Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Class Activities
Chapter 11: Intellectual Property
1. Have students discuss the difference between (1) someone taking and publishing without
permission a news story the student has written and (2) downloading a recorded composition
without permission. Do students believe copyright law should protect their stories but not the
composition and recording? What rationales do they use to defend that viewpoint?
2. Have students read the executive summary of the latest Brand Finance report on the world’s
most valuable brands, available here:
http://brandfinance.com/images/upload/global_500_2017_locked_website.pdf
Ask students to then consider the outcome of the Lee v. Tam decision and compare it to the
campaign finance decision in Chapter 2. Ask students to break into groups and discuss the
relationship of money and speech in the context of trademarks compared to political speech. See
if they can identify the core principles that might lead courts to different outcomes in different
contexts.
3. A hypothetical fact situation that can be used to give students practice thinking through the
fair use defense:
Shirley Surtain publishes a new book about the attacks on the Twin Towers and the
Pentagon on September 11, 2001. On the book’s last page, Surtain names the person she
believes really planned the attack. Bill Cantwin, the local paper’s book reviewer, writes a
review of the book. In the review, Cantwin says the book generally is dull – until the
very end. Cantwin then quotes the last 150 words of the 400-page book – the very words
that name the person Surtain thinks planned the attack. Surtain, who had done
everything necessary to sue for copyright infringement, sues Cantwin and Cantwin’s
paper. Cantwin and the paper defend on the basis of “fair use.” Considering and
applying the entire fair use defense, who will win – Cantwin or Surtain? Why?
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Sample Answer
Cantwin and the paper would use the fair use defense. A court would consider: (1) The purpose
and character of Cantwin’s use. Cantwin used the 150 words in a book review. Using