Digital Millennium Copy Right Act (DMCA)

Actual Bill 105 P.L. 304

DMCA is a copyright law that applies two 1996 treaties of the World Intellectual Property Organization (WIPO). It proscribes both the production and dissemination of technology, devices, or services intended to by-pass measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also outlaws the act of circumventing an access control, whether or not there is actual infringement of copyright itself.

15 USC 41

Prerequisites for Federal Trade Commission Action Against Individual Advertisers
(1)The advertisements in question must have been
- (a)deceptive, or
- (b)unfair methods of competition;2
(2)The deception or unfairness must concern a fact material to the addressee of the advertisements;3
(3)The public interest must require the action.

*2-17 The Law of Advertising § 17.04

15 UCS 52 Lanham Act

15 U.S. Code § 52 - Dissemination of false advertisements

(a) Unlawfulness

It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—

(1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or

(2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.

(b) Unfair or deceptive act or practice

The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.

LII has no control over and does not endorse any external Internet site that contains links to or references LII.

Obscene Language

18 U.S.C.A. § 1464

§ 1464. Broadcasting obscene language

Currentness

Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.

Alcohol

Federal Alcohol Administration Act (27 U.S.C. §§ 201-219a)

Prohibits statements on alcoholic beverage labels and in advertisements that criticize a competitor’s products or are false, misleading, obscene, or indecent.

Requires that alcoholic beverages contain a specific warning label regarding the impact of drinking on health.

The CALM Act

Click on the image to play video

COMMERCIAL ADVERTISEMENT LOUDNESS MITIGATION ACT, 111 P.L. 311, 124 Stat. 3294

Enacted, December 15, 2010

Reporter
124 Stat. 3294 | 111 P.L. 311 | 2010 Enacted S. 2847 | 111 Enacted S. 2847

Synopsis

An Act

To regulate the volume of audio on commercials.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Commercial Advertisement Loudness Mitigation Act" or the "CALM Act".

SEC. 2. RULEMAKING ON LOUD COMMERCIALS REQUIRED.

(a) Rulemaking Required.-- Within 1 year after the date of enactment of this Act, the Federal Communications Commission shall prescribe pursuant to the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) a regulation that is limited to incorporating by reference and making mandatory (subject to any waivers the Commission may grant) the "Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television" (A/85), and any successor thereto, approved by the Advanced Television Systems Committee, only insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor.

(b) Implementation.--
- (1) Effective date.-- The Federal Communications Commission shall prescribe that the regulation adopted pursuant to subsection (a) shall become effective 1 year after the date of its adoption.
- (2) Waiver.-- For any television broadcast station, cable operator, or other multichannel video programming distributor that demonstrates that obtaining the equipment to comply with the regulation adopted pursuant to subsection (a) would result in financial hardship, the Federal Communications Commission may grant a waiver of the effective date set forth in paragraph (1) for 1 year and may renew such waiver for 1 additional year.
- (3) Waiver authority.-- Nothing in this section affects the Commission's authority under section 1.3 of its rules (47 C.F.R. 1.3) to waive any rule required by this Act, or the application of any such rule, for good cause shown to a television broadcast station, cable operator, or other multichannel video programming distributor, or to a class of such stations, operators, or distributors.

(c) Compliance.-- Any broadcast television operator, cable operator, or other multichannel video programming distributor that installs, utilizes, and maintains in a commercially reasonable [3295] manner the equipment and associated software in compliance with the regulations issued by the Federal Communications Commission in accordance with subsection (a) shall be deemed to be in compliance with such regulations.

(d) Definitions.-- For purposes of this section--
- (1) the term "television broadcast station" has the meaning given such term in section 325 of the Communications Act of 1934 ( 47 U.S.C. 325); and
- (2) the terms "cable operator" and "multi-channel video programming distributor" have the meanings given such terms in section 602 of Communications Act of 1934 ( 47 U.S.C. 522).

Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.

Advertising and the Law By Rodriguez-Sierra, Jorge: Statutes