Broadcast Law Blog

Broadcast Law Blog

Category Archives: Website Issues

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What Do Broadcasters and Media Companies Need to Know About the GDPR?

By Emilie de Lozier, Aaron Burstein and Joshua Bercu on Posted in Internet Radio, Internet Video, On Line Media, Privacy, Uncategorized, Website Issues
By now, you have probably heard that the European Union (EU) has a new data protection law on the books, the General Data Protection Regulation (GDPR) – but what are the new rules, and how might they apply to broadcasters? Below we address these and other commonly asked questions about the GDPR. What is the… Continue Reading

12 Years of the Broadcast Law Blog – Where We Have Been and What We Are Looking at Next

By David Oxenford on Posted in Advertising Issues, AM Radio, General FCC, Intellectual Property, Music Rights, On Line Media, Television, Uncategorized, Website Issues
In 10 days, we’ll mark the 12th anniversary of my first post welcoming readers to this Blog.  I’d like to thank all of you who read the blog, and the many of you who have had nice words to say about its contents over the years.  In the dozen years that the blog has been… Continue Reading

June Regulatory Dates for Broadcasters – EEO, Translators, Political Rules and Earth Stations

By David Oxenford on Posted in AM Radio, EEO Compliance/Diversity, FM Translators and LPFM, General FCC, License Renewal, Low Power Television/Class A TV, Political Broadcasting, Television, Website Issues
For radio and television stations with 5 or more full-time employees located in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, Wyoming, and the District of Columbia, June 1 brings the requirement that you upload to your online inspection file your Annual EEO Public Inspection File Report detailing your employment outreach… Continue Reading

Moving Broadcast Political Advertising Rules to the Online World – NY State Adopts a New Law While Congress Considers Online Political Advertising Disclosures, and the FEC Considers Enhanced Online Sponsorship Identification

By David Oxenford on Posted in Internet Radio, Internet Video, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Website Issues
With high profile primaries in numerous states and similar elections last week, and more coming over the next few months in preparation for the November election, broadcasters are dealing with the legal issues that arise with on-air advertising that either promotes or attacks candidates and which addresses other important matters that will be decided in… Continue Reading

Legal Issues for the Broadcaster in Digital and Social Media Advertising

By David Oxenford on Posted in Advertising Issues, Children's Programming and Advertising, Digital Radio, Internet Radio, Internet Video, On Line Media, Payola and Sponsorship Identification, Privacy, Website Issues
Last week, Aaron Burstein of our law firm and I conducted a webinar for several state broadcast associations on legal issues in digital and social media advertising. As broadcasters become more active in the digital world, whether it be through social media platforms like Facebook and Twitter, or by posting their content online through their… Continue Reading

Using Copyrighted Content on a Website – Including News Articles and Videos – Secure the Rights!

By David Oxenford on Posted in Intellectual Property, On Line Media, Website Issues
In 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

Court Finds That Embedded Twitter Photo on Website May Subject Website Owner to Copyright Liability – Be Careful What You Post

By David Oxenford on Posted in Intellectual Property, On Line Media, Website Issues
Last 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

With the March 1 Deadline Looming, What Should Radio Stations Be Doing to Prepare Their Online Public File? – Five Questions About Station Obligations

By David Oxenford on Posted in AM Radio, FM Radio, General FCC, Noncommercial Broadcasting, Public Interest Obligations/Localism, Website Issues
On a day when the rest of the country is thinking about chocolate and Champagne, many radio stations need to be considering the FCC requirement that their public inspection file be made available online in a system hosted by the FCC. From the calls I have received in the last few days, it appears that,… Continue Reading

Copyright Office Issues Reminder About Need for Services Seeking Safe Harbor for User-Generated Content Under Section 512 to File in Electronic System by December 31

By David Oxenford on Posted in Intellectual Property, On Line Media, Website Issues
The 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

December Regulatory Dates for Broadcasters – EEO, TV and Translator Filing Windows, Ancillary Revenue Reports, Main Studio Rule Effective Date, Copyright Office Take-Down Notice Registration and More

By David Oxenford on Posted in AM Radio, Digital Television, EEO Compliance/Diversity, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, Low Power Television/Class A TV, On Line Media, Television, Website Issues
While the end of the year is just about upon us, that does not mean that broadcasters can ignore the regulatory world and celebrate the holidays all through December. In fact, this will be a busy regulatory month, as witnessed by the list of issues that we wrote about yesterday to be considered at the… Continue Reading

December FCC Meeting to be an Important One for Broadcasters and Other Media Companies

By David Oxenford on Posted in Cable Carriage, Emergency Communications, General FCC, Multiple Ownership Rules, On Line Media, Television, Tower Issues, Website Issues
Last week, just before Thanksgiving, the FCC released the tentative agenda for its December meeting. From that agenda, it appears that the meeting will be an important one for broadcasters and other media companies. Already, the press has spent incredible amounts of time focusing on one item, referred to as “Restoring Internet Freedom” by the… Continue Reading

Reminder: Electronic Registration of Designated Agent for DMCA Safe-Harbor Take-Down Notices Due at Copyright Office by December 31

By David Oxenford on Posted in Intellectual Property, On Line Media, Website Issues
The 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

Music in Podcasts – Reminder that ASCAP, BMI, SESAC and SoundExchange Licenses Don’t Cover Music Use in Podcasts

By David Oxenford on Posted in Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
I 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

Copyright Office Makes Changes to Registration of Designated Agents for Take-Down Notices for User Generated Content – Reminder of December 1 Deadline to Register in New Electronic System

By David Oxenford on Posted in Intellectual Property, Internet Video, On Line Media, Website Issues
The 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

FTC Puts “Influencers” on Notice:  Disclose Marketing Relationships in Social Media Posts

By Aaron Burstein on Posted in On Line Media, Payola and Sponsorship Identification, Website Issues
Broadcasters 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

Copyright Office to Extend Comment Dates on Examination of DMCA Section 512 Safe Harbor for User-Generated Content

By David Oxenford on Posted in Intellectual Property, Music Rights, On Line Media, Website Issues
The 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

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Ownership and EEO Comments, Copyright Issues and More

By David Oxenford on Posted in Children's Programming and Advertising, EEO Compliance/Diversity, General FCC, Intellectual Property, Internet Radio, Internet Video, Multiple Ownership Rules, Music Rights, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
Here we are at the start of a new year, and right away we have numerous regulatory deadlines for broadcasters. By the 10th of the month, all broadcast stations need to have placed in their public inspection files (online for TV and for those radio stations that have already converted to the online public file,… Continue Reading

Public Comments Requested on Qualifications for Copyright Office Chief

By David Oxenford on Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Website Issues
There is now a vacancy in the top position at the Copyright Office, the Register of Copyrights, and the Librarian of Congress, who appoints the Register, has asked for comments on the role and qualifications for the new Register. These comments are due by January 31, 2017. While setting copyright law has thus far been… Continue Reading

NY State’s Highest Court Finds that There is No Public Performance Right in Pre-1972 Sound Recordings

By David Oxenford on Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
The New York State Court of Appeals, the state’s highest court, has ruled that there is no public performance right in pre-1972 sound recordings in the state of New York. The decision (available here in a version subject to revision) was reached after the US Court of Appeals certified the question to the state court… Continue Reading

Advertise Like Santa Is Watching – 6 Holiday Advertising/Marketing Tips to Help You Stay Off The Naughty List

By Aaron Burstein and Kelly Donohue on Posted in Advertising Issues, Children's Programming and Advertising, Intellectual Property, Music Rights, On Line Media, Payola and Sponsorship Identification, Programming Regulations, Trademark, Website Issues
It’s the holiday season, and many of us are turning our thoughts to celebrating with friends and family. It is also high season for shopping, which means the airwaves, social media, websites and print pages are full of opportunities to buy, sell, and advertise. Whether you consider that to be a feature or a bug,… Continue Reading

Legal Issues in Digital and Social Media – Identifying the Landmines for Broadcasters and Other Media Companies – A Video Webinar

By David Oxenford on Posted in Advertising Issues, Appearances, Children's Programming and Advertising, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Payola and Sponsorship Identification, Privacy, Trademark, Website Issues
Almost every week, we write about some legal issue that arises in digital and social media – many times talking about the traditional media company that did something that they shouldn’t have done in the online world, and ended up with some legal issues as a result. Two weeks ago, I conducted a webinar, hosted… Continue Reading

The Next Congress Has Not Yet Begun, and Already Copyright Issues are Poised for Comment – First Up, Copyright Office Reform

By David Oxenford on Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media, Website Issues
While the new Congress will not begin until after the New Year, already copyright reform has been teed up to be on the agenda.  Posted last week on the website of the House of Representative’s Judiciary Committee was an announcement that the committee would be posting policy proposals for copyright reform from time to time,… Continue Reading

Copyright Office New Electronic Registration for Designated Agents for Take Down Notices Goes Live – and The Office Asks for More Comments on Assessing The Section 512 Safe Harbor for User-Generated Content

By David Oxenford on Posted in Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
The 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

Upcoming Seminar on Digital and Social Media Legal Issues for Broadcasters – and Thoughts About Profiting From Trademarks

By David Oxenford on Posted in Intellectual Property, Music Rights, On Line Media, Trademark, Website Issues
Tomorrow 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