Media Law Coursework For TU918 LLB and TU978 Eavan Murphy 25th January 2022 Now that Coronavirus health restrictions have been lifted, you and a number of your classmates have decided to run a...

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Media Law Coursework For TU918 LLB and TU978 Eavan Murphy 25th January 2022 Now that Coronavirus health restrictions have been lifted, you and a number of your classmates have decided to run a festival in the summer of 2022. Following on the success of Waterford Walls, you decided to run a street art and graffiti festival in Dublin called Féile Fallaí Átha Cliath, which will include walking tours, hands on graffiti sessions, food trucks and music. You are the marketing manager for Féile Fallaí Átha Cliath, and your job involves creating the merchandise for sale at the festival. You have created a line of t-shirts which you planned to put on sale before the festival starts. 1. One t-shirt features a cartoon of Dr Tony Holohan with the slogan ‘Masks are for Morans’ on it. 2. One t-shirt contains graphic colours in the style of Maser, the Irish artist. 3. One t-shirt features a stylised image of Dolly Parton with a speech bubble over her head which reads “I will always love Féile Fallaí Átha Cliath”. 4. One t-shirt features a photograph of some graffiti from the back of a toilet door in a pub in Temple Bar called Too Much of a Good Thing. 5. One t-shirt features a graphic of a rainbow coloured pint of Guinness which says ‘Graffiti is good for you’, your homage to the famous ‘Guinness is Good for You’ slogan. However, you receive a series of complaints about the t-shirts. 1. Dr Tony Holohan claims that the t-shirt is defamatory of him. (20 marks) 2. Maser claims that his copyright has been breached. (20 marks) 3. Dolly Parton claims that she has not endorsed the Féile, and that use of her image is a breach of her privacy and her copyright. (20 marks) 4. The owner of Too Much of a Good Thing claims that they own the copyright of the graffiti in the pub toilets. (20 marks) 5. Guinness claim that their trademark has been breached (20 marks) Prepare answers to all of the legal issues. Total: 100 marks Reading As indicated on course handouts Instructions 1. This coursework accounts for 100% of the marks in Media and IP Law. 3. Please put your name, student number and course on the first page of your assignment, and your name at the top of every page of your work. 4. Late submission will be penalised as per the course handbook. 4. Assignments should be 3000 words in length. Assignment Advice To score well, you must answer the questions asked. Identify how many issues you think are in each part of the question, and answer them all. Look at the marks available for each section and answer accordingly. Do not give general ‘person on the street’ answers. Remember this is a law assignment. Do not just rewrite my notes, you need to show evidence of outside reading. Contact me if you have any questions or queries. Eavan Murphy [email protected] 1
Answered 23 days AfterFeb 25, 2022

Answer To: Media Law Coursework For TU918 LLB and TU978 Eavan Murphy 25th January 2022 Now that Coronavirus...

Rudrakshi answered on Mar 21 2022
95 Votes
MEDIA LAW COURSEWORK
Table of Contents
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1.
Defamation is defined as a false statement that is intended to ridicule, degrade, or dislike another person, causing them to be ostracised or to suffer financial loss as an outcome of their actions. The deliberate dissemination is of false information with the intent of harming a participant's character, either written or spoken. It erodes the mutual regard, esteem and confidence that everyone has in one another[footnoteRef:1]. Defamation, on the other hand, is the act of invoking disparaging, hostile, or insulting attitudes or sentiments against another person. [1: Mary Elizabeth Bezanson, 'Politic
al Cartoons As Epideictic: Rhetorical Analysis Of Two Of The Charlie Hebdo Political Cartoons' (2017) 51 First Amendment Studies.]
The same may be said for Dr Tony Holohan, who stated that the T-shirts worn by the students had caused him pain. Dr Tony Holohan has actively participated on decision making in places such as cancer control, avoidance, treatment services, health information management and medical product appraisal since then. He was ordained Deputy Chief Health Officer of the Department of Health in 2001 and has previously worked on decision making in sectors such as cancer control, avoidance, primary care, health information management and health technology assessment.
By looking at the laws of the defamation in Ireland, it is observed that character defamation plays an important role in the law book[footnoteRef:2]. If the claimant wishes to establish that the comment is defamatory, or even in a fashion that establishes defamation of reputation, the claimant must be able to demonstrate that the comment was written or orally communicated and that a third party read or heard it. [2: Arreerard, R. and Senivongse, T., 'Thai Defamatory Text Classification On Social Media', IEEE International Conference on Big Data, Cloud Computing, Data Science & Engineering (BCD) (2018)]
However, a person's reputation is very essential for a variety of circumstances and everyone has the right to establish a favourable image for himself. The Irish Defamation Act provides protection for this right. There is a fine line between exercising one's right to freedom of speech and communicating one's views in a manner, which has a detrimental influence on one's reputation.
According to the law of character defamation in Ireland this behaviour of featuring slogan of masks are for morons. Since, masks are essential even after COVID 19 becomes really improbable. It is crucial to highlight that enforced mask having to wear is likely to be followed with a recommendation for optional face covering. As an outcome of this move away from the general public law relating that was previously in effect, the present penalties and potential detention of up to one month for offenders of the measure are no longer deemed suitable retaliation. However, this does not rule out the possibility of masks being prescribed in a variety of settings in the future[footnoteRef:3]. [3: Arthur S. Leonard ‘NY Court: Anti-LGBTQ Brooklyn Pastor’s False Claims Not Defamatory Per Se’ (2021)]
The elimination of the mask mandate will need other revisions to Ireland's pandemic policy, including the dissolution of the National Epidemic Health Emergency Team (NPHET). Dr Holohan, the Chief Medical Officer, has recommended the formation of a smaller committee to keep monitoring the Covid-19 pandemic, according to the New York Times. It was decided that the team would withdraw in its existing shape and that it would be assimilated into the Ministry of Health. Regardless of the fact that it is against the regulations, the phrase could be seen on the doctor's T-shirt and the mask indicates what will be rendered ineffective.
When viewed in conjunction with the emergence of a framework on the relevance of masks, the draft bill should be viewed as allowing defendants in defamation court hearings to demand that the proceedings be dismissed on the ground that they are "decisive deliberations against respectful engagement." In order for wealthy and influential individuals and corporations are ensured to prevent opposition and examination. It also contains a slew of additional defamation rules that have been suggested.
2.
It is illegal to use or create copyrighted content without the express authorisation of the substance's creator or owner. Infringement of intellectual property rights refers to the violation of the fourth amendment given to the intellectual property owner. The exclusive usage content is for that same amount of time, as well as infringement by a third party. The owner of a copyright might also provide permission for everyone to utilise his or her work. Any of the acts listed above may constitute infringement if anyone is not the owner of the copyright and do not have authorisation to carry out those behaviours[footnoteRef:4]. [4: Bjorn Lundqvist, ‘Public Law, European Constitutionalism and Copyright in Standards’ (2019)]
The most prevalent types of copyright problems are covered under Irish copyright law (movies, recordings, books, etc.). Protection lasts for 70 years from the date of the author or creator's death. The Irish legal system incorporates fair dealing requirements that are comparable to those found in other jurisdictions. In 2012, a copyright measure that compared Wired to SOPA was suggested and it has the potential to pass without the approval of Congress.
The Copyright and Related Rights Act of 2000 serves as the primary copyright statute of Ireland (Amendment). Copyright is an inherent right in Ireland and unlike the majority of other nations, there is no need to register it. In the time that a work is produced, it is protected by copyright and it is protected by the graphic manifestation of the work. The ability to demonstrate when the work and copyright were produced is critical for the creator of the work since infringement procedures may need to be commenced or maintained at a later period in the career.
One method of doing this is to submit a duplicate of their work with a representation that has been approved, such as an attorney. Using this method, anyone may document or sign the paperwork the location / place that the deposit was made. If the work's author wishes to keep a copy of it for oneself, they might send it to themselves by registered mail. In this approach, "packages are stamped with a clear date," the original receipt is kept and a piece of unread envelope is owned by the company and that piece of work is completed at that time[footnoteRef:5]. They were able to corroborate that it existed. [5: Gayle E. Plenderleith, Thomas J. H. Dodd and Dave J. McCarthy, 'The Effect Of Breached Relay Ramp Structures On Deep‐Lacustrine Sedimentary Systems' [2022] Basin Research.]
It is also prohibited to replicate an individual's original work under Irish piracy legislation...
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