Using Photos on Your Website – Court Decision Highlights Problems with a Creative Commons License and Other Copyright Issues

We’ve written many times about the perils of posting a photo on your website without getting permission from the photo’s owner (see, for instance, our articles here and here).  Copyright protects photos, even when they are shared on the Internet.  Just by posting a photo to some website does not mean that the owner has… Continue Reading…

Could a Supreme Court Decision Affect Disclosure Obligations on Political Advertising?

Last week, we wrote about two dissenting opinions in a Supreme Court decision that highlight the debate that is underway on the principles that govern defamation liability in the United States.  While we are reviewing Supreme Court decisions that could have an impact on broadcasters, including on political advertising, we thought that we should highlight… Continue Reading…

Two Supreme Court Justices Try to Ignite Debate on Defamation Standards – What A Change Would Mean for Broadcasters News and Political Ad Sales

For well over 50 years, the Supreme Court’s New York Times v. Sullivan decision has governed the principles applied by the courts when assessing any claim of defamation.  That standard requires that, to find a statement about a public figure to be defamatory, not only does the statement need to be false, but it also… Continue Reading…

This Week in Regulation for Broadcasters: June 26, 2021 to July 2, 2021

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC this week reminded television broadcasters of their obligation to make televised emergency information accessible to persons with disabilities…. Continue Reading…

FCC Publishes Annual Reminder on Accessibility Obligations for Broadcast of Emergency Information

The FCC yesterday released a Public Notice reminding TV stations and other video programming providers including cable and satellite television providers of their obligations on making emergency information accessible for all viewers.  With a few tweaks, including emphasizing that more hurricanes and wildfires occurred in the last year, the reminder is very similar to what… Continue Reading…

New Legislation to Impose Sound Recording Performance Royalty on Over-the-Air Radio – What Does It Provide and What Would the Royalty Cost?

Last week, Congressmen Ted Deutch (D-FL) and Darrell Issa (R-CA) introduced the American Music Fairness Act ( see their Press Release for more details) which would impose a new music royalty on over-the-air radio stations.  The royalty would be payable to SoundExchange for the public performance of sound recordings.  This means that the money collected would… Continue Reading…

July Regulatory Dates for Broadcasters: Quarterly Issues/Programs Lists, The End of Analog TV, EAS Test Registration Requirement, Radio and TV Rulemakings, and More

While summer has started and minds wander to vacation time, there are still many regulatory obligations to which a broadcaster must pay attention in July.  To help stay focused, we have written below about some of the important dates and deadlines applicable to broadcasters in July – and a reminder of what to be ready… Continue Reading…

This Week in Regulation for Broadcasters: June 19, 2021 to June 25, 2021

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. Congressmen Ted Deutch (D-FL) and Darrell Issa (R-CA) introduced the American Music Fairness Act which would impose a royalty payable… Continue Reading…

Nationwide EAS Test Scheduled for August 11, 2021 – Verification of EAS Information Due by July 6 in ETRS

Last week, the FCC issued a Public Notice announcing an August 11, 2021 nationwide EAS test, with a backup date of August 25 if there are conditions that prevent the test from occurring on the initial date.  The test is scheduled for 2:20 PM EDT.  For broadcasters, this test will be conducted using the over-the-air… Continue Reading…