Law Review Stuff you need to know.

But first…the bellringer Caption this photo. Remember the rules: Always give me the full Quote Style Caption. Use the A, B and C lines. A = present tense summary of the photo using the 5w’s B = a past tense statement of background building up to or leading up to the photo. C = a quote in the proper format (“Quote,” Dude Man said.) from someone relevant or a witness.

And now…the review  What is the definition of Libel?  Many of you didn’t know this…  So, add the correct definition to your notes…as in handwrite this for a future notebook check.  Definition of Libel: Libel is a false statement of fact that seriously harms someone’s reputation.

Libel Vs. Slander Libel is writtenSlander is spoken

Are you responsible for someone else’s work that you publish?  Yes. Yes you are. The example I gave during lecture: If someone takes an illegal photo, or plagiarizes someone else then passes it to you, and you publish it, then you are indeed responsible.  What’s the bottom line? If you do it, you are responsible….even if by association.

Can a statement of pure opinion be libelous?  Can opinions be libelous?  No.  Opinions can’t. The problem comes in when opinions are mixed with false statements of fact.  Suggestion: keep your opinions free of factual statements.

Practice  Tell me which is libelous  I don’t like Mr. Brown because he is a horrible teacher.  Mr. Gregory is not a good doctor because he prescribes drugs to people for money.  My boss stinks. He is too strict and runs the place like it’s the military!  My boss is worse! He hits on the women at work and won’t give them promotions unless they date him.

What is the ultimate defense against libel? Some of you confused this with invasions of privacy. Libel’s ultimate defense  Truth.  If something is true, it cannot, by definition, be libelous. Invasion of privacy’s ultimate defenses  Consent  Newsworthiness

What does it mean to have a reasonable expectation of privacy?  Simply put, there are places where you have the presumption of not being recorded, filmed, photographed, or otherwise observed.  Places like your home, the restroom, reserved rooms at libraries, doctor’s offices, lawyer’s offices, councilor’s offices, etc.  Some places have no expectation of privacy. Police cars, public parks… can you name a few more?

Taking photos in public  I was specific on the general rule, but here it is again. WRITE THIS DOWN IN YOUR NOTES.  Know it.  You may take any photo of anything from any place you are legally allowed to be that would normally be visible to the naked eye.  Let’s analyze this…examples?

Being asked to leave  Here’s a good rule for life: Don’t argue with people.  However, if you do, know your rights.  If you are in a public space that you are allowed to be, you don’t have to leave unless told to by a government official. Even then, you can keep your camera and notes.  If forced to surrender these, don’t resist. Lawyer up and sue. Fighting the police on the street is never going to be a winning scenario.  If a random citizen asks you to leave, I suggest you do. It’s easier to avoid court altogether than standing your ground and losing valuable time in hearings. Just my 2 cents.

What is copyright infringement?  Honestly, a few of you wrote this:  Infringing someone’s copyright...  You don’t say? But what does it MEAN?

Advice  Don’t try to fib your way through something you have no clue of. If you didn’t study then it’s your fault you don’t know, don’t waste my time by defining the question with itself…  What it actually means; however, is using copyrighted materials without written permission from the copyright holder.

What are things protected by copyright?  Lots of stuff.  Books, movies, magazines, video games…any intellectual property.  Some poor soul told me the internet was copyrighted.  No.  Neither is space, Earth, water, air, or the color green.

What’s the best way to avoid copyright infringement?  DO NOT TELL ME– don’t break someone’s copyright.  That is a useless statement.  The best answer is: obtain written consent from the copyright holder.

What is Fair Use?  This is the doctrine that allows small bits of copyrighted material to be used for academic or informational purposes.

Exit ticket  Write down two things that you learned or were refreshed on. If you did not get a 100% on your test and you hand me an exit ticket that says you learned nothing then you won’t get credit for it.  There is going to be a re-test on Thursday. It will be 20 questions. Some will be scenarios in which you tell me what is the best course of action, some will be multiple choice, some will be true false, and there will be a matching portion.  Study these refresher notes AND YOUR ORIGINAL NOTES. You are responsible for that material.  The remedial quiz on Thursday is not optional. You will take it no matter what, even if absent. Not taking it will hurt your grade, otherwise, it will improve your score.