Journalism's Digital Transition:
Unique Legal Challenges and Opportunities

Friday, April 9, 2010

Harvard Law School, Cambridge, MA

Download a PDF version of the program

Download the CLE materials for all three panels

Watch the videos for the three panels and Josh Benton's talk at lunch

Langdell North  9:30am-10:15am

Opening Remarks/Introduction to OMLN
Langdell North 10:15am-10:30am

Saving Journalism from Itself?
Hot News, Copyright Fair Use and News Aggregation
Langdell North 10:30am-12:00pm

One of the biggest challenges facing existing and new media companies is the question of how to respond to the rise of news aggregators, from hyper-local blogs to Google News. Featuring attorneys for both sides of the recent case involving GateHouse Media and the New York Times, as well as in-house counsel for the Associated Press and experts in the area of copyright law and fair use, this panel will look at the future of hot news and copyright fair use as they apply to different forms of news aggregation on the Internet.

  • Sam Bayard - Citizen Media Law Project, Berkman Center for Internet & Society at Harvard University
  • Bruce D. Brown - Baker and Hostetler LLP
  • Michael Grygiel - Hiscock & Barclay, LLP (outside counsel for GateHouse Media)
  • R. David Hosp - Goodwin Procter LLP (outside counsel for New York Times)
  • Joseph Liu - Professor, Boston College Law School
  • Christopher Bavitz (moderator) - Assistant Director, Cyberlaw Clinic, Berkman Center for Internet & Society at Harvard University

Austin North 12:15pm-1:15pm

Speaker: Joshua Benton - Director, Nieman Journalism Lab at Harvard University

Building and Managing Online Communities –
Anonymity, Defamation and Privacy, Oh My!
Austin North 1:15pm-2:55pm

This panel looks at the challenges, both legal and journalistic, facing journalism ventures that seek to build and maintain online communities, from article comments to community forums and blogs. Issues to be addressed include the role of Section 230 of the Communications Decency Act, dealing with and protecting anonymous commenters, and concerns regarding defamation and privacy.

  • Patrick Carome - Wilmer Cutler Pickering Hale and Dorr LLP
  • Bill Densmore - Consultant to Donald W. Reynolds Journalism Institute at University of Missouri and co-founder of CircLabs Inc.
  • Eric Goldman - Associate Professor, Santa Clara University School of Law
  • Jeff Howe - Contributing editor at and author of Crowdsourcing
  • Barbara Wall - Vice President/Senior Associate General Counsel, Gannett Co.
  • David Ardia (moderator) - Director, Citizen Media Law Project, Berkman Center for Internet & Society at Harvard University


The Future of Journalism:
Law and Ethics in a Changing Media Ecosystem
Austin North 3:10pm-5:00pm

This panel will address the role that law and the legal profession can play in journalism's transition to the online world. Topics to be addressed may include reporters' shield bill protections for online journalists, the effect of recent developments in First Amendment law, media reform and government policy, the ethics of new journalism models, and access to public information and documents. Practicing journalists and journalism professors will participate to give their own perspective on how the legal profession can best support new journalism efforts.

  • Robert Bertsche - Prince Lobel Glovsky & Tye LLP
  • Lucy Dalglish - Reporters Committee for Freedom of the Press
  • Jon Hart - General Counsel, Online News Association; Dow Lohnes PLLC
  • Dan Kennedy - Assistant Professor, School of Journalism, Northeastern University
  • Josh Stearns - Program Manager, and
  • Cameron Stracher - Co-Director, Program in Law & Journalism, New York Law School
  • Phil Malone (moderator) - Clinical Professor of Law and Director, Cyberlaw Clinic, Berkman Center for Internet & Society at Harvard University

Austin Rotunda 5:00pm-6:30pm