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LAW & PUBLIC COMMUNICATIO
N3CMA Conference
Chip StewartBob Schieffer College of
Communication, TCU@MediaLawProfSept. 10, 2015
SOCIALLY AWKWARD COPYRIGHT
COPYRIGHT MATTERS Copyright attaches to works of authorship at
moment of creation Text, audio, photo, video, architecture, etc. Even memes – original photo use isn’t free
Minimum damages: $750 per infringing use Often 3x to 30x assessed Example: AFP v. Morel (SDNY 2013), $1.2 million
for Haiti earthquake photos Fair use defense generally doesn’t extend to
publicity/commercial uses So, I found this photo on Facebook… OK to repost on same platform (retweet, e.g.) or
if using same API (Storify)
PUT SIMPLY…Rule 1: Make it yourself
Rule 2: If you didn’t make it yourself, get permission or buy a license
Rule 3: Share, don’t take
TRADEMARK - LOGOS Important to protect your marks as a
city/county/etc. from improper use Some state laws may help
Example: Texas impersonating public servant law, shut down fake @AustinPD account
But you must allow for parodyUsing the power of the state to punish
speech criticizing/mocking public officials is a First Amendment violation (ask Peoria Mayor, settled for $125,000)
DEALING WITH PRIVACY In smartphone/drone era, recording
photos and videos are easy and cheapQuick drone law: Gov’t use OK, commercial
not, fly below 400 feet, don’t interfere with aircraft
First Amendment generally protects people’s right to take photos/record in public placesEspecially activities of public servants,
policeConsider Texas improper photography law
What about live streaming?
RIGHT OF PUBLICITY Don’t use celebrities’ images/likenesses
for publicity purposes without permission
SOCIAL MEDIA POLICIES Have one and update it!
Good example: Fairfax County, Va. Government employees have free speech
rights, so it’s hard to punish them for speech you don’t like (private employees do, too, for organizing
activities under NLRB regs)Only can punish if public-facing communication
or related activity is part of the job Be careful about removing online comments
It’s legal, but it can look like you’re trying to silence critics – Streisand Effect
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