TELE 3010 1nd Edition Lecture 9 Outline of Last LectureI. Why is Regulation Important?II. First AmendmentIII. 2 Models of Regulation Outline of Current LectureI. Continuation of Media RegulationII. Copyright InformationIII. Material That Is RegulatedRegulation (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 stolenfrom 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 useof creativity and knowledge through legal tools. “Fair Use” Exceptions1.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 Then that is okay because it is for the greater good of the public.- The nature of the copyrighted work (unpublished or out of print).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, butregulated 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 Regulations1. 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. AdvertisingFTC — 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
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