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
DECEMBER 19, 2012
What is defined as a paralegal? Are they legal secretaries or something more? There are many community colleges that offer degrees to someone as a paralegal. Typically, it can be an associate's degree or a post-bachelor degree. That said, what more is important for such a person to excel?
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ClimateChange-ClimateLaw
OCTOBER 23, 2012
The Regional Greenhouse Gas Initiative (RGGI) has benefited the economy of participating states but achieved only modest reductions in greenhouse gas reductions, according to a panel of energy experts convened at Columbia Law School last night. To achieve greater reductions, RGGI should adopt a stricter carbon cap at its three-year program review. “By just about any measure, RGGI has been a success,” said Jared Snyder, Assistant Commissioner for Air Resources, Climate Change and Energy, New Yor
LexBlog
MARCH 29, 2012
Modern technology continues to improve the life of attorneys, paralegals and legal secretaries throughout the United States. The Legal Assistant is one of the companies participating in this technological change. The Legal Assistant has added recently their newest product, The Family Law Assistant (TFLA). TFLA provides to family attorneys a simple and yet profound case management system to improve law office management, efficiency, quality of work, and help provide peace of mind to the family la
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ABC's of E-Discovery
FEBRUARY 22, 2012
Criminal e-discovery? I've never thought about that! Here's a good place to start, with great thanks to www.law.
Paralegal Brief brings together the best content for paralegals and legal professionals from the widest variety of industry thought leaders
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
MARCH 29, 2012
With April Fool's Day only a few days away, we need to repeat our annual reminder that broadcasters need to be careful with any on-air pranks, jokes or other jokes prepared especially for the day. While a little fun is OK, remember that the FCC does have a rule against on-air hoaxes - and, of any day in the year, April 1 is the day that the broadcaster is most at risk.
Broadcast Law Blog
FEBRUARY 9, 2012
The Copyright Royalty Board makes many important decisions, yet for the last several years, there has been a cloud over its operations, as there have been questions as to whether its members were constitutionally appointed (see our articles here , here and here ). Well, the question is before the Courts again – this time squarely in front of the US Court of Appeals for the District of Columbia – a Court one step below the Supreme Court.
Broadcast Law Blog
APRIL 13, 2012
The Communications Act's ban on noncommercial broadcast stations running political and issue advertising was struck down as unconstitutional by the US Court of Appeals for the Ninth Circuit. While the Court upheld the prohibition on commercial advertising for products and services, the majority of the Court felt that the ban on political advertising could not be justified.
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Broadcast Law Blog
APRIL 13, 2012
The Librarian of Congress today announced the appointment of a new Chief Judge for the Copyright Royalty Board. The new Chief Judge will be Suzanne Barnett, a superior court judge of King County in Seattle, Washington. This is the first new judge on the three-judge CRB since the judges were first appointed in January 2006, soon after Congress first created the CRB.
Broadcast Law Blog
APRIL 5, 2012
Communications towers that are not lit as required often bring big fines from the FCC. In two decisions released today, the Commission followed that precedent. In one case, the FCC proposed a fine of $17,000 to a tower owner after repeated promises to fix lights that were out did not result in any resolution of the issue after 2 years (problems which, according to the FCC decision, were first brought to the tower owner's attention by the FCC).
Broadcast Law Blog
APRIL 3, 2012
While rumors are flying that the FCC is rushing to adopt its proposals to require that TV stations put their public inspection files online (see our summary of the proposals here ), both the FCC and public interest groups are targeting the public files of television stations - looking to copy some or all of those files. Rumors are that the FCC inspected the public files of all television stations in Baltimore - and asked for copies of the complete files to be produced at the FCC within a day or
Broadcast Law Blog
MARCH 28, 2012
SiriusXM announced that is has filed a legal action, including antitrust claims, against SoundExchange and A2IM (the American Association of Independent Music - the association of independent record labels), charging, according to a press release, these two organizations "with unlawfully interfering in SiriusXM's efforts to secure, through a competitive market, copyrights critical to its business.
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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.
Broadcast Law Blog
JULY 26, 2012
The FCC has once again proposed a $10,000 fine against a college radio station missing quarterly issues/program lists in the public inpsection file. This time, the culprit is Rollins College , a small liberal arts college in Florida with 1700 students. We know that $10,000 is the "base forfeiture" for failure to maintain a complete public inspection file, and this is not the first time the FCC has proposed this fine for a college radio station.
Broadcast Law Blog
FEBRUARY 2, 2012
For an industry that some say is about to be made obsolete because of its digital competition, there are still many people who want a piece of the FM spectrum. We've written much about the contest between LPFM and translator proponents seeking their piece of FM spectrum - a contest that we should see resolved by the FCC in the very near future. One topic that we have not written much about is " pirate radio ," stations that operate illegally - without FCC authority.
Broadcast Law Blog
JULY 29, 2012
On Friday, the US Court of Appeals for the DC Circuit followed the FCC's lead in denying the NAB's request for stay of the requirement for TV stations to post their public inspection files online. Accordingly, that rule goes into effect on Thursday, August 2, 2012. Effective that date, TV stations should post all new public file documents online in the FCC database created for this purpose.
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Broadcast Law Blog
JUNE 29, 2012
The U.S. Supreme Court today denied certiorari (i.e. declined review) in two important FCC-related cases pending before it. First, following the Court's recent decision in the Fox indecency case, which we described here , the Court not surprisingly refused to review the Third Circuit's decision vacating the $550,000 FCC fine for the Janet Jackson "wardrobe malfunction" in the 2004 Super Bowl shown on CBS.
Broadcast Law Blog
APRIL 3, 2012
While the FCC has not yet started a proceeding to set rules for the auction of television spectrum for broadband purposes, the Commission is taking steps to clear the spectrum in other ways. Two weeks ago, we wrote about the FCC's actions proposing to remove the Class A designation from certain LPTV stations that had not met their children's television obligations.
Broadcast Law Blog
APRIL 1, 2012
We recently wrote about the FCC's new rules requiring the captioning of television video retransmitted on the Internet. Those rules have now been published in the Federal Register, which sets the effective dates for the implementation of those rules. The rules become effective on April 30, which means that any video that is broadcast on TV on or after that date, that has captions when broadcast, must also have such captions when transmitted online at any time after September 30 (giving parties s
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 20, 2012
The FCC released a Notice of Apparent Liability proposing a $22,000 fine for a contest to win a car conducted by a cluster of five stations. The contest (the award of a car to the entrant who produced the best commercial for the car, as voted on by website users) was conducted principally through the stations' websites. But the stations did promote the fact that the contest was being conducted on the air.
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
AUGUST 24, 2012
Radio broadcasters have been receiving invoices from the Radio Music License Committee (“RMLC”), and many are asking whether the invoice is “real.” Some stations seem concerned that they are being asked to pay some fee that they really don’t owe. The truth is that this is one bill that most commercial stations in fact do owe, and it is a bill that they should actually be happy to pay.
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