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Legal System 3 Branches Executive, Legislative, Judicial Three Levels of Court Trial Court (district) can be federal Appellate

e Court (circuit) Supreme Court (State or US) Sources of Law (6) Constitution, State Constitutions, Common / Case law (precedent), Legislation/Statutes, Administrative Law, Executive Order Adversarial System Pits 2 sides against each other, truth/justice emerges and decided by Judge/Jury Claims/Causes of Action - Proves ALL elements Disproves only one Elements Checklist for crime, must be met Factors To be considered, not all required Case Citations Volume, Reporter, Page #, Date/Year First Amendment Congress interpreted as Federal Government Doctrine of Incorporation Response to states being able to override Federal law 14th Amendment No state shall deprive anyone of life, liberty, or property without due process of law; applied to state and local gov. Libel The Plaintiff's Case 1. Statement of fact 2. Published 3. Of and concerning 4. Defamatory 5. False 6. is at fault Actual Malice Knowledge of falsity or reckless disregard for the truth Reckless Disregard Criteria Urgency, time to fact check? Reliability of source Story believability, further examination? Types of Damages Actual, Special, Presumed, or Punitive USC 230 (1996) Sometimes Internet Intermediaries are named as libel 's even though their customers/users actually posted allegedly libelous statements.

Appropriation/Right of Publicity 1. Using name, likeness, picture, voice, and or identity 2. Without permission or consent 3. For commercial purposes

For Analysis Issue/Legal Question Rule (law) Analysis (apply law to facts) Conclusion

Commercial privacy private - personal Libel Fault Standards & Burden right living Public Official or Figure Actual malice, Publicity Control image economically clear and convincing evidence, celebrities property right - dead Presumed/Punitive damages, NYT v. Sullivan Commercialization - clearly identified on Private Plaintiff, Public Concern Actual reasonable grounds to believe person in work malice, clear and convincing, (ad) was the . No, if work hints at identity presumed/punitive damages, Gertz v. Robert or reminds public of . Specific characteristics Welch go closer to celebrities. Private Plaintiff, Public Concern Negligence, preponderance of the evidence, Private Facts Truthful ONLY actual damages, Gertz v. Robert Welch 1. Publication ( publicity), wide distribution, Private Plaintiff, Private Concern or small group of people if they have special Negligence, preponderance of the evidence, relation to the presumed/punitive damages, Dun & 2. True. Intimate or Private Facts Broadstreet v. Greenmoss Builders 3. Publication is highly embarrassing or offensive to a reasonable person would it outrage communities notion of decency if intimate information was published? 4. Facts are not of legitimate public interest, concern, importance, aka not newsworthy Law, Strictly Federal Copyright exclusive legal (property) right to protect intellectual creations from unauthorized use. Exclusive right Creates profit motivation to create and innovate. Promotes a social benefit, a greater amount of works Limited time Inspires innovation and creation within the public domain. New works created from originals allowing for even a higher level of innovation. Duration - before Jan 1, 1978, 95 years. after, author's life plus 70 years. After duration, work is in the public domain. What is -able? 1. Original works of authorship, expression 2. Fixed in any tangible medium The -Rights Reproduce, Produce derivitive work, distribute by sale, rent or lease, public performance, and right of public display.

Fair Use FACTORS 1. Purpose and character of unauthorized work used either for commercial or non-profit Commercial Infringement Non-profit or educational Fair Use 2. Nature of the 's work, creative no, factual Treatment No provider or user of an or informational Fair use interactive computer service shall be treated as 3. Amount of 's work used, small or large the publisher or speaker of any information percentage, substantiality, portion, how provided by another information content important was it? provider. 4. Effect from use, damages, lost market, or *Most important for info and innovation* expanded market (parody)