts

Discolsure of info highly offensive to a reasonable person

Facts not newsworthy

No consent given

In a privacy lawsuit, the facts must be private. There is no liability for publising information that is already publically available.

What are the 3 elements of False Light?

• Highly offensive
• Publication
• Fault: knowingly false or with reckless disregard for the truth (actual malice)

Think false light when there are:

• Omissions/half truths
• Pictures/footage taken out of context

• The physical or technological violation of another's privacy
• No publication requirement
• Standard- must be in a location where one would have a reasonable expecation of privacy

Conduct was:

• Intentional/Reckless
• Causing servere emotional distress
• Extreme/Outrageous

• Protects any ORIGINAL work of authorship in any TANGIBLE MEDIUM of expression
• Publication/Copyright notice not required
• Protection available from the moment of creation
• Length is life of author + 70 years

• "C" is not required, but gives "actual notice" that the author has presesrved his copyright

• It provides constructive notice
• Allows author to sue for infringement
• If infringement occurs after registration, author can sue for statutory damages
• Author can obtain an injunction

ACCESS

SUBSTANTIAL SIMILARITY

The owner of the copyright controls who can make transformations of the work and how it is distributed

Ex/ Book author licenses work to be adapted into film

Direct Infringement: direct copying of material without permission

Ex/ Downloading music

Contributory  Infringement: cause others to infringe but are not themselves active particpants in the infringement

Ex/ File sharing

How are Fair Use and Copyright Protection related?

What do the courts consider?

Fair Use: an exception to the general rule that forbids copying; no need for permission or royalty payment; new work must be transofrmative

Courts consider:

• Purpose of the use
• Amount used
• Effect of the use on the market
• Ex/ Commercial purpose vs. Educational purpose

Trademark Dilution: can prohibit the use of a mark if it dilutes the value of your trademark

If it becomes a generic product name.

Ex/ Kleenex, Aspirin, Escalator

A 1949 FCC policy that required broadcasters to present controversial issues of public importance and to do so in a manner that was honest, equitable and balanced.

Eliminated in 1987

Neutral Reportage involves a common law defense to libel involving media republishing unproven accusations about public figures. 

...

TRESPASS involves property, INTRUSION involves privacy

TRESPASS: Trespass is an invasion in to another’s exclusive right to possession of property. 

The main elements of trespass are:

• an unlawful intrusion or invasion upon a property,
• intent of intrusion,
• force,and
• consequent injury to an owner.

INTRUSION: Physical or technological violation of another's privacy

Individuals: Individuals can contribute a limited amount directly to political campaigns &

PACS

Corporations: Corporations and unions cannot contribute directly to political campaigns &

PACS but can form an organize

o Can now expend unlimited funds advocating for a particular candidate

through super PACS

• The non-profit group Citizens United wanted to air film critical of Hilary Clinton and advertise the film during television broadcasts

o Before the case, it was in violation of the bi-partisan reform speech because

they were a non-profit group

o The Supreme Court ruled it was unconstitutional to ban free speech by

corporations and that they should be able to spend their own money to

support or oppose political candidates.