Broadcast Law Blog

Broadcast Law Blog

Category Archives: Website Issues

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FCC Adopts Online Public File Requirements for Radio, Satellite and Cable – To be Effective for Large Market Radio Later This Year

Posted in AM Radio, Cable Carriage, FM Radio, General FCC, Noncommercial Broadcasting, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
The FCC today adopted rules to require that the public inspection files of radio stations (and of cable television systems and operators of satellite radio and television companies) to put their public inspection files online.  While, thus far, the FCC has only released a public notice summarizing its decision and not the full text explaining… Continue Reading

Will the Proposal for an Online Public File for Radio and Cable and Satellite TV Be Adopted Soon?

Posted in AM Radio, Cable Carriage, FM Radio, General FCC, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Website Issues
The FCC appears poised to decide what to do with its proposals for an online public inspection file for radio stations, and for cable and satellite TV systems. The FCC’s list of “Items on Circulation” (orders that have been written and are being considered for approval by the FCC Commissioners) indicates that the decision has… Continue Reading

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction, FM Translators for AM Stations, Webcasting Fees, LUR Windows and More

Posted in AM Radio, Broadcast Auctions, Cable Carriage, Children's Programming and Advertising, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Internet Radio, Internet Video, Multiple Ownership Rules, Music Rights, On Line Media, Political Broadcasting, Television, Website Issues
While January starts off with some regulatory deadlines that apply to all broadcasters – Quarterly Issues Programs lists must be placed in a station’s public file by the 10th of January – there are many other dates that come due this month, dates to which broadcasters need to pay careful attention. For TV stations, they… Continue Reading

Court of Appeals Rules that Prohibition Against Federal Registration of Disparaging Trademarks is Unconstitutional Restriction of Free Speech

Posted in Intellectual Property, Trademark, Website Issues
A recent Court of Appeals decision that could have an impact on the Washington Redskins trademark dispute about their team name, is covered in the following article by my law partner, Mitchell Stabbe, who specializes in trademark law.  He writes about a case where the Court determined that a trademark rule that has led to… Continue Reading

DC Court Finds FilmOn X Internet TV Service is Not a Cable System and Cannot Rely on Statutory License to Retransmit Over-the-Air TV Signals

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, Television, Website Issues
The US District Court in Washington DC last week decided that FilmOn X could not rely on the compulsory license of Section 111 of the Copyright Act to retransmit the signal of over-the-air television stations to consumers over the Internet. The compulsory license allows a system to rebroadcast copyrighted material without getting express permission from… Continue Reading

December Regulatory Dates for Broadcasters – Ownership and EEO Reports, Retransmission Consent and Foreign Ownership Rulemaking Comments, Incentive Auction and Accessibility Obligations

Posted in Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, General FCC, Incentive Auctions/Broadband Report, Internet Video, Noncommercial Broadcasting, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
December is one of those months when all commercial broadcasters have at least one FCC deadline, and there are also many other filing dates of which many broadcasters need to take note.  For all commercial broadcasters, Biennial Ownership Reports are due on December 2.  Hopefully, most broadcasters have already completed this filing obligation, as FCC… Continue Reading

Beware of Using Photos on Your Website – Make Sure that You Have the Rights Before You Post

Posted in Intellectual Property, On Line Media, Website Issues
The use of photographs on websites continues to be an issue. According to trade press reports, lawsuits were filed against two broadcasters for the unauthorized use of photos on websites, though one suit was quickly dismissed as the named broadcaster in fact had purchased rights to the photos through Getty Images, a clearance house for… Continue Reading

Highlighting the Scope of Legal Issues that Can Arise in a Media Company’s Digital Operations

Posted in Appearances, Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
What legal issues should a broadcaster be concerned about when expanding its use of digital media?  Two weeks ago, I did a presentation for the CBI National Student Electronic Media Conference on issues for college broadcasters who are using digital media.  While this presentation was made to college broadcasters, most of the issues discussed are… Continue Reading

New Accessibility Compliance Deadlines for TV Stations Coming Very Soon

Posted in Digital Television, Emergency Communications, Internet Video, Low Power Television/Class A TV, On Line Media, Programming Regulations, Television, Website Issues
TV stations have in the past few years been hit with many requirements for making their programming – especially emergency information – accessible to all people within their service areas. Two deadlines loom in the very short term that stations need to remember – the requirements for converting text based emergency information aired on their… Continue Reading

FCC Revises Broadcast Contest Rules – Allows Disclosure of Material Rules on the Internet

Posted in Advertising Issues, AM Radio, FCC Fines, FM Radio, Television, Website Issues
The FCC yesterday agreed to modernize its contest rules, allowing broadcasters to publicize the material terms of a contest that is conducted by a station through posting those rules on an Internet website, rather than requiring that the material rules be read on the air often enough so that a listener is likely to have… Continue Reading

House Judiciary Committee Begins Nationwide Listening Tour on Copyright Reform – First Roundtable on September 22 in Nashville Focusing on Music Issues

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
The US House of Representatives has been looking at potential reform of the Copyright Act for some time, holding a number of hearings before the Committee here in Washington DC (see, for instance, our article here about one of those hearings). Yesterday, the Committee announced that it is taking its examination on the road, conducting… Continue Reading

FCC Chairman Details Issues Coming Soon for Broadcasters – Review of Retransmission Consent, Network Nonduplication, AM Improvements, and Contest Rules

Posted in Advertising Issues, AM Radio, Cable Carriage, Digital Radio, Digital Television, FM Radio, Programming Regulations, Television, Website Issues
In an article posted on the FCC’s blog yesterday, FCC Chairman Tom Wheeler listed four actions that would soon be coming out of the FCC to address broadcast issues. For TV, these include looking at what constitutes “good faith negotiations” in the retransmission consent context, and whether to do away with the FCC’s network nonduplication… Continue Reading

A Compulsory License for Internet TV Platforms to Retransmit Broadcast TV? One US District Court Considering FilmOnX Seems to Think So

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television, Website Issues
  Over-the-top video systems, using the Internet to transmit over-the-air TV signals to consumers, are back in the news. Last week, a US District Court Judge in the Central District of California, in a case involving FilmOnX, an Aereo-like service that had been involved in many of the court decisions that had preceded the Supreme… Continue Reading

Copyright Office Starts New Study on Enforcing Copyrights on Photos and Other Visual Images in a Digital World

Posted in Intellectual Property, Internet Video, On Line Media, Website Issues
We have written in the past about the concerns that broadcasters face about the unauthorized use of photos on station websites. Some broadcasters have had problems when they found that photos posted on their websites were posted without permission of the copyright holder – and representatives of the copyright holder contacted the stations with demands… Continue Reading

FCC Admonishes TV Station for Including Commercial Website Address in Children’s Program – A Good Reminder on Children’s Television Program Restrictions

Posted in Children's Programming and Advertising, FCC Fines, On Line Media, Programming Regulations, Television, Website Issues
In a decision just released by the FCC, a TV station was admonished for including, in the credits of a TV program, the URL for a website that contained commercial material. As this was deemed by the FCC to be an isolated occurrence, the station was only admonished, not fined for the violation. But the… Continue Reading

Beware of Music in Your Podcasts – SoundExchange, ASCAP, BMI and SESAC Don’t Give You the Rights You Need

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media, Programming Regulations, Website Issues
Last week, I listened in to presentation by RAIN News providing an excellent overview of the digital music industry (their Whitepaper setting out the findings reported during the presentation is available here).  One statement in that presentation suggested to me today’s topic – the use of music in podcasts.  In the RAIN presentation, a statement… Continue Reading

FCC Regulation of Internet Video? – Dates Set for Comments on Treating Over-the-Top Video Providers like Cable and Satellite TV

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Programming Regulations, Television, Website Issues
Who says that the Internet is not regulated?  Whether to treat Internet video providers by the same rules that apply to cable and direct broadcast satellite systems is the subject of a Notice of Proposed Rulemaking released by the FCC just before Christmas, notice of which was published in the Federal Register today, setting the… Continue Reading

FCC Proposes To Amend Rules Governing Broadcast Contests – Suggests Allowing Disclosure of Material Terms of the Contest on the Internet

Posted in AM Radio, FCC Fines, FM Radio, General FCC, Programming Regulations, Website Issues
The FCC on Friday proposed to amend its rules governing contests conducted by broadcast stations by allowing the required disclosure of the material terms of the contest on the Internet, as an option for broadcasters in lieu of the current requirement that these disclosures be made by broadcasting them on-the-air a reasonable number of times. … Continue Reading

Formal Proceedings to Begin to Revise Rules for Broadcasters’ On-Air Contests and Expand the Online Public File Obligations to Radio, Cable and Satellite

Posted in AM Radio, Cable Carriage, FCC Fines, FM Radio, General FCC, Political Broadcasting, Public Interest Obligations/Localism, Television, Website Issues
Since our note Friday about November regulatory dates for broadcasters, it’s become clear that the FCC will be acting on two more matters of interest to broadcasters – particularly radio broadcasters though each have some implications for TV as well.  First, as we hinted at the end of our article on Friday (the rumors that… Continue Reading

Why is a US Radio Station Getting a Notice about Webcasting Royalties in Canada? – Why Webcasters Geo-Block Their Streams to Avoid International Music Royalties

Posted in Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
An Alabama radio station recently received a notice about the new royalty rates that are payable to ReSound, the Canadian equivalent of SoundExchange, a collective set up to receive from webcasters royalties for the public performance of sound recordings and to distribute those royalties to the copyright holders (usually the labels) and the artists who… Continue Reading

FCC Seeks Comments on Expanding Online Public File Obligations to Radio and to Cable and Satellite Television Operators

Posted in AM Radio, Cable Carriage, FM Radio, General FCC, Political Broadcasting, Public Interest Obligations/Localism, Website Issues
The FCC has asked for public comment on whether it should extend the online public inspection file obligation to radio, and also whether it should adopt an online public file obligation for cable television and satellite television operators.  The latter proposal originates in a recent petition by the Sunlight Foundation and two other public interest… Continue Reading

Comment Dates Set for Rulemaking on the Required Captioning of Online Video Clips – What is Being Considered?

Posted in Digital Television, Internet Video, On Line Media, Television, Website Issues
The Commission has set the date for comments on it Further Notice of Proposed Rulemaking on certain aspects of the captioning of Online Video clips.  We recently summarized the FCC action setting up compliance deadlines for the captioning of video clips taken from programs that are shown on TV with captions, and then repurposed for… Continue Reading

FCC Adopts New Obligations to Caption Online Video Clips of TV Programs

Posted in Digital Television, Internet Video, On Line Media, Television, Uncategorized, Website Issues
The FCC on Friday voted to extend its rule about captioning TV video repurposed to the Internet so as to cover not only full television programs, but also clips of those programs.  While the rules already require that TV programming that is captioned when broadcast to be captioned when retransmitted in full over the Internet, the… Continue Reading