Podcast
Questions and Answers
What is a trademark?
What is a trademark?
Which statement accurately describes the difference between plagiarism and copyright infringement?
Which statement accurately describes the difference between plagiarism and copyright infringement?
What does the Fair Use Doctrine allow?
What does the Fair Use Doctrine allow?
What is the role of Creative Commons licenses?
What is the role of Creative Commons licenses?
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What requirement do the Freedom of Information Act (FOIA) and Sunshine Laws impose on public relations practitioners?
What requirement do the Freedom of Information Act (FOIA) and Sunshine Laws impose on public relations practitioners?
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What does the 'first sale doctrine' uphold regarding copyright-protected goods?
What does the 'first sale doctrine' uphold regarding copyright-protected goods?
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Which of the following areas must public relations practitioners be aware of?
Which of the following areas must public relations practitioners be aware of?
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What is the key criterion for establishing defamation?
What is the key criterion for establishing defamation?
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What must public figures prove in a libel case that private citizens do not?
What must public figures prove in a libel case that private citizens do not?
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How does the U.S. courts' protection of political speech differ from commercial speech?
How does the U.S. courts' protection of political speech differ from commercial speech?
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What is considered as 'intellectual property' under the law?
What is considered as 'intellectual property' under the law?
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Under the Clear and Present Danger Doctrine, when is speech restricted?
Under the Clear and Present Danger Doctrine, when is speech restricted?
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What risks arise from sharing intellectual property without proper authorization?
What risks arise from sharing intellectual property without proper authorization?
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A patent provides intellectual property rights over a design.
A patent provides intellectual property rights over a design.
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The Fair Use Doctrine allows unlimited use of copyrighted material without any criteria.
The Fair Use Doctrine allows unlimited use of copyrighted material without any criteria.
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Plagiarism and copyright infringement are the same concepts.
Plagiarism and copyright infringement are the same concepts.
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Creative Commons Licenses allow creators to specify how others can use their work.
Creative Commons Licenses allow creators to specify how others can use their work.
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Under the Freedom of Information Act, most government-collected information is considered private.
Under the Freedom of Information Act, most government-collected information is considered private.
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The Clear and Present Danger Doctrine allows unlimited freedom of speech in all circumstances.
The Clear and Present Danger Doctrine allows unlimited freedom of speech in all circumstances.
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Public relations practitioners need to be aware of privacy issues, as they relate to the control over personal information.
Public relations practitioners need to be aware of privacy issues, as they relate to the control over personal information.
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The First Amendment provides the same level of protection for commercial speech as it does for political speech.
The First Amendment provides the same level of protection for commercial speech as it does for political speech.
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Slander refers to written or recorded false communication that can injure someone's reputation.
Slander refers to written or recorded false communication that can injure someone's reputation.
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In libel cases, public figures must prove actual malice, while private citizens do not face this requirement.
In libel cases, public figures must prove actual malice, while private citizens do not face this requirement.
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Intellectual property includes only physical products and not products of the human mind.
Intellectual property includes only physical products and not products of the human mind.
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The 'first sale doctrine' restricts the resale of copyright-protected goods made and sold abroad.
The 'first sale doctrine' restricts the resale of copyright-protected goods made and sold abroad.
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Defamation requires a statement to be true in order to be considered damaging to someone's reputation.
Defamation requires a statement to be true in order to be considered damaging to someone's reputation.
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Study Notes
Legal Issues in Public Relations
- The internet has removed geographical boundaries in communication and services.
- Supreme Court Justice Stephen Breyer, in Kirtsaeng v. John Wiley & Sons, Inc., stated that judicial awareness can no longer be limited by borders.
- Intellectual property (IP) refers to any product of the human mind legally protected from unauthorized use.
- The 2013 Kirtsaeng v. John Wiley & Sons, Inc. case upheld the "first sale doctrine" allowing the resale in the U.S. of copyright protected goods legally made and sold elsewhere.
- This ruling balances IP protection with free commerce by limiting the control copyright holders have after the initial sale.
- Privacy is a significant concern in public relations.
- The right to privacy involves the right to be let alone and control access to personal information.
- Public relations practitioners must be aware of legal issues related to privacy and intellectual property.
- Other issues to consider include defamation, sunshine laws, business regulations, and misappropriation.
First Amendment
- The U.S. courts protect political speech more strongly than commercial speech.
- Political speech is crucial for democratic governance, while commercial speech focuses on economic transactions and is regulated to prevent deception and protect public interests.
- The Clear and Present Danger Doctrine limits First Amendment freedoms to prevent substantive evils (e.g., yelling "fire" in a crowded theater).
Defamation
- Defamation involves false communication harming someone's reputation.
- Slander is oral defamation, while libel is written or recorded defamation.
- To be considered defamation, a statement must be false, harmful to reputation, and communicated to others.
- The statement must also be factual and made with fault.
- Public figures must prove "actual malice" (knowledge of falsity or reckless disregard for the truth) in defamation cases.
- Public figures receive less protection from defamation than private individuals.
Intellectual Property
- When communicating on behalf of an organization, consider who owns the information and whether you have the rights to use it.
- Sharing intellectual property without permission or proper attribution risks legal issues.
- Copyright protects the rights to reproduce, distribute, perform, display, or license original works.
- Trademarks are words, phrases, symbols, or designs that distinguish a product or service in the marketplace.
- Patents protect intellectual property rights over inventions.
- Plagiarism involves presenting someone else's words or ideas as one's own.
Intellectual Property: Plagiarism vs. Copyright Infringement & Fair Use Doctrine
- Plagiarism is misrepresentation, while copyright infringement is using protected work without permission.
- The Fair Use Doctrine allows limited use of copyrighted material for purposes like education, criticism, and commentary; this is determined by four factors: purpose and character of use, nature of the work, amount used, and effect on market value.
Public Information and FOIA/Sunshine Laws
- Public relations practitioners in publicly funded or government organizations must make information available to citizens under the Freedom of Information Act (FOIA) and Sunshine Laws.
- Most government-collected information is public and must be shared upon request or proactively made available; personnel matters are often exempt.
- Interactive online technologies have made proactive disclosure easier. Legal action can compel disclosure of documents, such as in a case regarding the University of Wyoming's decision not to renew a president's contract in 2018.
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Description
Test your knowledge on intellectual property laws, including trademarks, copyright, and the Fair Use Doctrine. This quiz covers essential principles and distinctions that every public relations practitioner should understand. Challenge yourself with questions related to defamation, Creative Commons licenses, and more!
