Entertainment Law Cases

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

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