Deck 11: Legal Street Smarts

Question 1

All of the following are protected under trespass laws EXCEPT:

A) someone's home.
B) a fenced backyard.
C) a sidewalk across from a school.
D) nonpublic areas of an office building.

Answer 1

C

Question 2

The owners of a restaurant protest your video shooting in their dining area. You

A) keep shooting because anyone can walk into the Boundaries
B) understand that they have the right to ask you to leave.
C) go across the street on a public sidewalk and shoot the restaurant video.
D) both b and c.

Answer 2

D

Question 3

You may photograph a person who is inside their private home

A) if you can see the person from the neighbor's Boundaries
B) if the person can be seen from a public area (e.g., if the person is standing at a window)
C) if someone else invites you into their gated community.
D) if there's so sign telling you not to.

Answer 3

B

Question 4

Confidential sources

A) can give unattributed quotes.
B) can offer deep background on stories.
C) are necessary tools of reporting.
D) all of the above.

Question 5

When you promise confidentiality to a source,

A) make sure the details are recorded on tape or in writing.
B) it is a contract between you and the source alone.
C) you should carry the confidentially agreement at all times.
D) all of the above.

Question 6

Freelance journalists own the copyright to their work

A) if they write it on their own, and then sell it to amedia entity.
B) if the work was specially ordered by the media entity.
C) if they wrote it within the scope of their employment with the media entity.
D) regardless.

Question 7

Copyright infringement can occur

A) if you publicly display a protected work.
B) if you paraphrase a qualitatively substantial part of the protected work.
C) if you reproduce only a small part of the most memorable part.
D) all of the above.

Question 8

You'd like to use a copyrighted photo you found on a blog in your story.

A) It's OK if you credit the blog.
B) It's OK if you credit the photographer.
C) It's OK if you get permission from the copyright holder.
D) It's on the Internet, so it's public domain.

Question 9

_____ is a form of defamation.

A) Libel
B) Slander
C) Harassment
D) Both a and b

Question 10

When it comes to defamation, a report cannot be considered a statement of fact if it is a

A) subjective impression.
B) satire.
C) hyperbole.
D) all of the above.

Question 11

Which will protect you from defamation?

A) You have properly attributed a statement of fact, whether it is true or false.
B) You called a source "a criminal" only to his/her face, but to no one else.
C) You clearly reported what was said in an official proceeding.
D) Both b and c.

Question 12

The right of privacy was introduced in an article in Harvard Law Review in the year _____.

A) 1936
B) 2010
C) 1890
D) 1998

Question 13

Right to privacy differs from defamation in that:

A) privacy addresses harm to reputation.
B) privacy focuses on a subject's feelings.
C) both a and b.
D) neither a nor b.

Question 14

When considering a privacy lawsuit based on public disclosure of private facts, a plaintiff must show that the fact

A) is in the public records.
B) is newsworthy.
C) is actually not true.
D) would be considered offensive by a reasonable person.

Question 15

Most of the key violations of privacy involve

A) false statements.
B) clear identification of the plaintiff.
C) publishing or broadcasting the information.
D) all of the above.

Question 16

Using the video taken at a public playground for the b‐roll of a child abuse story could be grounds for a privacy lawsuit based on

A) public disclosure of private facts.
B) false light.
C) intrusion.
D) misappropriation of name or likeness.

Question 17

To file a claim of intrusion, a person must show that

A) a reporter was prying into his/her seclusion and into a private matter.
B) the intrusion was offensive and caused anguish or suffering.
C) both a and b.
D) neither a nor b.

Question 18

A misappropriation of name or likeness

A) is also called the "right of publicity."
B) comes up most often in dealing with advertising.
C) can happen when someone's identity is used for an organization's benefit, without his/her permission.
D) all of the above.

Question 19

In majority of the states, the reporters can record the phone conversations with sources

A) without the source's consent.
B) after the consent of both parties.
C) only when there is an audible recording tone.
D) phone conversations should not be recorded.

Question 20

Posted signs regarding solicitors do NOT apply to media.

Question 21

Shopping malls are one of the public areas.

Question 22

The First Amendment gives reporters protection when they violate privacy laws to expose criminals.

Question 23

Any work created before the year 1923 is in the public domain.

Question 24

A copyright notice, ©, is not necessary to preserve an author's exclusive rights for works since the 1990s.

Question 25

There is no set rule for the number of words or seconds you may use of a copyrighted work to fall under the fair use protection.

Question 26

Hypertext linking to another website does NOT infringe on the copyrighted material of the linked website.

Question 27

You can be protected from defamation if you report a statement that may be inaccurate in some minor details, but still substantially true.

Question 28

You, as a reporter, are protected from a defamation claim if you properly attribute a source's false statement in a quote or sound bite.

Question 29

If your story involves public figures like celebrities, they cannot sue you for defamation.

Question 30

As a general rule, you may capture video or photograph anything and anyone in a _____.

Question 31

Make sure you have your _____ permission before promising a source confidentiality.

Question 32

A _____ is a grant of ownership to authors of certain types of literary and artistic works.

Question 33

The author of the work owns the copyright, but when the work is _____, the employer is considered to be the author and the owner of the copyright.

Question 34

One of the key elements of a defamation claim is that the statement must _____ a person's reputation.

Question 35

_____ include all elected officers or government employees who have, or appear to have, substantial responsibility for the conduct of government affairs.

Question 36

Privacy violations are _____, wrongful acts for which an injured person may bring a lawsuit to recover monetary
damages.

Question 37

As a journalist, if you are sued for disclosing private facts,you can't defend yourself by claiming the facts are true as if it were a claim of _____.

Question 38

Accompanying law enforcement officers who are executing asearch warrant on a private property can constitute _____.

Question 39

You see children playing on a playground as you stand on a public sidewalk across the street. Do you need the school's permission to shoot and use that video? Why?

Question 40

Describe how "breach of contract" can happen with confidential sources.

Question 41

How fast do you have to take down a copyrighted material from your website to protect yourself from a complaint?

Question 42

In terms of defamation, what is the difference in the eye of the law, when it comes to a news organization printing alibelous letter to the editor, or a reader posting that same letter in the comments of an online article?

Question 43

What's the difference between a pervasive public figure and a limited purpose public figure?

Question 44

Why doesn't a movie star enjoy the same protections against defamation as an average person?

Question 45

Name some of the factors used to determine whether a publicly disclosed fact is newsworthy.

Question 46

How can a journalist get into trouble by using a fake name toget information?

Question 47

Describe how a "reasonable expectation of privacy" can help and also hinder a journalist trying to track down an unwilling source to interview at their home and work.

Question 48

Describe the four factors considered for determining whether the use of copyright material is fair use or parody.

Question 49

Describe the five key elements of defamation.

Question 50

Discuss the four ways by which someone could find themselves as the target of a privacy suit.

Question 51

Offer a scenario in which good reporting may have gone too far, and would be considered an intrusion.