Broadcast Law Blog
JANUARY 19, 2012
One of the questions we commonly get from broadcasters and others around this time of year is whether and/or how they can use the term SUPER BOWL. Some refer to it as a trademark while others call it a copyright. Who is right.and how can it be used? The term SUPER BOWL is a registered trademark owned by the National Football League. We previously discussed this issue in 2009 , 2010 and 2011.
The Paralegal Resource
JANUARY 27, 2012
These little symbols may look small on the printed page, but they speak volumes in the world of business law known as intellectual property. They protect trade names and created works.
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Broadcast Law Blog
JANUARY 30, 2012
ASCAP and the Radio Music Licensing Committee have reached a settlement on the amount that radio stations will pay to ASCAP for the use of music for the period through the end of 2016. The agreement was approved last week by the US District Court in the Southern District of New York acting as a “rate court” to consider those fees. We reported that a settlement had been reached in early December, and now we’ve seen the actual documents and can provide some details of this agreem
Broadcast Law Blog
JANUARY 19, 2012
The FCC' Notice of Proposed Rulemaking in its Quadrennial Review of the Multiple Ownership Rules was published in the Federal Register today , setting the deadline of March 5 for initial comments in that proceeding. Reply comments are due on April 3. We summarized the FCC's tentative conclusions on changes to the ownership rules when the Commission first released its NPRM in late December.
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Broadcast Law Blog
JANUARY 29, 2012
With the recent publication in the Federal Register, several new Commission rules and policies regarding communications towers and migratory birds are now on the books, however, they are not yet effective as the collection of information still requires OMB approval. The Commission's new rules are an outgrowth of a decision from the Court of Appeals in 2008 in which the court found the FCC's tower registration procedures to be inadequate.
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Broadcast Law Blog
JANUARY 13, 2012
This afternoon, the FCC released its long-anticipated Report and Order (R&O) setting forth the Commission’s new closed captioning rules for IP-delivered video programming, pursuant to the 21st Century Communications and Video Accessibility Act (CVAA). As we explained when the rules were first proposed in September, the CVAA directed the FCC to establish how and when certain IP-delivered video programming must be captioned, as well as the closed captioning capabilities for devices used
Broadcast Law Blog
JANUARY 5, 2012
The Copyright Royalty Board has just announced that it is accepting petitions to participate in the next proceeding to set the royalty rates to be paid for the ephemeral copies made by " business establishment services " in connection with any digital transmission of sound recordings. Business establishment services are essentially background music services who provide music to businesses to be played in stores, restaurants, elevators, and other establishments.
Broadcast Law Blog
JANUARY 18, 2012
As we reported last week , the FCC has adopted a Report and Order establishing rules for the closed captioning of video programming delivered via Internet protocol ( i.e. , IP video), as required by the 21st Century Communications and Video Accessibility Act (CVAA). DWT has now released an advisory with further details about the new rules, which is available here.
Broadcast Law Blog
JANUARY 12, 2012
Last week, I participated in an FCC-sponsored webinar to discuss its EEO rules. Along with two other private firm lawyers, the chief of the FCC's Office that administers its EEO rules and one of his senior staff members participated on a panel to discuss the legal obligations of broadcasters and MVPDs in meeting the EEO rules. The panel, which lasted almost two hours, was a very thorough discussion of the requirements of the FCC rules.
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Broadcast Law Blog
JANUARY 10, 2012
The Supreme Court heard oral argument today (Jan. 10, 2012) in FCC v. Fox Television Stations , which put squarely before the Court the constitutionality of the FCC’s current indecency enforcement regime. The case came to the Court from decisions by the Second Circuit, involving broadcasts of the Billboard Music Awards and NYPD Blue , which held that the enforcement regime at the center of the FCC’s “crackdown” on broadcast indecency over the last several years had become
Broadcast Law Blog
JANUARY 9, 2012
The FCC has extended the comment deadline in two proceedings looking at imposing new public interest obligations on TV broadcasters (and potentially, at some point in the future, on radio stations as well). Both proceedings are an outgrowth of the FCC's Future of Media Report , that suggested that broadcasters be made to be more responsive to their communities through better documentation of how they are meeting their public interest obligations.
Broadcast Law Blog
JANUARY 1, 2012
Fines of $14,000 and $8,000 were proposed by the FCC for violations of its EEO rules in two cases ( here and here ) released on the FCC's last business day of the year. In both cases, the fines were issued as these clusters of stations, on the FCC Form 396 EEO Reports filed with their license renewal applications, publicized a number of job openings without adequate recruitment.
The Paralegal Resource
JANUARY 26, 2012
Even if you are a lawyer, it might be scary to be charged with an Unauthorized Practice of Law (UPL) complaint, by a district attorney, a State Attorney General, or the US Attorney General (or their deputies). If you are not an attorney, this would definitely be scary. In California, UPL is a crime, not a civil tort.
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Broadcast Law Blog
JANUARY 19, 2012
Just a reminder to broadcast stations in certain states of several upcoming February obligations. First up, February 1st is the deadline for Radio Stations in Arkansas, Louisiana, and Mississippi to file their FCC Form 303-S license renewal applications seeking a renewal of their broadcast licenses. (See our earlier license renewal advisory for more information about the FCC's license renewal process.
The Paralegal Resource
JANUARY 12, 2012
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Broadcast Law Blog
JANUARY 11, 2012
Changing the city of license of an AM or FM station is getting more difficult, based on recent FCC decisions. As we have written before, the FCC's Rural Radio order changed the manner in which the FCC reviews city of license changes. In connection with any proposed city of license change, the FCC reviews the proposal to make sure that the change will result in a favorable arrangement of allotments, making sure that the distribution of radio channels is in the public interest.
The Paralegal Resource
JANUARY 6, 2012
Age is one of the most critical factors that comprise discrimination issues in the workplace. Hence, it is only fitting that a specific section is created to tackle this issue when looking at California labor laws and policies in general. Lawmakers in the state of California strive their best to ensure that this employment policy stay as neutral as possible, especially for those aged 40 and above.
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The Paralegal Resource
JANUARY 6, 2012
Prior to reaching the courtroom, most legal cases require deposition taking-a process in which an attorney questions a deponent while a court reporter records the dialogue. Depositions are recorded using technologies that enhance transcript integrity. Perhaps their most critical aspect deals with an attorney's savvy in conducting them, especially concerning subtle mistakes.
The Paralegal Resource
JANUARY 6, 2012
People worry about filing bankruptcy. They worry about their financial futures, they worry about their future credit, they worry about how much of their stuff they can keep and what they will lose, and not least of all they worry a lot about what other people will think of them if they file bankruptcy. There is still a stigma associated with filing bankruptcy.
Broadcast Law Blog
JANUARY 3, 2012
In addition to the normal FCC deadlines for routine filings, January brings the deadline for comments in a number of FCC proceedings, and a filing window for new FM applications. For TV stations, the Commission recently extended to January 17 the Reply Comment deadline on its proposals (summarized here ) for an online public inspection file. Many public interest groups have supported the FCC's proposals to put the public file online, including the political file and new information concerning sp
Broadcast Law Blog
JANUARY 2, 2012
The Copyright Office last week issued its Report to Congress on pre-1972 sound recordings (with an Executive Summary ), addressing whether to bring these recordings under Federal law. As we wrote last year when the Copyright Office solicited comments on the issues raised by this report , sound recordings (i.e. aural recordings embodied in some fixed form like a CD, record or digital file) created in the United States prior to 1972 are not protected under Federal copyright law.
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The Paralegal Resource
JANUARY 9, 2012
An overview of 10 employment laws to watch in 2012.
Broadcast Law Blog
JANUARY 31, 2012
With the Florida broadcast airwaves overrun with political ads in the last few days - the great majority of them attack ads - many ask why do broadcasters keep running those ads? Of course, there are revenue considerations. But as the attacks get nastier, and perhaps even go against the interest of the station owners themselves, why do broadcasters keep running these ads?
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