Broadcast Law Blog : Broadcast Lawyer & Attorney : Davis Wright Tremaine Law Firm : Broadcast Law Blog : Seattle, Los Angeles, Washington D.C., New York, San Francisco, Shanghai

Legal issues regarding privacy have long been an issue for broadcasters and other media companies.  Traditionally, privacy concerns for media companies have arisen in the context of news gathering, advertising or other on-air content that either was gathered in a way that intruded on someone's privacy, or which used private facts or personal images, without consent, for commercial purposes.   As technology developed, privacy related issues followed. There are legal restrictions setting out rules about using automated calling (or texting) for commercial purposes to people who have not consented, sending faxes to persons who have not given you permission to use their fax numbers, and sending unsolicited emails.  Online, the issues increase, with rules or policies in existence or in development.  There long have been rules about collecting personal information about children under the age of 13 (under COPPA - the Children's Online Privacy Protection Act, see information about a recent enforcement action here).  Other laws govern the need to keep secure any private information that you collect about others - like credit card information that you may collect from advertising clients or listeners who buy merchandise or other goods from the station (everything from tee shirts to Groupon-like coupons).  And recently, there have been a number of lawsuits and government actions targeting the collection and unauthorized use of personally identifiable information about website visitors (or those using a station App) without knowledge or consent.  All of these issues were discussed during a webinar that Ronnie London and I conducted for the Texas Association of Broadcasters.  The slides from that session, providing a good outline of many of the basic legal issues that arise in connection with privacy issues, are available here.

We've written about these new media privacy issues before, and our firm's Privacy and Security Blog cover these issues regularly.   This is an important area that broadcasters need to pay attention to, especially as they increase commercial activity from their websites, on mobile applications, and in other forms of digital media.  Plaintiff''s attorneys are looking for companies who do not adhere to their privacy policies or who provide personally identifiable information (known as "PII" in the privacy world) to third parties without permission.  Congress, the FTC, the FCC, and the Commerce Department have all been looking at new regulatory regimes to govern privacy in many areas - including enhanced and targeted advertising, and the use of geo-location information.  Pay attention to these development as, while the web offers many new opportunities to increase revenues, it also may well bring new legal concerns for broadcasters beyond those FCC issues with which broadcasters have so long concerned themselves.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Public performances, synch and master use licensing, sound recordings, musical compositions - what are all these terms, and how does a digital media company make sense of them and figure out where to go get permission to use music in their business?  These issues were discussed in a webinar that I did with my partner Rob Driscoll from our firm's New York office for the Texas Association of Broadcasters.  The slides for that presentation are available here.  A revised and updated version of our memo on the Basics of Music Licensing in the Digital Media, giving more information on many of the subjects discussed in the presentation, has also just been published, and is available here. 

During the presentation, we talked about the broadcaster's royalty deal with SoundExchange for Internet radio streaming.  Details of that settlement are here.  The performance complement waivers that are associated with that agreement are detailed here.  In the presentation, we also mentioned that stations with websites featuring user-generated content may avail themselves of a safe harbor from liability if they take certain precautions.  Website operators must register with the Copyright Office the name and contact information of a person with responsibility to receive notices from copyright holders that users have posted infringing content, and to take down any content that is in fact infringing.  The Copyright Office instructions for registration can be found here.   These materials may not answer every question, but they may start you asking the right questions as you use music in connection with your digital properties.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I conducted a webinar on the FCC's EEO rules for the Texas Association of Broadcasters on November 30, 2010.  In conducting the webinar, I reminded broadcasters of the many ways that their EEO compliance can be monitored by the FCC - either through EEO random audits, through mid-term EEO Reports on FCC Form 397 (which were filed by Texas TV stations this past April), or through the filings that are made at license renewal time (which comes up in April 2013 for Texas radio, and April 2014 for Texas TV).  In discussing the FCC's EEO audit process, I mentioned that we were about due for another round of EEO audits from the FCC.  And sure enough, the FCC today gave notice of a new round of audits - though this time limited to Multichannel video programming distributors (MVPDs), principally cable systems.   A list of the systems to be audited in this round of EEO audits can be found in the FCC's Public Notice about the audit, here.

The PowerPoint presentation from the TAB webinar is available here.  For more detailed information about the FCC's EEO policies for broadcasters, you can review the Davis Wright Tremaine's Guide to the Basics of The FCC's EEO Rules.  For details of the annual EEO public inspection file report, which, by April 1 of each year, stations in Texas need to place in their public inspection files and post on their websites, see our most recent EEO Public Inspection File Report advisory for stations in New England, Georgia, Alabama, Minnesota, Montana and the Dakotas, which have public file reports due to be placed in their public files today. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Dave Oxenford this week conducted a seminar on legal issues facing broadcasters in their digital media efforts.  The seminar was organized by the Michigan Association of Broadcasters, and originated before a group of broadcasters in Lansing, but was webcast live to broadcasters in ten other states.  Dave addressed a variety of legal issues for broadcasters in connection with their website operations and other digital media platforms.  These issues included a discussion of service marks and copyrights, employment matters, music on websites, the use of social media, privacy, and sponsorship disclosure.  The slides used in the Lansing presentation are available here.    During the seminar, Dave also mentioned that stations with websites featuring user-generated content, to help insulate themselves from copyright infringement that might occur in the content posted to their website by their audience, should take advantage of the registration with the Copyright Office that may provide safe harbor protection if a station follows the rules and takes down offending content when identified by a copyright holder.  The Copyright Office instructions for registration can be found here.   

One of the most common issues that arise with radio station websites is the streaming of their programming.  In August, Dave gave a presentation to the Texas Association of Broadcasters providing  a step-by-step guide to streaming issues, with a summary of the royalty rates paid by different types of streaming companies.  That summary to Internet Radio issues is available here.  Additional information about use of music on the Internet can be found in Davis Wright Tremaine's Guide to The Basics of Music Licensing in a Digital Age.   Dave also presented this seminar at the Connecticut Broadcasters Association's Annual Convention in Hartford on October 14.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Broadcasters have a host of other legal issues that they should consider in connection with their digital presence.  At last week's Maine Association of Broadcasters Annual Convention in Bangor, Dave Oxenford addressed these issues, including service marks and copyrights, employment matters, music on websites, the use of social media, privacy and sponsorship disclosure.  A copy of Dave's presentation on the Legal Issues in the Cyber Jungle is available here.    Dave also mentioned that stations with websites featuring user-generated content, to help insulate themselves from copyright infringement that might occur in the posts from their audience members, should take advantage of the registration with the Copyright Office that may provide safe harbor protection if a station follows the rules and takes down offending content when identified by a copyright holder.  The Copyright Office instructions for registration can be found here.   

One of the most common issues that arise with radio station websites is the streaming of their programming.  In August, Dave gave a presentation to the Texas Association of Broadcasters providing  a step-by-step guide to streaming issues, with a summary of the royalty rates paid by different types of streaming companies.  That summary to Internet Radio issues is available here.  Additional information about use of music on the Internet can be found in Davis Wright Tremaine's Guide to The Basics of Music Licensing in a Digital Age. 

Dave will be presenting a version of the Cyber Jungle presentation to the Michigan Association of Broadcasters on October 12, a presentation that will be webcast to several other states.  Information and registration for that seminar is available here.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The 2010 political broadcasting season is almost upon us, with Texas leading the way.  With the first 2010 primaries on March 2, candidates in Texas are already in windows during which they need to file the paperwork to qualify for a place on the primary ballot.  Once they qualify for that ballot spot, they become "legally qualified candidates" in the eyes of the FCC, triggering reasonable access (for Federal candidates) and equal opportunities requirements.  Soon after, broadcast stations in Texas need to start according lowest unit rates to candidates (Federal, state and local) in the primary - such rates to start on January 16.  To help broadcasters prepare for the primary and the rest of the election season, David Oxenford and Bobby Baker, the head of the FCC's Office of Political Programming, conducted a webinar for the Texas Association of Broadcasters on December 2, 2009, originating from the TAB offices in Austin.  The PowerPoint slides used in the presentation is available here.  The Davis Wright Tremaine Political Broadcasting Guide that forms that basis of the TAB's political guide can be found here.

Texas will have an unusually active political season, with a primary election for Governor, where the State's sitting Governor's re-election is being challenged in his own party by one of the state's US Senators.  Races for the Texas State legislature will also likely be a hotbed of activity as the state will be electing the legislators who preside over Congressional redistricting after the 2010 census - a process that was particularly controversial in Texas after the last census.  Given the likely level of activity, broadcasters in Texas need to immediately start planning for the 2010 election and the obligations that it imposes on broadcasters.   And broadcasters in the rest of the country should similarly be preparing, as these same issues will be arising for them very soon, and advertising sold now could well have an impact on their political rates later in 2010 (see information about the webinar that David and Bobby conducted for 13 other state broadcast associations here). 

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

On August 20, David Oxenford attended the Texas Association of Broadcasters Annual Convention in Austin Texas.  At the Convention, Dave participated with two other Washington attorneys in a session updating broadcasters on legal issues that could affect their operations.  He addressed topics including the proposed Broadcast Performance royalty, the proposed increase in power of HD radio operations, and the current state of broadcast indecency regulation.

In a separate session, Dave and addressed the legal issues that arise when a broadcaster streams their station on the Internet, including issues concerning the Internet Radio royalties for the use of sound recordings, as collected by SoundExchange.  A copy of Dave's PowerPoint used in that session is available here.

• Email This
• Print
• Comments
• Trackbacks
• Share Link