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- Protects the ownership rights of creative works, including books, articles and lyrics
- With creative work classified as property, creative people have a legal right to derive income from their works by charging for their use
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Google Books Library Project |
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- Digitizes 15 million English-language books for online idex access by Google
- the goal of the project was to create a single online index system with worldwide free access
- publishers sued and claimed that their intellectual property interests would be jeopardized through free online access to copyright-protected works not yet in the public domain
- Google and the Association of American Publishers reached a settlement in 2009
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- grant of rights for a second party to use copyright-protected work
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- 1798 laws with penalties for free expression
- these laws were for national security at a time of paranoia about a French invasion
- people were jailed and fined for crtiticizing govt leaders and policies
- people did not pay much attention to the first amendment until 1919 when the US supreme court decided a case on first amendment grounds
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- prohibiting expression in advance
- In Near v. Minnesota (1931) the supreme court banned prior restraint which prevented the government in most situations from silencing someone before an utterance
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- case in which the government attempted prior restraint against the New York times
- Supreme court overruled the govt
- court argued that the people's right to know about govt defense policy was more important than the govt's claim that the NY Time's was jeopardizing national security
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John Brinkley and broadcast regulation |
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- John Brinkley: radio quack who challenged government regulation of radio
- Brinkley had a radio station, KFKB, where he promoted his goat-gland surgery
- Brinkley's only credentials were two mail-order medical degrees
- in 1930 KFKB's broadcast license was up for renewal by Federal Radio Commission
- American Medical Association wanted the license revoked
- Brinkley argued that the first amendment allowed him to speak freely on his medical views
- Brinkley noted that congress had specifically forbidden FRC to censor
- FRC denied renewal
- Brinkley challenged the denial in federal court where the appeals court sided with the FRC, declaring that broadcast licenses should be awarded for serving "public interest, convenience and necessity."
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NYT v. Sullivan and Libel |
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- New York Times v. Sullivan: libel case that largely barred public figures from the right to sue for libel
- Libel: a written defamation
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Pornogrpahy vs. Obscenity |
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- pornography: sexually explicit depictions that are protected from government bans
- obscenity is material that can be restricted by the government but only if the answer is yes to the following questions concerning the content
- Would a typical person applying local standards see the material as appealing mainly for its sexually arousing effect?
-is the material devoid of serious literary, artistic, political or scientific value?
-is sexual activity depcited offensively, in a way that violates state law that explicitly defines offensiveness? |
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