MEDIA LAW IN THE DIGITAL AGE
THE RULES HAVE CHANGED -- HAVE YOU?

Kennesaw State University
Atlanta, Georgia
September 25, 2010

For more information or to register, please visit the conference website.

To download the conference CLE materials, please go here.


SCHEDULE
Please note that this is a preliminary schedule and is subject to change.

OPENING REMARKS AND PLENARY SESSION
09:00 AM - 10:00 AM

New Developments in Media Law and What They Mean for Online Journalism

PANEL SESSION 1
10:15 AM - 11:45 AM

Newsgathering Law: How to Stay Out of Trouble
When You're Gathering Information for a Story

Libel and Privacy: Minimizing the Risks of Publishing Online

Exercising Your Right to Know: Getting Access to Government Information

NETWORKING LUNCH
12:00 PM - 01:30 PM

PANEL SESSION 2
01:45 PM - 03:15 PM

Copyright: Using the Work of Others and Licensing Your Own Work

Starting an Independent News Organization: Business Law and Other Considerations

Workshop: Getting Access to Government Information*

PANEL SESSION 3
03:30 PM - 05:00 PM

Safe Harbors: Building and Managing Online Communities

Advertising Law for Online Publishers

Workshop: Understanding Website Terms of Use, Freelancer Agreements, and Licenses*

 

PLENARY SESSION DESCRIPTION:

New Developments in Media Law and What They Mean for Online Journalism
The opening session will be a discussion of the hot topics in media law, focusing on current media-oriented lawsuits, legal challenges faced by journalism organizations and how technology is changing the practice of law and journalism.

 

PANEL DESCRIPTIONS:

Advertising Law for Online Publishers
Many online publishers rely on advertising to support their work. Get practical advice on current and emerging advertising models and learn about legal developments that may impact your use of advertising.

  • How privacy law and advertising law intersect
  • Evaluating potential liability from running ad networks while maximizing potential revenue streams
  • Complying with FTC guidelines for blogger disclosures
  • Complying with marketing restrictions such as CAN-SPAM

Panelists:

  • Scott Dailard (Dow Lohnes PLLC)
  • Luther Munford (Phelps Dunbar LLP)
  • Alison Pepper (Interactive Advertising Bureau)
  • Tracy Shapiro (Federal Trade Commission)

 

Copyright: Using the Work of Others and Licensing Your Own Work
Whether you're a freelancer or an independent online publisher, you'll want to know the basics of copyright law. Learn about who owns the copyright to content, licensing options and how copyright and new challenges under the hot news misappropriation doctrine may impact new production and aggregation.

  • What is covered by copyright and who holds the copyright
  • Licensing your work and the work of others, Creative Commons and other share-alike licenses
  • What constitutes copyright infringement and the challenges of applying fair use in the online context
  • Is hot news misappropriation a serious concern for news aggregators?

Panelists:

 

Exercising Your Right to Know: Getting Access to Government Information
Get practical information on how to access the places and information you need for your reporting. Learn about your rights under federal and state public records and open meeting laws, and understand the latest changes in access law.

  • Getting access to government records and meetings
  • Getting access to courts and court records
  • Obtaining media credentials

Panelists:

 

Libel and Privacy: Minimizing the Risks of Publishing Online
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.

  • Basics of a claim for defamation and invasion of privacy
  • Opinion, fair report and other privileges
  • Responding to legal threats

Panelists:

 

Newsgathering Law: How to Stay Out of Trouble When You're Gathering Information for a Story
Learn how to stay within legal boundaries when you are collecting information and taking photos or video.

  • Entering private property and collecting private information
  • Acquiring documents and other property
  • Recording phone calls, conversations, meetings and hearings
  • Dealing with and protecting confidential sources

Panelists:

 

Safe Harbors: Building and Managing Online Communities
A healthy online community can foster discussion and build connections within the community; an unhealthy one can be hostile and negative. Learn about how the safe harbors in the Communications Decency Act and the Digital Millennium Copyright Act impact the ability of journalism organizations to manage online users and comments.

  • Understanding Section 230 of the Communications Decency Act: Correcting, editing or removing content. Discussion will include the latest cases involving Section 230
  • Requirements for the Digital Millennium Copyright Act safe harbor and responding to takedown notices
  • Dealing with subpoenas for information about people who post on your website

Panelists:

 

Starting an Independent News Organization: Business Law and Other Considerations
Whether you're just getting started or you're a seasoned A-list blogger, there are many legal and practical issues to consider in deciding how to carry on your online publishing activities. Get the basics on business law and how to set up a website.

  • Choosing a name and business form -- LLCs, L3Cs, and corporations
  • Protecting your organization's name and trademarks
  • Setting up your website: Terms of use and privacy policies
  • Nuts and bolts of content contributor agreements (payment, kill fees, indemnification)
  • Record-keeping, taxes and insurance

Panelists:

 

Workshop: Getting Access to Government Information*
This small-session workshop is a companion to "Exercising Your Right to Know: Getting Access to Government Information." Bring your questions and ideas to get feedback and advice on your public records requests.

* If sufficient interest from registrants

 

Workshop: Understanding Website Terms of Use, Freelancer Agreements, and Licenses*
This small-session workshop complements the panels "Starting an Online News Organization: Business Law and Other Considerations" and "Copyright: Using the Work of Others and Licensing Your Own Work." Understand the typical language in licenses, freelancer contracts and website terms of use. This workshop is appropriate for both independent publishers and freelancers.

* If sufficient interest from registrants
 

For more information or to register, please visit the conference website.


CONFIRMED SPEAKERS:

Meredith Artley (CNN.com)

David Ardia (Citizen Media Law Project at the Berkman Center for Internet & Society)

Joshua Azriel (Kennesaw State University)

Justin Brown (Winthrop University)

Clay Calvert (Marion B. Brechner First Amendment Project, University of Florida)

Catherine J. Cameron (Stetson University College of Law)

Carolyn Carlson (Kennesaw State University)

Thomas M. Clyde (Dow Lohnes PLLC)

Charles E. Coble (Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.)

Scott Dailard (Dow Lohnes PLLC)

Lesli N. Gaither (Dow Lohnes PLLC)

Eric Hanson (Hunton & Williams LLP)

Gregory W. Herbert (Greenberg Traurig, LLP)

G. Patton Hughes (Paulding.com)

Kimberley Isbell (Citizen Media Law Project at the Berkman Center for Internet & Society)

Doug Kenyon (Hunton & Williams LLP)

Paul Kritzer (Gatzke, Ruppelt & Bucher, S.C.)

Gregory Lisby (Georgia State University)

Brett Lockwood (Smith, Gambrell & Russell, LLP)

Toni Locy (Washington & Lee University)

Hollie Manheimer (Georgia First Amendment Foundation)

Luther Munford (Phelps Dunbar LLP)

Alison Pepper (Interactive Advertising Bureau)

F. Richard Rimer (Troutman Sanders LLP)

Geanne Rosenberg (Baruch College)

Amy Sanders (University of Minnesota Law School)

Tracy Shapiro (Federal Trade Commission)

Deanna “Dede” Sutton (Editorial & Creative Director of Clutch Magazine)

David Vigilante (CNN)

Jim Walls (Editor and Publisher of AtlantaUnfiltered.com)

Christopher A. Wiech (Troutman Sanders LLP)

Len Witt (Center for Sustainable Journalism, Kennesaw State University)

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