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.
- 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.
- 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."
- What one calls oneself.
- An image or picture.
- 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.
- Verbal defamation
- Written defamation
- Statements so defamatory so as to be determined defamatory on their face.
- Defamation per se
- Failure to adhere to a defined standard of care.
- Being held responsible regardless of the degree of care exercised.
- Strict liability
- An implied or express permission.
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