April 17, 2008

POS 282--Introduction to American Law
In class today, Thursday 4/17, I collected the 2 case briefs, and we went over the assignment. We went over the Libby case on p. 203 of the text. The assignment for Tuesday April 22 is to read and prepare to discuss the remainder of Chapter 5 of the text.

CMJ 375--Mass Media Law
In class today, Thursday 4/17, I distributed two handouts: one is the assignment due next Thursday 4/24, and the other was the text of the recently passed Maine shield law for journalists. We began our discussion of copyright law. The assignment for Tuesday April 22 is to read and prepare to discuss through p. 331 of the text.
CMJ 375 Assignment #3 Sol Goldman April 17, 2008

This assignment is due at the beginning of class on Thursday, April 24, 2008

Assume that you are still a reporter for that very same small, but locally influential Maine newspaper that you worked for in the previous assignment. The paper can not really afford to consult with an attorney, but one consideration by the newspaper in the decision to hire you was your assurance that you had taken a Mass Media Law class in college, and could pretty much figure out this law stuff on your own.

You have been assigned to research and write an investigative report about a scandal in your small town (this is not the assignment for CMJ 375-it’s just part of the story). It turns out that the First Selectman of the town, a crusader for “moral uprightness”, has had something of a little lapse: he has been observed going to the nearby big city, and frequenting a certain prostitute. The town is outraged, and some are calling for the Selectman’s resignation. This is definitely a good story for the paper.

But you need a photograph to spice up the story. The prostitute is making herself scarce since the story came out (apparently in fear of being charged with a crime herself). It just so happens, though, that you have acquired a photograph of the prostitute in question. The “madame” of the house supplied potential customers of the house with enticing photographs of the prostitutes, and you have a friend who had earlier obtained such a photograph. They are not otherwise available, but your friend has given you his photograph of the woman.

The photo just shows the woman’s face, though with an enticing smile. It was taken for the purpose of letting the patrons get a sense of the physical appearance of the prostitutes.

The professional photographer who took the picture (and holds the rights to the photo) has gotten wind of the Selectman’s story, and would like to profit from the controversy. Understanding that you want to use the photo, he offers you a license for a ridiculously high price. There’s no way that you could or would pay his price, and so you’re thinking that you might just go ahead and use the photo without any payment or agreement, as “fair use”.

Your editor likes the way you think, but she needs another memo from you about the law that governs the question of whether the paper can publish the photo without permission, as “fair use”.

Your editor has asked you to write her a memo detailing the propriety of publishing the photo. You have discovered one First Circuit case that seems especially on point, Nunez. v. Caribbean International News Corp. 235 F.3d 18 (1st. Cir., 2000).

You should read the case carefully. Then write your memo to your editor,

1) explaining the existing law to her, both the outlines of the statutory law, and the step by step analysis undertaken by the Nunez Court

2) analyzing whether you would expect the same outcome as in the Nunez case, or whether it would be distinguishable, and why you reach the conclusion that you do. (compare and contrast your facts to those in the Nunez case). Be specific; use short quotations where appropriate, but just snippets-your editor has little patience for legalese; and write in good English (you are a reporter, after all). The memo should be about 2-3 pages long.
In addition to the usual analysis that you would do, the editor does have two specific questions that she would like to know about:
1) does it make any difference if she runs the picture on the front page of the paper (better for sales) as opposed to an inside page
2) since you’re not paying the photographer anyway, do you need to attribute the photo to the photographer, or can you just say that the photo is from the paper’s files.

Make sure to use the format of a memo. When citing the Nunez case, the first time you cite it, use correct citation form, but after that cite it simply as Nunez at p.___


To access the Nunez case, go to the “slip opinion” at

www.ca1.uscourts.gov/pdf.opinions/99-2266-01A.pdf

(Please use this site and use the pagination from this site when you cite the case in your assignment).

You may e-mail me if you have questions about the paper. The more time that I have to answer your questions, the more likely it is that I can be helpful.

If you cannot be in class on Thursday 4/24, you should still e-mail me your paper by the beginning of class time. If you do that, you will not have any grade deducted from your grade for the paper. If you do not, you should still contact me as soon as possible to see what options are available to you.

IMPORTANT: If you e-mail your paper to me, I will reply to confirm that I have received your assignment. If I do not reply, then I have not received the assignment.