Download ebooks file The Law of Journalism and Mass Communication 7th Edition Susan D Ross Amy L Reynolds Robert E Trager all chapters

Download as pdf or txt
Download as pdf or txt
You are on page 1of 50

Download the Full Version of textbook for Fast Typing at textbookfull.

com

The Law of Journalism and Mass Communication 7th


Edition Susan D Ross Amy L Reynolds Robert E
Trager

https://textbookfull.com/product/the-law-of-journalism-and-
mass-communication-7th-edition-susan-d-ross-amy-l-reynolds-
robert-e-trager/

OR CLICK BUTTON

DOWNLOAD NOW

Download More textbook Instantly Today - Get Yours Now at textbookfull.com


Recommended digital products (PDF, EPUB, MOBI) that
you can download immediately if you are interested.

Statistics for Management and Economics 11th Edition G E R


ALD KELLER

https://textbookfull.com/product/statistics-for-management-and-
economics-11th-edition-g-e-r-a-l-d-k-e-l-l-e-r/

textboxfull.com

Do or Die 7th Edition Josh Reynolds

https://textbookfull.com/product/do-or-die-7th-edition-josh-reynolds/

textboxfull.com

The Norton Anthology of American Literature Volumes C D E


Ninth Edition Robert S. Levine

https://textbookfull.com/product/the-norton-anthology-of-american-
literature-volumes-c-d-e-ninth-edition-robert-s-levine/

textboxfull.com

The 2016 US Presidential Campaign: Political Communication


and Practice 1st Edition Robert E. Denton Jr.

https://textbookfull.com/product/the-2016-us-presidential-campaign-
political-communication-and-practice-1st-edition-robert-e-denton-jr/

textboxfull.com
Cognitive Communication Disorders 4th Edition Michael L
Kimbarow Sarah E Wallace

https://textbookfull.com/product/cognitive-communication-
disorders-4th-edition-michael-l-kimbarow-sarah-e-wallace/

textboxfull.com

Literature and Food Studies 1st Edition Amy L. Tigner

https://textbookfull.com/product/literature-and-food-studies-1st-
edition-amy-l-tigner/

textboxfull.com

Journalism and Communication in China and the West A Study


of History Education and Regulation Bing Tong

https://textbookfull.com/product/journalism-and-communication-in-
china-and-the-west-a-study-of-history-education-and-regulation-bing-
tong/
textboxfull.com

Salsas and Tacos The Santa Fe School of Cooking 2nd


Edition Susan D. Curtis

https://textbookfull.com/product/salsas-and-tacos-the-santa-fe-school-
of-cooking-2nd-edition-susan-d-curtis/

textboxfull.com

The Merck Veterinary Manual 11th Edition Susan E. Aiello

https://textbookfull.com/product/the-merck-veterinary-manual-11th-
edition-susan-e-aiello/

textboxfull.com
THE LAW OF JOURNALISM AND MASS
COMMUNICATION
Seventh Edition
For our families
THE LAW OF JOURNALISM AND MASS
COMMUNICATION
Seventh Edition

Susan Dente Ross

Washington State University

Amy Reynolds

Kent State University

Robert Trager

University of Colorado Boulder


FOR INFORMATION:

CQ Press

An Imprint of SAGE Publications, Inc.

2455 Teller Road

Thousand Oaks, California 91320

E-mail: [email protected]

SAGE Publications Ltd.

1 Oliver’s Yard

55 City Road

London EC1Y 1SP

United Kingdom

SAGE Publications India Pvt. Ltd.

B 1/I 1 Mohan Cooperative Industrial Area

Mathura Road, New Delhi 110 044

India

SAGE Publications Asia-Pacific Pte. Ltd.

18 Cross Street #10-10/11/12

China Square Central

Singapore 048423

Copyright © 2020 by CQ Press, an Imprint of SAGE Publications, Inc. CQ Press


is a registered trademark of Congressional Quarterly Inc.

All rights reserved. Except as permitted by U.S. copyright law, no part of this
work may be reproduced or distributed in any form or by any means, or stored
in a database or retrieval system, without permission in writing from the
publisher.
All third party trademarks referenced or depicted herein are included solely for
the purpose of illustration and are the property of their respective owners.
Reference to these trademarks in no way indicates any relationship with, or
endorsement by, the trademark owner.
Cover: details of Fauve, an art quilt, © Judith Tomlinson Trager.

Printed in the United States of America

Library of Congress Cataloging-in-Publication Data

Names: Ross, Susan Dente, author. | Reynolds, Amy, author. | Trager, Robert, author.

Title: The law of journalism and mass communication / Susan Dente Ross; Amy Reynolds;
Robert Trager.

Description: Seventh edition. | Thousand Oaks, California : CQ Press, an imprint of Sage


Publications, Inc., [2020] | Includes bibliographical references and index.

Identifiers: LCCN 2019020903 | ISBN 9781544377582 (pbk. : alk. paper)

Subjects: LCSH: Mass media—Law and legislation—United States. | Press law—United States. |
Freedom of the press—United States.

Classification: LCC KF2750 .T73 2020 | DDC 343.7309/9—dc23 LC record available at


https://lccn.loc.gov/2019020903

This book is printed on acid-free paper.

Acquisitions Editor: Lily Norton

Content Development Editor: Jennifer Jovin-Bernstein

Editorial Assistant: Sarah Wilson

Production Editor: Tracy Buyan

Copy Editor: Melinda Masson

Typesetter: C&M Digitals (P) Ltd.

Proofreader: Barbara Coster

Indexer: Jean Casalegno

Cover Designer: Scott Van Atta


Marketing Manager: Victoria Velasquez
BRIEF CONTENTS CHAPTER OUTLINE
CHAPTER OUTLINE CHAPTER OUTLINE
CHAPTER OUTLINE CHAPTER OUTLINE
CHAPTER OUTLINE CHAPTER OUTLINE
CHAPTER OUTLINE CHAPTER OUTLINE
CHAPTER OUTLINE CHAPTER OUTLINE
CHAPTER OUTLINE
List of Features
Preface
Acknowledgments
About the Authors
Chapter 1 • The Rule of Law: Law in a Changing Communication
Environment
Chapter 2 • The First Amendment: Speech and Press Freedoms
in Theory and Reality
Chapter 3 • Speech Distinctions: Different Categories Trigger
Distinct Treatment
Chapter 4 • Libel and Emotional Distress: The Plaintiff’s Case
Chapter 5 • Libel: Defenses and Privileges
Chapter 6 • Protecting Privacy: Conflicts Among the Press, the
Government and the Right to Privacy
Chapter 7 • Gathering Information: Opportunities and Obstacles
Chapter 8 • Overseeing Justice: Speech and Press Freedoms In
and About the Courts
Chapter 9 • Electronic Media Regulation: From Radio to the
Internet
Chapter 10 • Obscenity and Indecency: Social Norms and Legal
Standards
Chapter 11 • Intellectual Property: Protecting and Using
Intangible Creations
Chapter 12 • Advertising: When Speech and Commerce
Converge
Glossary
Notes
Case Index
Subject Index
DETAILED CONTENTS
List of Features
Preface
Acknowledgments
About the Authors
Chapter 1 • The Rule of Law: Law in a Changing Communication
Environment
Body of the Law
Constitutions
Statutes
Common Law
Equity Law
Administrative Law
Executive Orders
Structure of the Judicial System
Court Jurisdiction
Trial Courts
Courts of Appeal
The U.S. Supreme Court
Processes of the Law
Civil Suits
Summary Judgment
Emerging Law
Finding the Law
Reading Case Law
Briefing Cases
Analyzing Marbury v. Madison
Cases for Study
Marbury v. Madison
Citizens United v. Federal Election Commission
Chapter 2 • The First Amendment: Speech and Press Freedoms
in Theory and Reality
Where the First Amendment Came From
Foundations of First Amendment Theory
When “the Press” Changes
How the First Amendment Is Understood
Why We Value the First Amendment
How Government Restrains First Amendment Freedoms
How the Supreme Court Reviews Laws Affecting First
Amendment Rights
Content-Based Laws
Content-Neutral Laws
Speaking Politics
Speaking For and As the Government
Requiring Speech
Political Campaigning and Financing Elections
Speaking Anonymously
Assembling and Speaking in Public and Nonpublic Places
Private Property as a Public Forum
Funding as Forum
Associating Freely
Emerging Law
Cases for Study
New York Times Co. v. United States
Reed v. Town of Gilbert
Chapter 3 • Speech Distinctions: Different Categories Trigger
Distinct Treatment
Evolving Court Tests to Protect Disruptive Speech
From a Bad Tendency to a Clear and Present Danger
From Clear and Present Danger to Incitement
Speech Harms
Offensive Speech
Fighting Words
Hate Speech
Intimidation and Threats
Symbolic Speech
Burning Speech
Do Media Incite Harm?
Physical Harms
Negligence
Harmful Images
Other Harms
National Security and Tranquility
Threats to National Security
Speech in the Schools
Public Forum Analysis
The Tinker Test
The Fraser Approach
The Hazelwood Test
Choosing the Proper Test
Campus Speech
Speech Codes
Emerging Law
Cases for Study
Tinker v. Des Moines Independent Community School
District
Elonis v. United States
Chapter 4 • Libel and Emotional Distress: The Plaintiff’s Case
A Brief History
The Elements of Libel: The Plaintiff’s Case
Statement of Fact
Publication
Identification
Defamation
Falsity
Fault
Actual Malice
Emotional Distress
Intentional Infliction of Emotional Distress
Outrageousness
Actual Malice
Negligent Infliction of Emotional Distress
Emerging Law
Cases for Study
New York Times Co. v. Sullivan
Hustler Magazine, Inc. v. Falwell
Chapter 5 • Libel: Defenses and Privileges
Truth
Anti-SLAPP Protection
Fair Report Privilege
Opinion
Letters to the Editor and Online Comments
Rhetorical Hyperbole, Parody and Satire
Section 230 Immunity
Other Defenses
Neutral Reportage
Wire Service Defense
Single-Publication Rule
The Libel-Proof Plaintiff
Additional Defense Considerations
Summary Judgment
Motion to Dismiss for Actual Malice
Jurisdiction
Statutes of Limitations
Retractions
Emerging Law
Cases for Study
Milkovich v. Lorain Journal Co.
Dallas Morning News v. Tatum
Chapter 6 • Protecting Privacy: Conflicts Among the Press, the
Government and the Right to Privacy
Constitutional Right to Privacy
Privacy Torts
Intrusion
Intrusion on Private Property
Defenses
False Light
Plaintiff’s Case
Defenses
Appropriation
Commercialization and Right of Publicity
Plaintiff’s Case
Defenses
Private Facts
Publicity
Intimate Facts
Legitimate Public Concern
First Amendment Defense
Privacy and Data Protection
Emerging Law
Cases for Study
Cox Broadcasting Corp. v. Cohn
Carpenter v. United States
Chapter 7 • Gathering Information: Opportunities and Obstacles
Brief Overview of Access
First Amendment Right of Access
Access to Public and Quasi-Public Places
Right to Record
Statutory Right of Access
Access to Federal and State Records
Access to Federal and State Meetings
Face-to-Face and Participant Recording
Statutory Limits to Access
Intrusion and Trespass Laws
Exemptions to Open Records
Exemptions to Open Meetings
Privacy
Covert Recording or Intercepting “Wire”
Communications
Other Limits to Gathering Information
Harassment and Stalking
Fraud and Misrepresentation
Problems With Sources and Confidentiality
Emerging Law
Cases for Study
U.S. Department of Justice v. Reporters Committee for
Freedom of the Press
Wilson v. Layne
Chapter 8 • Overseeing Justice: Speech and Press Freedoms In
and About the Courts
Access to Courts and Court Records
Presuming the Openness of Trials
Broadcasting and Recording Court Proceedings
Using Newer Technologies in the Courts
Accessing Court Records
Electronically Accessing Court Records
Advancing Fairness in Trials
Following Sheppard
Judging Impartially
Balancing Interests
Requiring Evidence
Penalizing Failure to Disclose
Protecting Juveniles
Protecting Sexual Assault Victims
Protecting State Secrets and National Security
Closing Courts
Advancing the Flow of News
Guiding Media Coverage of Courts
Protecting Confidential Information
Providing a Limited Privilege
Applying Shield Laws
Clarifying What Shield Laws Cover
Finding Other Protections
Challenging Closures
Emerging Law
Cases for Study
Richmond Newspapers, Inc. v. Virginia
People v. Owens
Chapter 9 • Electronic Media Regulation: From Radio to the
Internet
Brief Overview of Electronic Media
History of Broadcast Regulation
Reasons to Regulate Broadcasting
Spectrum Scarcity
The Public Interest Standard
Federal Communications Commission
How Does the FCC Work?
What Does the FCC Do?
FCC Ownership Rules
Public Broadcasting
Broadcast Programming Rules
Political Broadcasting Regulations
Children’s Programming Requirements
Multichannel Video Programming Distributor Regulation
History of Cable and Satellite Regulation
Must-Carry and Retransmission Consent
Public Access Channels
Internet Regulation
Net Neutrality
Emerging Law
Cases for Study
Red Lion Broadcasting Co., Inc. v. Federal
Communications Commission
Turner Broadcasting System, Inc. v. Federal
Communications Commission
Chapter 10 • Obscenity and Indecency: Social Norms and Legal
Standards
Obscenity
Comstock and Hicklin
Current Obscenity Definition
The Miller Test
Sexually Explicit Material and Children
Other Considerations
Indecency
Federal Communications Commission Regulation
Obscenity, Indecency and the Internet
Emerging Law
Cases for Study
Federal Communications Commission v. Pacifica
Foundation
Federal Communications Commission v. Fox Television
Stations, Inc.
Chapter 11 • Intellectual Property: Protecting and Using
Intangible Creations
Copyright
What Does a Copyright Protect?
Exclusive Rights and Limitations
Duration, Licensing and Scope
Copyright Infringement
Fair Use Defense
DMCA Safe Harbor Protections
Trademarks
Distinctiveness Requirement
Registering a Trademark
Domain Names and Keywords
Trademark Infringement
Defenses
Emerging Law
Cases for Study
Matal v. Tam
American Broadcasting Companies, Inc. v. Aereo, Inc.
Chapter 12 • Advertising: When Speech and Commerce
Converge
Defining Commercial Speech
Testing Commercial Speech Protection
Compelling Commercial Speech
Promoting Disfavored Products
Tobacco
Gambling
Alcohol
Prescription Drugs
Guns
Advertising on Government Property
Promoting and Publicizing Businesses and Professionals
Restricting False or Misleading Commercial Speech
Regulating Commercial Speech Concerns
The Federal Trade Commission
The Federal Communications Commission
The Federal Election Commission
The Food and Drug Administration and Others
Emerging Law
Cases for Study
Central Hudson Gas & Electric Corp. v. Public Service
Commission of New York
Sorrell v. IMS Health, Inc.
Glossary
Notes
Case Index
Subject Index
LIST OF FEATURES

Chapter 1 • The Rule of Law: Law in a Changing


Communication Environment

Cases for Study 36

Marbury v. Madison 36

Citizens United v. Federal Election Commission 39

International Law

Four Foundations of the Rule of Law 4

U.S. Rule of Law Does Not Rank First 4

U.S. Courts May (or May Not) Apply International Laws


8

Judicial Selection Processes Need to Support Rule of


Law 24

Points of Law

The Three Branches of Federal Government 7

Three-Part Test for Specific Court Jurisdiction 16


Real World Law

Precedent Is a Cornerstone of the Rule of Law 11

Scalia Said Rules, History Should Guide Court


Interpretations 25

Chapter 2 • The First Amendment: Speech and Press


Freedoms in Theory and Reality

Cases for Study 77

New York Times Co. v. United States 77

Reed v. Town of Gilbert 80

International Law

The U.S. War on Information? 51

Points of Law

Supreme Court’s Doctrine in Near v. Minnesota 59

What Is a Prior Restraint? 61

Strict Scrutiny 63

O’Brien Intermediate Scrutiny 65

Intermediate Scrutiny After Reed v. Town of Gilbert 65


Where Can I Speak? 75

Real World Law

What’s Publication? 52

Courts Grapple With Meaning/Significance of Emoji 53

Some Core Values of Free Speech 58

Post–Citizens United: Outside Donors Shape Political


Campaigns 70

Right to Speak Anonymously Likely Fails to Protect Your


Data 72

Controlling Space to Limit Protest? 74

Chapter 3 • Speech Distinctions: Different Categories


Trigger Distinct Treatment

Cases for Study 122

Tinker v. Des Moines Independent Community School


District 123

Elonis v. United States 126

International Law

Is Online Censorship the Answer? 99


Points of Law

The Brandenburg Incitement Test 94

Fighting Words 98

Test for a True Threat 102

Media Liability for Negligence 106

Court Review of Non-University-Student Speech 115

Real World Law

Democracy’s Unreasoned, Uncivil Promise 92

Cyberbullying 97

Are Campuses Free-Speech-Free Zones? 118

Chapter 4 • Libel and Emotional Distress: The Plaintiff’s


Case

Cases for Study 169

New York Times Co. v. Sullivan 169

Hustler Magazine, Inc. v. Falwell 171

International Law
U.S. Jurisdiction and Libel Tourism 155

Points of Law

The Plaintiff’s Libel Case 138

“Reckless Disregard” Criteria 154

Plaintiffs and Standard of Fault 158

IIED and NIED 167

Real World Law

What Is Fake News? 137

The President and Defamation 140

Lessons Learned From the Rolling Stone Defamation


Lawsuit 144

Contemporary Threats to Times v. Sullivan 150

Chapter 5 • Libel: Defenses and Privileges

Cases for Study 200

Milkovich v. Lorain Journal Co. 200

Dallas Morning News v. Tatum 203

International Law
International Jurisdiction in Libel Actions 194

Points of Law

Fair Report Privilege 181

Post-Milkovich Opinion Defense 186

Does Section 230 Immunity Apply? 191

Neutral Reportage 192

The Wire Service Defense 193

Real World Law

Fair Comment and Criticism 184

Chapter 6 • Protecting Privacy: Conflicts Among the


Press, the Government and the Right to Privacy

Cases for Study 246

Cox Broadcasting Corp. v. Cohn 246

Carpenter v. United States 249

International Law

Global Data Protection Regulation in the EU 239


Points of Law

Constitutional Right to Privacy 217

Intrusion by Trespass 221

False Light 225

Appropriation 230

Private Facts 238

Real World Law

Does Potential Illegality Impact Newsworthiness? 232

Chapter 7 • Gathering Information: Opportunities and


Obstacles

Cases for Study 293

U.S. Department of Justice v. Reporters Committee for


Freedom of the Press 294

Wilson v. Layne 298

Points of Law

Records Under FOIA 265


State Open-Meetings Laws: The New York Example
270

Media Distribution of Illegally Intercepted Calls 273

States That Forbid Hidden Cameras in Private Places


274

Wilson v. Layne: The State of Ride-Alongs 275

Freedom of Information Act: The Nine Exemptions 278

Real World Law

Sample FOIA Request Letter 267

Chilling Hospital PR: Patient Approval Required 287

Chapter 8 • Overseeing Justice: Speech and Press


Freedoms In and About the Courts

Cases for Study 344

Richmond Newspapers, Inc. v. Virginia 344

People v. Owens 350

International Law

India’s Supreme Court Allows (Security) Cameras in


Courts 309

Canada Says Stop Trampling on Reporters’ Rights 333


Points of Law

Open Courts 307

Contempt of Court 324

The Press-Enterprise Test for Court Closure 328

Closing Media Mouths: The Nebraska Press Association


Standard 329

What Is Fair Coverage of Criminal Trials? 331

The Reporter’s Privilege Test 335

Whom Shield Laws Protect 339

Real World Law

Managing New Media in Courts 311

Does Publicity Bias Jurors? 316

Judicial Impartiality and “Friends” of the Court 321

Your Data Are Not Safe From Government (Sp)Eyes


322

The Questionable Truth of “True Crime” 338

Chapter 9 • Electronic Media Regulation: From Radio to


the Internet

Cases for Study 383


Red Lion Broadcasting Co., Inc. v. Federal
Communications Commission 383

Turner Broadcasting System, Inc. v. Federal


Communications Commission 388

International Law

Expand Foreign Ownership? 371

Points of Law

Section 315 of the Communications Act of 1934 369

Real World Law

The FCC Commissioners 361

Modernization of the FCC 362

Media Consolidation and Diversity 367

FCC Overturns Sports Blackout Rules 374

Online Video Distributors 376

Chapter 10 • Obscenity and Indecency: Social Norms


and Legal Standards

Cases for Study 418


Exploring the Variety of Random
Documents with Different Content
THE SLAVE MINGO’S POEM.
To the Editor of the Boston Journal:
[The following remarkable poem was sent me from the
South by a friend, who informs me that the author of it was
a slave named Mingo, a man of wonderful talents, and on
that account oppressed by his master. While in the slave-
prison, he penciled this poetic gem on one of the beams,
which was afterwards found and copied. My friend adds
that Mingo did escape, at night, but was recaptured and
destroyed by the bloodhounds. My friend promises to
send other poems of his, which, he says, are in
possession of Mingo’s aged wife.]
C. W.

Good God! and must I leave them now—


My wife, my children, in their woe?
’Tis mockery to say I’m sold—
But I forget these chains so cold,
Which goad my bleeding limbs, though high
My reason mounts above the sky.
Dear wife, they cannot sell the rose
Of love, that in my bosom glows.
Remember, as your tears may start,
They cannot sell th’ immortal part!
Thou sun, which lightest bond and free,
Tell me, I pray, is liberty
The lot of those who noblest feel,
And oftest to Jehovah kneel?
Then I may say, but not with pride,
I feel the rushings of the tide
Of reason and of eloquence,
Which strive and yearn for eminence.
I feel high manhood on me now,
A spirit-glory on my brow;
I feel a thrill of music roll,
Like angel harpings, through my soul,
While poesy, with rustling wings,
Upon my spirit rests and sings;
He sweeps my heart’s deep throbbing lyre,
Who touched Isaiah’s lips with fire.

To Plymouth Rock, ye breezes, bear


These words from me, as I would dare,
If I were free: Is not our God
Our common Father?—from the sod
He formed us all; then brothers—yes;
We’re brothers all, though some oppress,
And grind their equals in the dust.
O Heaven! tell me, is this just?
’Tis fiendish. No! I will not go,
And leave my children here in woe!
God help me! Out, bright dagger! gleam,
And find the coward’s heart, and stream
With fiendish blood! This night, this night,
Or I am free, or it shall smite
The master and his slave, and we
Will seek the heavenly liberty!
There will my master’s bloody lash
No longer lacerate * * *

Note. The last line was, from some cause, incomplete;


perhaps his feelings overcame him at the conception. I
concluded to give it as it was. C. W.
TRANSCRIBER’S NOTES:
Obvious typographical errors have been corrected.
Inconsistencies in hyphenation have been
standardized.
Archaic or variant spelling has been retained.
The cover image for this eBook was created by the
transcriber and is entered into the public domain.
*** END OF THE PROJECT GUTENBERG EBOOK THE SLAVE-
AUCTION ***

Updated editions will replace the previous one—the old editions


will be renamed.

Creating the works from print editions not protected by U.S.


copyright law means that no one owns a United States copyright
in these works, so the Foundation (and you!) can copy and
distribute it in the United States without permission and without
paying copyright royalties. Special rules, set forth in the General
Terms of Use part of this license, apply to copying and
distributing Project Gutenberg™ electronic works to protect the
PROJECT GUTENBERG™ concept and trademark. Project
Gutenberg is a registered trademark, and may not be used if
you charge for an eBook, except by following the terms of the
trademark license, including paying royalties for use of the
Project Gutenberg trademark. If you do not charge anything for
copies of this eBook, complying with the trademark license is
very easy. You may use this eBook for nearly any purpose such
as creation of derivative works, reports, performances and
research. Project Gutenberg eBooks may be modified and
printed and given away—you may do practically ANYTHING in
the United States with eBooks not protected by U.S. copyright
law. Redistribution is subject to the trademark license, especially
commercial redistribution.

START: FULL LICENSE


THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the


free distribution of electronic works, by using or distributing this
work (or any other work associated in any way with the phrase
“Project Gutenberg”), you agree to comply with all the terms of
the Full Project Gutenberg™ License available with this file or
online at www.gutenberg.org/license.

Section 1. General Terms of Use and


Redistributing Project Gutenberg™
electronic works
1.A. By reading or using any part of this Project Gutenberg™
electronic work, you indicate that you have read, understand,
agree to and accept all the terms of this license and intellectual
property (trademark/copyright) agreement. If you do not agree to
abide by all the terms of this agreement, you must cease using
and return or destroy all copies of Project Gutenberg™
electronic works in your possession. If you paid a fee for
obtaining a copy of or access to a Project Gutenberg™
electronic work and you do not agree to be bound by the terms
of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only


be used on or associated in any way with an electronic work by
people who agree to be bound by the terms of this agreement.
There are a few things that you can do with most Project
Gutenberg™ electronic works even without complying with the
full terms of this agreement. See paragraph 1.C below. There
are a lot of things you can do with Project Gutenberg™
electronic works if you follow the terms of this agreement and
help preserve free future access to Project Gutenberg™
electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the
collection of Project Gutenberg™ electronic works. Nearly all the
individual works in the collection are in the public domain in the
United States. If an individual work is unprotected by copyright
law in the United States and you are located in the United
States, we do not claim a right to prevent you from copying,
distributing, performing, displaying or creating derivative works
based on the work as long as all references to Project
Gutenberg are removed. Of course, we hope that you will
support the Project Gutenberg™ mission of promoting free
access to electronic works by freely sharing Project
Gutenberg™ works in compliance with the terms of this
agreement for keeping the Project Gutenberg™ name
associated with the work. You can easily comply with the terms
of this agreement by keeping this work in the same format with
its attached full Project Gutenberg™ License when you share it
without charge with others.

1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside
the United States, check the laws of your country in addition to
the terms of this agreement before downloading, copying,
displaying, performing, distributing or creating derivative works
based on this work or any other Project Gutenberg™ work. The
Foundation makes no representations concerning the copyright
status of any work in any country other than the United States.

1.E. Unless you have removed all references to Project


Gutenberg:

1.E.1. The following sentence, with active links to, or other


immediate access to, the full Project Gutenberg™ License must
appear prominently whenever any copy of a Project
Gutenberg™ work (any work on which the phrase “Project
Gutenberg” appears, or with which the phrase “Project
Gutenberg” is associated) is accessed, displayed, performed,
viewed, copied or distributed:

This eBook is for the use of anyone anywhere in the United


States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it
away or re-use it under the terms of the Project Gutenberg
License included with this eBook or online at
www.gutenberg.org. If you are not located in the United
States, you will have to check the laws of the country where
you are located before using this eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is


derived from texts not protected by U.S. copyright law (does not
contain a notice indicating that it is posted with permission of the
copyright holder), the work can be copied and distributed to
anyone in the United States without paying any fees or charges.
If you are redistributing or providing access to a work with the
phrase “Project Gutenberg” associated with or appearing on the
work, you must comply either with the requirements of
paragraphs 1.E.1 through 1.E.7 or obtain permission for the use
of the work and the Project Gutenberg™ trademark as set forth
in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is


posted with the permission of the copyright holder, your use and
distribution must comply with both paragraphs 1.E.1 through
1.E.7 and any additional terms imposed by the copyright holder.
Additional terms will be linked to the Project Gutenberg™
License for all works posted with the permission of the copyright
holder found at the beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project


Gutenberg™ License terms from this work, or any files
containing a part of this work or any other work associated with
Project Gutenberg™.
1.E.5. Do not copy, display, perform, distribute or redistribute
this electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1
with active links or immediate access to the full terms of the
Project Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form,
including any word processing or hypertext form. However, if
you provide access to or distribute copies of a Project
Gutenberg™ work in a format other than “Plain Vanilla ASCII” or
other format used in the official version posted on the official
Project Gutenberg™ website (www.gutenberg.org), you must, at
no additional cost, fee or expense to the user, provide a copy, a
means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original “Plain Vanilla ASCII” or other
form. Any alternate format must include the full Project
Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,


performing, copying or distributing any Project Gutenberg™
works unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or


providing access to or distributing Project Gutenberg™
electronic works provided that:

• You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
about donations to the Project Gutenberg Literary Archive
Foundation.”

• You provide a full refund of any money paid by a user who


notifies you in writing (or by e-mail) within 30 days of receipt that
s/he does not agree to the terms of the full Project Gutenberg™
License. You must require such a user to return or destroy all
copies of the works possessed in a physical medium and
discontinue all use of and all access to other copies of Project
Gutenberg™ works.

• You provide, in accordance with paragraph 1.F.3, a full refund of


any money paid for a work or a replacement copy, if a defect in
the electronic work is discovered and reported to you within 90
days of receipt of the work.

• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project


Gutenberg™ electronic work or group of works on different
terms than are set forth in this agreement, you must obtain
permission in writing from the Project Gutenberg Literary
Archive Foundation, the manager of the Project Gutenberg™
trademark. Contact the Foundation as set forth in Section 3
below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend


considerable effort to identify, do copyright research on,
transcribe and proofread works not protected by U.S. copyright
law in creating the Project Gutenberg™ collection. Despite
these efforts, Project Gutenberg™ electronic works, and the
medium on which they may be stored, may contain “Defects,”
such as, but not limited to, incomplete, inaccurate or corrupt
data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other
medium, a computer virus, or computer codes that damage or
cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES -


Except for the “Right of Replacement or Refund” described in
paragraph 1.F.3, the Project Gutenberg Literary Archive
Foundation, the owner of the Project Gutenberg™ trademark,
and any other party distributing a Project Gutenberg™ electronic
work under this agreement, disclaim all liability to you for
damages, costs and expenses, including legal fees. YOU
AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE,
STRICT LIABILITY, BREACH OF WARRANTY OR BREACH
OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH
1.F.3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER
THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR
ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF
THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If


you discover a defect in this electronic work within 90 days of
receiving it, you can receive a refund of the money (if any) you
paid for it by sending a written explanation to the person you
received the work from. If you received the work on a physical
medium, you must return the medium with your written
explanation. The person or entity that provided you with the
defective work may elect to provide a replacement copy in lieu
of a refund. If you received the work electronically, the person or
entity providing it to you may choose to give you a second
opportunity to receive the work electronically in lieu of a refund.
If the second copy is also defective, you may demand a refund
in writing without further opportunities to fix the problem.

1.F.4. Except for the limited right of replacement or refund set


forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’,
WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied


warranties or the exclusion or limitation of certain types of
damages. If any disclaimer or limitation set forth in this
agreement violates the law of the state applicable to this
agreement, the agreement shall be interpreted to make the
maximum disclaimer or limitation permitted by the applicable
state law. The invalidity or unenforceability of any provision of
this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the


Foundation, the trademark owner, any agent or employee of the
Foundation, anyone providing copies of Project Gutenberg™
electronic works in accordance with this agreement, and any
volunteers associated with the production, promotion and
distribution of Project Gutenberg™ electronic works, harmless
from all liability, costs and expenses, including legal fees, that
arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project
Gutenberg™ work, (b) alteration, modification, or additions or
deletions to any Project Gutenberg™ work, and (c) any Defect
you cause.

Section 2. Information about the Mission of


Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new
computers. It exists because of the efforts of hundreds of
volunteers and donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the


assistance they need are critical to reaching Project
Gutenberg™’s goals and ensuring that the Project Gutenberg™
collection will remain freely available for generations to come. In
2001, the Project Gutenberg Literary Archive Foundation was
created to provide a secure and permanent future for Project
Gutenberg™ and future generations. To learn more about the
Project Gutenberg Literary Archive Foundation and how your
efforts and donations can help, see Sections 3 and 4 and the
Foundation information page at www.gutenberg.org.

Section 3. Information about the Project


Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-
profit 501(c)(3) educational corporation organized under the
laws of the state of Mississippi and granted tax exempt status by
the Internal Revenue Service. The Foundation’s EIN or federal
tax identification number is 64-6221541. Contributions to the
Project Gutenberg Literary Archive Foundation are tax
deductible to the full extent permitted by U.S. federal laws and
your state’s laws.

The Foundation’s business office is located at 809 North 1500


West, Salt Lake City, UT 84116, (801) 596-1887. Email contact
links and up to date contact information can be found at the
Foundation’s website and official page at
www.gutenberg.org/contact

Section 4. Information about Donations to


the Project Gutenberg Literary Archive
Foundation
Project Gutenberg™ depends upon and cannot survive without
widespread public support and donations to carry out its mission
of increasing the number of public domain and licensed works
that can be freely distributed in machine-readable form
accessible by the widest array of equipment including outdated
equipment. Many small donations ($1 to $5,000) are particularly
important to maintaining tax exempt status with the IRS.

The Foundation is committed to complying with the laws


regulating charities and charitable donations in all 50 states of
the United States. Compliance requirements are not uniform
and it takes a considerable effort, much paperwork and many
fees to meet and keep up with these requirements. We do not
solicit donations in locations where we have not received written
confirmation of compliance. To SEND DONATIONS or
determine the status of compliance for any particular state visit
www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states


where we have not met the solicitation requirements, we know
of no prohibition against accepting unsolicited donations from
donors in such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot


make any statements concerning tax treatment of donations
received from outside the United States. U.S. laws alone swamp
our small staff.

Please check the Project Gutenberg web pages for current


donation methods and addresses. Donations are accepted in a
number of other ways including checks, online payments and
credit card donations. To donate, please visit:
www.gutenberg.org/donate.

Section 5. General Information About Project


Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could
be freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose
network of volunteer support.

Project Gutenberg™ eBooks are often created from several


printed editions, all of which are confirmed as not protected by
copyright in the U.S. unless a copyright notice is included. Thus,
we do not necessarily keep eBooks in compliance with any
particular paper edition.

Most people start at our website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,


including how to make donations to the Project Gutenberg
Literary Archive Foundation, how to help produce our new
eBooks, and how to subscribe to our email newsletter to hear
about new eBooks.
Welcome to our website – the ideal destination for book lovers and
knowledge seekers. With a mission to inspire endlessly, we offer a
vast collection of books, ranging from classic literary works to
specialized publications, self-development books, and children's
literature. Each book is a new journey of discovery, expanding
knowledge and enriching the soul of the reade

Our website is not just a platform for buying books, but a bridge
connecting readers to the timeless values of culture and wisdom. With
an elegant, user-friendly interface and an intelligent search system,
we are committed to providing a quick and convenient shopping
experience. Additionally, our special promotions and home delivery
services ensure that you save time and fully enjoy the joy of reading.

Let us accompany you on the journey of exploring knowledge and


personal growth!

textbookfull.com

You might also like