Deck 11: Legal Considerations

Question 1

One common defense in libel cases is that of "opinion," which has been used successfully in defending a number of cases involving public relations materials. The legal term for the opinion defense is

A) quid pro quo
B) double-dipping
C) habeas corpus
D) stereotyping
E) fair comment

Answer 1

E

Question 2

The Supreme Court case of Bank of Boston v. Bellotti led to which of the following legal determinations?

A) companies have the same "free speech" rights as individuals
B) a company's right to communicate to its customers through the mail can be regulated by the government
C) there is no legal difference between the fields of advertising and public relations
D) regular employees and freelancers have different legal relationships with the companies that employ them

Answer 2

A

Question 3

While the term "freelancer" is generally considered slang, the more formal term as recognized in court) for an individual who produces communications materials on a per- project basis is

A) intern
B) communication assistant
C) account executive
D) independent contractor
E) part-time employee

Answer 3

D

Question 4

The common law principle that allows public relations firms to sue prospective clients for stealing their ideas submitted as part of the RFP process is called

A) quid pro quo
B) unfair business practice
C) habeas corpus
D) churning
E) works for hire

Question 5

Public relations professionals are required by law to register with the federal government as lobbyists when

A) they represent their clients in advocating or opposing political or regulatory issues at the federal level
B) they represent their clients at meeting of the chamber of commerce and other business organizations
C) they represent their clients in court cases
D) they represent their clients at stockholder meetings
E) all of the above

Question 6

Under current copyright law, material created by an individual is owned for what period of time?

A) 10 years beyond the life of the author
B) 24 years beyond the life of the author
C) 70 years beyond the life of the author
D) 200 years beyond the life of the author
E) forever

Question 7

The unauthorized use of a person's name, photograph, image, likeness, or voice to endorse or promote a commercial product or service without the individual's consent is known as

A) quid pro quo
B) libel
C) appropriation
D) unfair business practice
E) insider trading

Question 8

When asked to decide the issue of public utilities and how they communicate with their customers through bill stuffers, the U.S. Supreme Court has made which of the following determinations?

A) because they are regulated monopolies, public utilities do not have free speech rights and their communication to their customers can be regulated by the government
B) it's a free speech issue; how companies choose to communicate to their customers cannot be regulated by the government
C) public utilities can communicate with their customers through bill stuffers but must provide opportunities for opposing viewpoints to be included in future bill stuffers
D) this is a trick question, as the Supreme Court has never addressed this issue

Question 9

The Securities and Exchange Act of 1934 is a federal law aimed at curtailing what crime that often affects public relations professionals)?

A) libel
B) employment discrimination
C) appropriation
D) copyright violations
E) insider trading

Question 10

The area of communication law that deals with protection of an organization's creative work such as its copyrights and trademarks is known as

A) communication portfolio
B) intellectual property
C) marketplace positioning
D) quid pro quo
E) works for hire

Question 11

When considering cases of alleged) deceptive advertising, the Federal Trade Commission uses a guideline that limits the extent to which its rules apply to persons of limited intelligence. This provision is known as the

A) intelligent customer clause
B) realistic advertising code
C) reasonable consumer standard
D) advertising review principle

Question 12

A 1913 law known as the Gillett Amendment has what effect on the practice of public relations?

A) it requires public relations professionals to abide by "truth in advertising" laws
B) it requires public relations agencies to protect the confidentiality of former clients
C) it established a government licensing program for the public relations profession
D) it requires PRSA and IABC to administer codes of ethics for their members
E) it prohibits government agencies from using taxpayer money to pay for promotional activities and legislative advocacy unless authorized by law

Question 13

A written agreement between an employer and a freelance writer, photographer, or graphic artist that requires the freelancer to surrender the permanent rights to the employer is known as a

A) communication portfolio
B) works for hire agreement
C) quid pro quo
D) churning
E) stereotyping

Question 14

Copyright protection for materials copyrighted by an organization rather than a person) lasts for what period of time?

A) 30 years from date of creation or 20 years from date of first usage
B) 120 years from date of creation or 95 years from date of first usage
C) forever
D) this is a trick question, because only people can hold copyrights

Question 15

The government agency that enforces truth in advertising laws is

A) Public Relations Society of America
B) American Advertising Federation
C) National Bureau of Advertising Standards and Practices
D) Federal Trade Commission
E) Department of Homeland Security