Date/Time: Tuesday, May 7, 6:00 – 8:15 p.m.

Presented by the FCBA Intellectual Property and Mass Media Committees

As the lines between old and new media blur, and broadcasters become more active in the digital world, whether it be through social media platforms like Facebook and Twitter, or by posting their content online through their own websites, through platforms like YouTube, streaming their content directly to the consumer, or podcasting, lawyers representing these broadcasters need to understand the legal landmines that may await them in the cyber-jungle.  In this CLE, we will examine the basic legal issues arising at the intersection of traditional media and the new social and digital media, and explore the roles of the FCC and FTC in addressing these issues.


6:00 – 6:05 p.m.         Welcome and Introductions

6:05 – 7:05 p.m.         Copyright and Trademark Issues

When can companies take material from social media or other Internet sites, and use it on their traditional media platforms?  Can you take videos from YouTube and feature them in your 11:00 news?  Can you take a photo from a website and use it to illustrate a story on your broadcast station’s website?  What liability do you have for posting material on Facebook, Twitter or other social media sites?  Who owns what you post on social media sites?  Are you liable for what your employees post online?  Can you encourage your audience to post photos or videos on your website or social media pages?  What liability do you have for their posts?  What music licenses do you need to produce online videos or podcasts?  These and other issues will be explored in this first panel.

David Oxenford, Partner, Wilkinson Barker Knauer, LLP

Sy Damale, Partner, Latham & Watkins LLP
Kevin Goldberg, Member, Fletcher, Heald & Hildreth
Megan Gray, General Counsel & Policy Advocate, DuckDuckGo
Jay Rosenthal, Partner, Mitchell Silberberg & Knupp LLP

7:05 – 7:15 p.m.         Break

7:15 – 8:15 p.m.         Other Legal Issues – Advertising, Sponsorship Identification, Contests, Privacy, Libel, and More
In this second panel, we will discuss the many other non-copyright legal issues impacting how broadcasters utilize social and digital media platforms.  What are the FTC’s rules on requiring sponsorship identification of sponsored digital content, particularly regarding endorsements and testimonials?  What are the FTC’s rules for protecting the privacy and security of personal information collected via social and digital media platforms?  Are there any special disclosure requirements for online political ads under Federal or state law?  Are station contests run through social media subject to any special rules?  What liability do you have for retweeting a potentially libelous statement?  What if a social media post is read in a country that has less favorable libel laws?

Lauren Lynch Flick, Senior Counsel, Pillsbury Winthrop Shaw Pittman LLP

Kathleen Benway, Partner, Wilkinson Barker Knauer, LLP
Eric Feder, Associate, Davis Wright Tremaine LLP
Lee Goodman, Partner, Wiley Rein LLP (former FEC Chairman)
Serena Viswanathan, Acting Deputy Director of the FTC’s Bureau of Consumer Protection



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