By David Oxenford on Posted in Intellectual Property,On Line Media,Website IssuesIn recent weeks, I have had several calls from broadcasters asking if it was permissible to copy articles from other news sources and post them on the station website – with attribution to the original source. As I told them, posting content without permission of the copyright holder can lead to big problems. We have… Continue Reading
By David Oxenford on Posted in Intellectual Property,On Line Media,Website IssuesLast week, a US District Court Judge in the influential Southern District of New York issued an opinion finding that the fact that a picture of New England Patriot quarterback Tom Brady that was displayed on the websites of a number of media defendants was potentially infringing – even though the photo was not copied… Continue Reading
By David Oxenford on Posted in Intellectual Property,On Line Media,Website IssuesThe Copyright Office yesterday issued a “Final Reminder” to Internet Services that want to be able to assert that they are insulated from Copyright liability for content posted on their sites by third-parties. Services need to be sure that they have used the Copyright Office’s new online system to the register the names of their… Continue Reading
By David Oxenford on Posted in Intellectual Property,On Line Media,Website IssuesThe Copyright Office yesterday issued a reminder, here, that their electronic system for “designated agents” of Internet service providers – those who are to receive notice of any claimed infringing content posted on a service provider’s site – is active and all services must register in that system by December 31 for such registrations to… Continue Reading
By David Oxenford on Posted in Intellectual Property,Internet Radio,Music Rights,On Line Media,Website IssuesI was recently interviewed by Steve Goldstein of Amplifi Media, a firm that consults for podcast companies, on the difficulties with the use of music in podcasts. That interview has been turned into an article on Steve’s blog, here, discussing these legal issues. That article discusses the same issues that we’ve written about here several… Continue Reading
By David Oxenford on Posted in Intellectual Property,Internet Video,On Line Media,Website IssuesThe Copyright Office last year announced changes to its system for registering designated agents for receiving take-down notices that are sent by copyright owners when they believe that user-generated content posted on a website is infringing on the copyright owner’s content (see our article here). The new system makes these registrations electronic, and requires all… Continue Reading
By Aaron Burstein on Posted in On Line Media,Payola and Sponsorship Identification,Website IssuesBroadcasters and advertisers should take note of the more than 90 warning letters that the FTC sent out this week as a reminder of the need to disclose material sponsorship connections in social media promotions and endorsements. The FTC has since 2009 announced a policy that any online content for which anything of value has… Continue Reading
By David Oxenford on Posted in Intellectual Property,Music Rights,On Line Media,Website IssuesThe Copyright Office is scheduled to publish in the Federal Register tomorrow an extension of time for parties who wish to comment on the Request for Additional Comments in its study of Section 512 of the Digital Millennium Copyright Act, the “safe harbor” for those Internet Service Providers who host websites or run networks on… Continue Reading
By David Oxenford on Posted in Intellectual Property,Internet Video,Music Rights,On Line Media,Website IssuesThe Copyright Office’s new system for registering designated agents for the service of take-down notices when it is believed that user-generated content infringes on intellectual property rights has now gone live. The Copyright Office issued a reminder, here, that all new registrations of agents for the service of these take-down notices must now be submitted… Continue Reading
By David Oxenford on Posted in Intellectual Property,Music Rights,On Line Media,Trademark,Website IssuesTomorrow afternoon eastern time, I will be conducting a webinar for at least 20 state broadcast associations on legal issues for broadcasters in their social and digital media efforts. We’ll talk about many of the potential legal landmines that can be hidden in these new media efforts, many of which we have written about here… Continue Reading
By David Oxenford on Posted in Intellectual Property,On Line Media,Website IssuesSection 512 of the Copyright Act provides a safe harbor for Internet service providers whose systems are used to transmit content created by third parties which infringes on copyrights. The provisions apply not only to common-carrier like services that merely transmit third-party content, but also to websites and other digital services that allow users to… Continue Reading
By David Oxenford on Posted in Intellectual Property,On Line Media,Website IssuesIn recent weeks, we have continued to see copyright lawsuits against broadcasters filed by photographers who allege that their photos have been used without permission. This spate of lawsuits has not been confined to filings against broadcast companies – even the Donald Trump campaign has reportedly been sued recently for his son’s tweet of a… Continue Reading
By Aaron Burstein on Posted in Advertising Issues,On Line Media,Website IssuesThere is nothing new about the FTC bringing enforcement actions based on deceptive advertising practices. Those cases are the FTC’s bread and butter. But in recent years the FTC has been pushing forward with cases that address the increasingly complex network of entities involved in marketing, including companies that collect, buy, and sell consumer information… Continue Reading
By David Oxenford on Posted in Intellectual Property,Internet Radio,Music Rights,On Line Media,Trademark,Website IssuesThis 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
