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Broadcast Law Blog

Category Archives: Website Issues

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Legal Issues for Digital Audio Companies – A Presentation

Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media, Trademark, Website Issues
This week, I was given 15 minutes at the RAIN (Radio and Internet Newsletter) Summit in Nashville to summarize all of the legal issues that are important to digital audio companies including webcasters and podcasters.  While getting everything into a presentation that short entailed some speed talking and the briefest description of many very complicated… Continue Reading

What’s Up With Music Rights for Broadcasters and Webcasters? – A Presentation on Pending Issues

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
While this summer has perhaps not brought the big headlines in trade press about copyright issues involving broadcasters – particularly in the area of music rights – there still are many issues that are active. I addressed some of those issues in a presentation earlier this month at the Texas Association of Broadcasters Annual Convention. I… Continue Reading

Congressional Proposal for Copyright Small Claims Court – What Does It Suggest?

Posted in Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
In the last few weeks, we’ve seen almost daily press reports of new lawsuits against media companies being sued for the use of photos on their websites without permission of the photographers. We’ve written many times about copyright issues that can arise if media companies put content on their website without getting permission of the… Continue Reading

Beware – Using Online Photos and Videos in Radio and TV Productions and on Websites Can Bring Lawsuits for Copyright Infringement if Rights are Not Secured in Advance

Posted in Intellectual Property, Internet Video, Programming Regulations, Website Issues
Everyone who has a computer, smartphone, or other Internet-connected device has probably spent at least some time perusing photos or videos of cute pets or babies, or of the latest amazing (or sometimes amazingly stupid) things that people do. Broadcasters, in particular, with an audience to reach both through their over-the-air facilities and on their… Continue Reading

SOCAN Buys Audiam – The Consolidation and Fragmentation of Music Rights – What Does it Mean for Music Services?

Posted in Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
The Canadian performance rights society SOCAN (essentially the Canadian version of ASCAP, BMI and SESAC) has announced the purchase of Audiam, a private company that specialized in representing composers trying to maximize their music rights collections – both for performance rights and mechanical royalties – worldwide. Audiam also claims to provide a comprehensive database of… Continue Reading

Axl Rose DMCA Takedown Notices Illustrate the Difficulty With Safe Harbor Reforms – User-Generated Content and Fair Use Issues

Posted in Intellectual Property, Music Rights, Website Issues
In recent days, the press has been full of stories about Axl Rose from the band Guns N’ Roses sending take-down notices to websites, including Google affiliated sites, that feature a picture taken of him from one of his concerts making him look to be overweight (see, e.g. stories available here, here and here). The… Continue Reading

The Online Public Inspection File– A Presentation on the Requirements for Radio, and an FCC Workshop for All Users on Procedures for Using the New System

Posted in AM Radio, FM Radio, Public Interest Obligations/Localism, Television, Website Issues
The online public inspection file for radio stations becomes a reality for most Top 50 market stations on June 24. Yesterday, I conducted a webinar for members of 19 state broadcast associations, discussing the process for the transition to the online public file. I also outlined obligations for maintaining the public file and the required… Continue Reading

FCC Announces June 24 Effective Date for Radio Online Public Inspection File and New System for TV Stations Online File, Plus a Reminder to Upload JSAs

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, Multiple Ownership Rules, On Line Media, Political Broadcasting, Public Interest Obligations/Localism, Television, Website Issues
The FCC today issued a Public Notice that the obligation will begin on June 24 to start uploading documents to the online public file for radio stations in the Top 50 markets .   For Top 50 market commercial radio stations that are part of employment units with 5 or more full-time employees, the June 24… Continue Reading

New Federal Advertising Rules on E-Cigs and Other Tobacco Products Adopted – To Become Effective within Two Years

Posted in Advertising Issues, AM Radio, FM Radio, Internet Radio, Internet Video, On Line Media, Television, Website Issues
E-Cigs and vape shops have become a new advertising category for many broadcast stations over the last few years. Unlike ads for cigarettes, little cigars, and smokeless (chewing) tobacco, which are effectively banned on broadcast stations, there are currently few Federal rules on e-cigs. Ads currently cannot make health claims about the product (so the… Continue Reading

Copyright Office Reviews Section 512 Safe Harbor for Online User-Generated Content – The Differing Perceptions of Musicians and Other Copyright Holders and Online Service Providers on the Notice and Take-Down Process

Posted in Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
Both the popular and media trade press has been full of reports in the last few weeks about musicians and other artists petitioning the Copyright Office to hold YouTube and other online services liable for infringement when the artists’ copyrighted material appears on the service (see, e.g. the articles here and here). The complaints allege… Continue Reading

Online Public Inspection File for Radio Still in the Future – Practical Impact Still a Few Months Away

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, On Line Media, Political Broadcasting, Public Interest Obligations/Localism, Television, Website Issues
In the last day or two, some broadcast trade press reports may have given the impression that the FCC’s new online public file rules for radio may now be “effective,” suggesting that Top 50 market stations with 5 or more full-time employees need to start uploading their new political documents into the file (the first… Continue Reading

March Regulatory Dates for Broadcasters – Including Incentive Auction Commitments, New Webcasting Royalties, and Comments on AM Revitalization and Copyright Safe Harbor for User-Generated Content

Posted in AM Radio, Digital Television, Incentive Auctions/Broadband Report, Intellectual Property, Internet Radio, Music Rights, On Line Media, Television, Website Issues
March appears to be another busy month on the FCC’s regulatory calendar.  While March is one of those months where there is not the usual assortment of EEO public file reports, quarterly issues programs lists or children’s television reports and noncommercial ownership report obligations (see our Broadcasters’ Regulatory Calendar here for some of these dates),… Continue Reading

New Broadcast Contest Rules Becoming Effective – OMB Approval to Be Published In the Federal Register

Posted in AM Radio, FCC Fines, FM Radio, General FCC, Programming Regulations, Television, Website Issues
The FCC’s new contest rules for broadcasters, allowing the disclosure of material terms on the Internet rather than reading them on the air, becomes effective upon the publication in the Federal Register of their approval by the Office of Management and Budget. OMB approval has been obtained, and the Federal Register publication is scheduled to… Continue Reading

FCC Releases Order on Online Public Inspection File – Answering Questions about Compliance with Radio’s New Obligations

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, Noncommercial Broadcasting, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
Last week, we wrote about the FCC’s decision to require that radio stations move their public inspection files online.  Commercial stations with 5 or more full-time employees that are located in Top 50 markets need to make the transition to the online file later this year once the FCC gets its new rules approved by… Continue Reading

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