Entertainment Law Cases

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HoldingCase (e.g. Jones v. Smith)Additional Information
The FCC has the right to prohibit some broadcasts
The unnecessary use of a plaintiff's name may be an invasion of privacy
A product capable of copyright infringement is not liable for copyright infringement if it is capable of significant non-infringing uses
Oral contracts, such as those for production rights to a movie, are enforceable
Established that public officials need to prove actual malice for a claim of defamation
Held that public figures only need to show recklessness for a defamation claim
You cannot sell a right, such as a right to editing, that you do not have
Having exclusive rights to a story that someone else wrote does not mean having exclusive rights to the characters in that story
If no one would reasonably think a statement is true, it is not defamation
Ideas are not copyrightable, but the expression of ideas is
The test for defamation is based on what a reasonable person would assume
HoldingCase (e.g. Jones v. Smith)Additional Information
Held that private individuals only need to show negligence for a defamation claim
An admission fee does not have to be charged for a use to be considered 'for profit'
Unauthorized commercial use of a person's likeness is an invasion of privacy, even if you do not use their name or photo
Music played over a radio in a restaurant is not a copyright violation
If you copy a source, other copying that same source are not infringing on your copyright
'Right of Reply' statutes violate the freedom of the press
Delivery of a speech is not general publication
Artistic renderings are subject to 1st amendment protection and are thus not an invasion of privacy
Marketing a product for copyright-infringing uses makes you liable for copyright infringement
Introduced 4-factor test for fair use; involved Gerald Ford

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