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Media Law

A Practical Guide (Revised Edition)

Ashley Messenger

Media Law: A Practical Guide (Revised Edition) provides a clear and concise explanation of media law principles. It focuses on the practical aspects of how to protect oneself from claims and how to evaluate the likelihood of a successful claim. This new edition has been revised to reflect important changes and updates to the law, including recent developments relating to scandalous trademarks, embedding, fair use, drones, revenge porn laws, interpretation of emoji, GDPR, false statements laws, lies, and the libel implications of the #MeToo movement.

Media Law is divided into five sections that help non-lawyers understand how the principles apply to their actual behavior: background information about the legal system; things you can be sued for; how you actually gather information; ways the government can regulate speech; and practical issues that are related to media law. This book is perfect for courses in media and communications law or a combination course in journalism law and ethics, as it covers both the legal and ethical aspects of communication.

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6 Copyright: Issues With Creating Content or Using Other People’s Content

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CHAPTER 6

Copyright

Issues With Creating Content or Using Other People’s Content

There is one significant problem that arises from the use of any content (whether it’s text or images) from another source, and that is the fact that copyright law most likely protects the content, and the owner may have a copyright claim if it is used. Or, if you are the creator of content, then you may be able to use copyright law to protect your content from other people’s unauthorized use.

People who work in media consider copyright to be a delicate subject because they want both the protection from unwarranted use of their work as well as the right to use the work of others in reporting and creating new material. There is very much a “do unto others” mentality when it comes to copyright issues. It is therefore important to learn the scope of the law so that one’s conduct matches one’s expectations.

Unfortunately, there are a lot of myths about copyright law and “fair use,” or the conditions under which people can use copyrighted material without consent. This chapter will address what the law covers and discuss what kinds of uses are likely to be protected, and which ones are not. This chapter will address:

1. The difference between different types of intellectual property (to clarify exactly what kind of scenarios are covered);

2. Whether a use...

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