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The First Amendment, Freedom of Speech, Fair Use and False Advertising

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1. What is the "sweat of the brow" doctrine, and why has the Supreme Court rejected it?

2. What is fair use? What are the four criteria that courts use to determine whether a use is a fair use?

3. Are there uses that are not fair use?

4. What are the three elements in the FTC's definition of false advertising?

5. Do you think the decline of the media in this country represents a real threat to a free press?

6. If you can sue someone for telling the truth, how does this affect the 1st amendment law of the freedom of speech?

Please provide a few sources so that I may also further research the answers you give. Thank you again for your help.

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The expert examines the first amendment, freedom of speech, fair use and false advertising.

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1. What is the "sweat of the brow" doctrine, and why has the Supreme Court rejected it?

This doctrine was created to protect factual compilations while awarding the person who expended his sweat and hard work compiling these facts to not have anyone misuse or take gain out of their hard work.

The Supreme Court under Justice Feist ruled that regardless of the effort or "sweat" and hard work put into accumulating the compilation of facts; facts that are non-selective and ordered in non-creative ways aren't subject to copyright intellectual protection (Sociology, 2012).

2. What is fair use? What are the four criteria that courts use to determine whether a use is a fair use?

Fair use enables citizens to use copyrighted material without express written consent from the person holding the copyright if factors within the four-factor balancing test are met.
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Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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