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Glossary of Entertainment Law - Chapter 1: Constitutional Considerations

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Law derived from the United States Constituion that is not otherwise set out in a statute or a legislatively created law.
Constitutional Law
The right of a citizen to say (or write) exactly what he or she thinks without fear of governmental retribution.
Freedom of Speech
A civil wrong.
Tort
Involves the use of aspects of one's wn personality for economic gain.
Right of Publicity
Law evolving from judicial precedent rather than statute.
Common Law
Something fixed in a tangible format (medium).
Permanent publication
The theory that one is barred from applying a principle of law in a given situation.
Estoppel
Voluntary and deliberate actions that relinquish a right.
Express waiver
A person's actions that cause another to believe that a right has been relinquished.
Implied waiver
Material, if the "average person, applying contemporary standards to the dominant them of the material taken as a whole, appeals to prurient interests."
Obscene
What one calls oneself.
Name
An image or picture.
Likeness
Attributing a characteristic to a person in instances in which such characteristic does not apply.
False attribution
Tort involving false statements about a person that are communicated to another person, resulting in ridicule or contempt of the person they were said or written about.
Defamation
Verbal defamation
Slander
Written defamation
Libel
Statements so defamatory so as to be determined defamatory on their face.
Defamation per se
Failure to adhere to a defined standard of care.
Negligence
Being held responsible regardless of the degree of care exercised.
Strict liability
An implied or express permission.
Consent

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