By Aaron Burstein on Posted in Children's Programming and Advertising,On Line Media,Privacy,Website IssuesWhen is your website or app covered by the Children’s Online Privacy Protection Act (“COPPA”) and the FTC’s COPPA Rule? Although there are gray areas under COPPA, one clear way to fall under this law is to know that you’re collecting information from children under the age of 13 online. That’s part of what landed… Continue Reading
By David Oxenford on Posted in Intellectual Property,On Line Media,Podcasting,Website IssuesCan retweeting or sharing someone else’s content get you into trouble? Possibly, based on news reports of a recently filed lawsuit seeking damages for defamation from a cable TV host who retweeted a twitter photo suggesting that someone has made racially derogatory comments. This case seems similar to the one about which we wrote here,… Continue Reading
By David Oxenford on Posted in Intellectual Property,On Line Media,Podcasting,Website IssuesLast week, we wrote about legal issues for podcasters, and made the point that media companies should be making clear by contract or otherwise who owns the podcasts that their employees and independent contractors have created. This week, there was press coverage (see, for instance, the article here) about a law suit filed by a… Continue Reading
By David Oxenford on Posted in Advertising Issues,Intellectual Property,On Line Media,Podcasting,Website IssuesLast week, I spoke at Podcast Movement 2018 – a large conference of podcasters held in Philadelphia. My presentation, Legal Issues In Podcasting – What Broadcasters Need to Know, was part of the Broadcasters Meet Podcasters Track. The slides from my presentation are available here. In the presentation, I discussed copyright issues, including some of the… Continue Reading
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,Podcasting,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
