TELE 3010 1nd Edition Lecture 9 Outline of Last Lecture I Why is Regulation Important II First Amendment III 2 Models of Regulation Outline of Current Lecture I Continuation of Media Regulation II Copyright Information III Material That Is Regulated Regulation Continued The Press Model of Regulation is basically everything the First Amendment entails The FCC regulates the airwaves however cable is not airwaves However because it works in conjunction with that they had the powers to regulate cable as well Regulatory Issues with Internet Net Neutrality all traffic and data on the Internet should be treated equally Some websites shouldn t have faster speeds than others Continuing with Copyright Information Great Man Theory as it pertains to copyrights History is told as things that great men have done Culture and art as derivative James Brown to Prince to Bruno Mars for example They all have learned from and stolen from previous artists before them and then developed it into their own thing Many things are remixed using the material of someone else to develop something new from it There is a shifting of labor in the remix culture These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Questions about copyright Creative commons is there a way other than copyright law Creative Commons allows for some rights to be reserved It is a nonprofit organization that enables the sharing and use of creativity and knowledge through legal tools Fair Use Exceptions 1 One can use someone else s work if you do not violate What is the purpose and character of use Is it for education or for journalism reporting Then that is okay because it is for the greater good of the public The nature of the copyrighted work unpublished or out of print The amount used In education one can use parts of a book for use Economic effect on the work Does the use of this mess up the profits of the work usually no Case of parody satire these are fine because it is a form of political speech They are often political statements Content Regulation Regulating explicit content The tension between the right of free expression and the tastes of individuals and groups like the book Lolita being banned in schools because it was offensive to some One man s vulgarity is another man s lyric what you think is offensive might not be offensive to others Most types of speech are protected from censorship Types of Regulated Content 1 Porn is legal 2 Illegal Obscenity Speech that 1 the average person applying contemporary community standards would find taken as a whole to appeal to a prurient interest 2 depicts or describes in a patently offensive way sexual conduct specifically defined by state law 3 lacks serious literary artistic political or scientific value All of these things are hard to define which is why obscenity is always a tricky area There actually has to be a state law that states what is being prohibited 3 Indecent Material third category Legal term for material in electronic media not print media not necessarily obscene but regulated nonetheless would be legally allowable in other avenues of expression ex other media Safe Harbor Rule 10pm 6am this protects children 5 Political Speech another regulated piece of content that is protected Fairness Doctrine devote time to controversial issues of public importance provide contrasting viewpoints on those issues FCC did away with this because there wasn t time for all of it Equal Time Provision There has to be equal time for candidates running for federal office Exception the news covers people as they see fit to cover them Other content Regulations 1 National Security Regulation of the press in combat theaters The government can restrict the movement of journalists They can also restrict sensitive information like prohibiting flag draped coffins because we don t want pictures of dead Americans coming in on the news also troop movement 2 Children s Television Children s TV Act of 1990 limiting the number of commercial minutes during programming Also required for broadcasters to air 3hrs week of core programming meaning Saturday morning cartoons for license renewal The programming must also address educational needs of children of those 3 hours programming must address those educational needs for kids 3 Advertising FTC regulates fair trade practices Can t lie in the ads SEC stock market Can t run up the value of stock through advertisements ATF FDA with Viagra adds Transportation regulation of billboards