MEDIA LAW IN THE DIGITAL AGEThe Rules Have Changed

Have You?

Organized by

Citizen Media Law ProjectBerkman Center for Internet & Society at Harvard University

&

Center for Sustainable JournalismKennesaw State University

REGISTER NOWhttp://csjconferences.org/medialaw/

September 25, 2010

SAFE HARBORS: BUILDING AND MANAGING ONLINE COMMUNITIES

PANELISTS

•David ArdiaCitizen Media Law Project

•Joshua AzrielKennesaw State University

•Justin BrownWinthrop University

•G. Patton HughesPaulding.com

•Amy SandersUniversity of Minnesota Law

School

Examples from Yelp! and Craigslist in the past few months have tested the scope of protections from Section 230 of the Communications Decency Act, which provides immunity to online publishers from many civil claims arising from third-party content.

Online publishers are also eligible for the safe harbor provisions of the Digital Millennium Copyright Act. This summer, Viacom v. YouTube was the most prominent example of an online publisher asserting its immunity from copyright infringement claims arising from third-party content.

A healthy online community can encourage discussions and strengthen your ties to your readers. An unhealthy one can be hostile and negative. Learn about the safe harbors that impact your ability to edit comments and manage online users.

Learn best practices for managing your online communities from the recent examples of Yelp!, Craigslist, and YouTube.

ADVERTISING LAW FOR ONLINE PUBLISHERS

PANELISTS

•Scott DailardDow Lohnes PLLC

•Luther MunfordPhelps Dunbar LLP

•Alison PepperInteractive Advertising

Bureau

•Tracy Shapiro Federal Trade Commission

What do you need know about disclosures required by the Federal Trade Commission when you receive free products to review for your blog or website?

Since the revised guidelines on compensated product reviews went into effect in December 2009, the FTC has clarified its position for online publishers and has also investigated two companies with respect to their promotional campaigns.

Many online publishers rely on advertising to support their work. Get practical advice on legal developments that may impact your use of advertising.

Learn best practices from recent FTC investigations and find out about other limitations on your use of social networking and online marketing.

COPYRIGHT: USING THE WORK OF OTHERS AND LICENSING YOUR OWN WORK

PANELISTS

•Clay CalvertUniversity of Florida

•Eric HansonHunton & Williams LLP

•Kimberley IsbellCitizen Media Law

Project

•Christopher A. WiechTroutman Sanders LLP

Since March 2010, Righthaven has shaken up independent online publishers around the country by filing over a hundred and twenty copyright infringement lawsuits against those who republished articles from the Las Vegas Review-Journal.

Along similar lines, news aggregation has been a hotly debated topic, particularly where time-sensitive factual information is at stake.

Learn about licensing options and how copyright and new challenges under the hot news misappropriation doctrine may impact news production and aggregation.

Find out about the current state of copyright law for online publishers and learn best practices for minimizing the risk of a copyright infringement lawsuit.

NEWSGATHERING LAW: HOW TO STAY OUT OF TROUBLE WHEN YOU'RE GATHERING INFORMATION FOR A STORY PANELISTS

•Charles E. Coble Brooks, Pierce, McLendon, Humphrey & Leonard,

L.L.P.

•Lesli N. Gaither Dow Lohnes PLLC

•Toni Locy Washington & Lee

University

•Jim Walls AtlantaUnfiltered.com

In July 2010, the Second Circuit Court of Appeals ordered a documentary filmmaker to turn over video footage of interview outtakes in Chevron v. Berlinger.

Also in July, a public television station in North Carolina turned over unpublished material to comply with a legislative subpoena, and in the process conceded that it was a state agency. Subsequently, Alcoa, the subject of the investigation at the public television station, filed a public records request for the reporter’s materials.

In addition, learn how to stay within legal boundaries when you are collecting information and taking photos or video.

These two recent cases have important implications for reporter’s privilege and newsgathering of multimedia content for online publishing. Learn how they affect your ability to protect your sources and newsgathering materials.

EXERCISING YOUR RIGHT TO KNOW: GETTING ACCESS TO GOVERNMENT INFORMATION

PANELISTS

•Catherine J. CameronStetson University College of Law

•Carolyn CarlsonKennesaw State University

•Hollie ManheimerGeorgia First Amendment

Foundation

The movement towards increased public participation and transparency in government, as exemplified by Gov 2.0 and the Open Government Initiative, are presenting new opportunities for innovative online journalism projects.

Improved access to government data online means journalists have new tools to enhance their reporting, while technological innovations provide a platform to engage and inform readers, and ultimately impact policy decisions.

Get practical information on how to access the places and information you need for your reporting.

Get started in thinking about government data tools and resources and learn about your rights under federal and state public records and open meeting laws.

LIBEL AND PRIVACY: MINIMIZING THE RISKS OF PUBLISHING ONLINE

PANELISTS

•Thomas M. ClydeDow Lohnes PLLC

•Gregory W. HerbertGreenberg Traurig,

LLP

•Gregory LisbyGeorgia State

University

•Geanne RosenbergBaruch College

•David VigilanteCNN

On August 10, 2010, President Obama signed the SPEECH Act (also known as the libel tourism bill) into law. The new law protects online publishers from enforcement of foreign defamation judgments that are counter to First Amendment protections or the constitutional limits on personal jurisdiction.

The law also shields providers of interactive computer services from foreign judgments that are inconsistent with the protections of Section 230 of the Communications Decency Act.

Find out from media lawyers what they look for during pre-publication review and the advice they give their clients for avoiding a lawsuit. Learn best practices for reporting on sensitive topics.

Learn more about when to be worried, where you might be sued, and how the new federal statute affects your risks.

STARTING AN INDEPENDENT NEWS ORGANIZATION: BUSINESS LAW AND OTHER CONSIDERATIONS

PANELISTS

•Doug Kenyon Hunton & Williams LLP

•Paul Kritzer Gatzke, Ruppelt & Bucher,

S.C.

•Brett LockwoodSmith, Gambrell & Russell,

LLP

•Richard RimerTroutman Sanders LLP

•Deanna “Dede” SuttonClutch Magazine

The low-profit, limited liability company (L3C) is a new business form available to online publishing entities in a handful of states. Many new journalism organizations are considering forming as an L3C instead of as a traditional LLC or nonprofit.

Learn about the many legal and practical issues in deciding how to carry on your online publishing activities. Get the basics on how to launch your online venture.

What’s the big deal with this new business form?

Is it available in your state?

Is it right for you?