Creative Brief for SIPA Identity - Communications Marketing Group

Creative Brief for SIPA Identity Client Contact Information: Specialized Information Publishers Association Project Identity for organization’s new name Prepared by: Elinor Kinner, Vice President of Communications Marketing Group Approved by: ___________________________ ______________________________ Client Agency Background/Overview: The Newsletter and Electronic Publishers Association (NEPA) is changing its name effective June 1, 2006. The purpose of the name change from NEPA to SIPA – the Specialized Information Publishers Association – is to acknowledge the evolution of the industry from newsletter publishing to monetizing specialized content. The organization wants to keep pace with its members, and potential members, as new technology and delivery methods continue to emerge. Although newsletter publishers will remain the core of the association’s membership as the majority of members’ revenue comes from print newsletters, the desire is to broaden the appeal of the organization to reach additional members which may have been limited by previous organization names. The organization is recognized by the acronym, NEPA, and moving forward, it is important to communicate the full organization name with the acronym while ensuring that the newsletter heritage is maintained. In an effort to open doors to the future of the organization, the identity/slogan must preserve its roots. CMG has interviewed several members of the association and conducted a communications audit, as well as facilitated a branding and positioning workshop to ensure the new identity adequately reflects the organization and captures the desired image for the association. The current identity communicates a less than progressive entity that members of the branding committee also feel might be inhibiting outreach efforts to new members. While the identity and slogan cannot ignore the heritage of the association, it must open doors to the future of the organization. Objective To develop a new visual identity and slogan for the Specialized Information Publishers Association that is clean, fresh, motivating and accurately portrays the image of the organization.

Key Message: Entrepreneurial-minded publishers and content providers from both large and

small companies with diverse expertise in a broad-range of specialized information join SIPA, the only association network that delivers leading-edge, profitable, business-building resources to help members monetize content.

Supporting Messages and Emotional Rationale

Newsletters are one key component of the specialized information industry that is evolving rapidly and offering new opportunities for entrepreneurs to be profitable.

Draw on a diversity of professional expertise in a network of like-minded entrepreneurial-spirited colleagues.

Take advantage of emerging information in delivery technologies to help build your business and expand your bottom-line.

Learn how, and share, techniques for monetizing content in a fun, friendly environment.

Target Audience Members and potential members of the Specialized Information Publishers Association, an international trade organization for specialized print and electronic publishers Creative Direction and Elements to Consider: Desired Image/Perception

Progressive Contemporary Flexible – responding quickly Fluid Professional Authoritative Leading-edge Technologically savvy Practical and useful Profit-driven Bottom-line oriented Entrepreneurial spirit of members Where diverse expertise and segmented businesses come together in an open,

sharing network/community. Inclusive and welcoming, yet with a broad representation of members

(geographically diverse, small companies, large companies, print-based, etc.) Proactive rather than reactive or sleepy Warm, friendly, collegial, fraternal Dynamic Active Open and inviting A clearinghouse for information

Color Preferences

Colors that are notably different than the current identity Warm colors - blues, silvers, reds (no reflex blue) Bright, multiple colors – preferably two-color logo to minimize printing costs No forest green and cream Something easily reproducible in black and white Nothing that when screened will be too pale or feminine as the membership base

is primarily male Use colors that suggest forefront and action but are not cold or cool

Shapes

Crisp lines that suggest motion Contrast – such as with black and red Angular No circles or ovals

Overall Creative Direction

Want to be the “W” rather than the Mayflower (hotel analogy) Needs to show energy Be explosive, maybe a little shocking Attention-grabbing Comments from committee members – “startle us a little,” “push the envelope”

Needs from Creative Team:

Design concepts for logo due May 15th. Revise design concepts due May 18th. Final logo design concepts refined by May 19th for final approval and submission

to board by committee.

8201 Greensboro Drive, Suite 300McLean,Virginia 22102703.610.0260 1.800.356.9302 fax 703.610.9005www.newsletters.org

v Printed on Recycled PaperPublished biweekly as a service to mem-bers. ISSN: 0749-1255 © 2006Specialized Information PublishersAssociation.

I n T h i s I s s u e

2 Judge Rejects Company's Request For Identity Of Tipster In Copyright Case

3 Thompson PublishingGroup Acquires Atlanta-Based AHC

4 Learn To AcceptCriticism

5 New M. Lee SmithStructure ReflectsMarket Orientation

6 Matrix Helps ExpandRelationships

7 Web Buyers Are Different — Market ToThem As Such

8 Notes In The News

8 Harry's List

8 Publishers In The News

Judge Rejects Company’s Request ForIdentity Of Tipster In Copyright Case

A District of Columbia judge quashed asubpoena seeking that identification in acourt case that began with a tip via theInternet about alleged copyright infringe-ment of computer software.

The ruling is important because it pro-vides a measure of protection for tipsterswho report allegations of copyright piracy.Specialized-information publishers, as withcomputer software companies, sometimesrely on such sources in detecting suspectedcopyright abuse.

In 2005, SIIA received a report claimingthat a Virginia defense contractor was usingunlicensed software. SIIA, a Washington-based trade group representing softwarecompanies, received the tip through anInternet program that allows individuals toconfidentially report instances of suspectedsoftware piracy to the association. SIIA thencontacted the defense contractor, whichdenied any wrongdoing.

The company requested that SIIA identifythe source of the allegation against it, butSIIA declined to do so because it promisesconfidentiality to those who report suspect-ed infringement. Ultimately, no copyrightclaim was pursued against the company andSIIA made no determination that the compa-ny had acted improperly.

The defense contractor, however, filed adefamation suit in the District of ColumbiaSuperior Court against the individual whomade the allegation to SIIA. Because theindividual’s name is unknown to the compa-ny, it filed suit naming "John Doe" as thedefendant and served a subpoena on SIIAdemanding that it surrender John Doe’s

identity. SIIA was not named as a defendant.In a decision issued late last month, the

trial judge in the defamation case quashedthe subpoena issued to SIIA and ruled thatthe trade association could continue tokeep the tipster’s name confidential.

The court emphasized that the defensecontractor was not automatically entitled tothe informant’s name simply because it hadfiled a defamation action. On the contrary,the court held that the company had tomake a threshold showing that it might ulti-mately prevail in its defamation suit beforeit would be appropriate for the court toenforce a subpoena seeking SIIA’s confiden-tial source.

Applying this standard, the court conclud-ed that the company had failed to show, asit must to potentially prevail in its lawsuit,that it had suffered some harm as a result ofthe allegation that it may have engaged incopyright infringement. The court notedthat the infringement allegation was notpublicized and that no copyright claim wasultimately pursued against the company.

The court also held that the defense con-tractor failed to exhaust other alternativesfor learning the tipster’s identity, such asinterviewing its own employees.

In other copyright-related news, HouseJudiciary Chairman James Sensenbrenner Jr.(R-WI) has introduced federal legislationthat deals with criminal copyright penaltiesand tweaks to civil copyright law. If theselaws go through, they would go a long waytoward making sure people understand theimportance of copyright. The bills are get-

Specialized-information publishers who rely on copyright-violation whistle-blowers

to inform them of illegal copying got some good news recently when a judge reject-

ed a company’s request to force the SIIA to identify a source alleged such copying.

Judge continued on page 3

HotlineS p e c i a l i z e d

I n f o r m a t i o n

P u b l i s h e r s

A s s o c i a t i o n

G r e a t I d e a s .

G r e a t e r P r o f i t s .

V O L U M E 3 0 , N U M B E R 1 8 | S E P T E M B E R 1 1 , 2 0 0 6

P a t r i c i a M . W y s o c k i

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P u b l i s h i n g

C r e a t e d b y

Patricia M. Wysocki has been with the SpecializedInformation Publishers Association since 1984, having servedas its executive director for the past 12 years.

Ms. Wysocki has lectured extensively across the U.S.,Canada and Europe on specialized-information publishingtopics. She is the publisher of SIPA's biweekly, members-onlynewsletter, Hotline, and biweekly e-zine, SIPAlert. She hasorganized and attended more specialized-information publish-ing conferences and seminars over the past 22 years than anyother person. From this experience she is able to share whatshe has learned from the hundreds of specialized-informationpublishing pros she has met.

Currently, Ms. Wysocki serves on the board of directors ofthe Specialized Information Publishers Foundation where shepreviously held the title of Secretary/Treasurer for many years.She also served on the Junior League of Washington's boardof directors as Ways & Means Council Director, responsiblefor more than $500,000 of revenue from various fundraisingsources, and also as its Parliamentarian. She chaired a varietyof fundraisers, as well.

The Special ized InformationPublishers Associat ionSIPA is a non-profit, international trade association dedicated to fostering extraor-dinary business growth, profitability and editorial excellence for specialized-infor-mation publishers. It serves as an information-sharing network for profit-driven,entrepreneurially minded professionals who publish in a wide range of media,including newsletters, directories, online publications, looseleafs, databaseservices and conferences.

Through its conferences, audio conferences, industry surveys and publica-tions, SIPA keeps members updated on effective marketing techniques, newbusiness models, emerging technologies and successful content strategies— in short, great ideas for greater profits. The association also provides leg-islative advocacy, free legal counseling to members, outreach programs tocolleges and universities, educational activities, and awards programs forpublishing and marketing excellence. Above all, SIPA nurtures anuncommon culture of intelligencesharing and open exchange, sup-ported by chapters throughoutthe United States and the UnitedKingdom and member compa-nies throughout the world. w w w. n e w s l e t t e r s . o r g



S p e c i a lR e p o r t

G r a p h i c S t a n d a r d s M a n u a l



S I PA G r a p h i c S t a n d a r d s M a n u a l

S p e c i a l i z e d I n f o r m a t i o n P u b l i s h e r s A s s o c i a t i o n

2

Introduction

This is the Graphic Standards Manual of the SpecializedInformation Publishers Association (SIPA). SIPA is theassociation dedicated to fostering growth, profitability andprofessional excellence for specialized-information publish-ers worldwide such as: newsletters; directories; onlinepublications; looseleafs; database services; and confer-ences.

These guidelines are meant to provide structure for mem-bers and associated entities when using the SIPA brand-mark Following these standards to guide the design of allbranded materials and communication will ensure consis-tent visual representation of SIPA’s identity. StandardizingSIPA’s graphic identity builds equity in the brand, maintainsthe desired image, tone and values of the association, andpreserves the integrity of the logo.

The SIPA identity may be applied to a variety of printed ormanufactured materials as well as on-screen communica-tion, and the style guide offers flexibility yet consistency.The SIPA identity may be used on a variety of piecesincluding banners, podium signs, partner Web sites, mem-ber Web sites and collateral, merchandise, presentations,awards, etc., and instructions for using the brandmark,design elements, tagline and colors are detailed in the styleguide for easy reference.

The brandmark and corporate identity system outlined inthis guide are the visual foundation of SIPA. Any alteration,distortion, re-creation, or misuse of the SIPA identity isstrictly prohibited. Questions regarding the guide or use ofthe SIPA brandmark and identity should be directed toSIPA headquarters – 8201 Greensboro Drive, Suite 300,McLean, VA 22102, 703-610-0260 or toll-free, 1-800-356-9302. Or visit the SIPA Web site at www.sipaonline.com.



3

Our Brand History

SIPA, formerly the Newsletter and Electronic PublishersAssociation (NEPA), represents a network of profit-driven,entrepreneurial-minded professionals sharing tactics andstrategies to help businesses monetize content and thrivein a competitive marketplace. Positioning for growth in abooming information industry, association leaders changedthe name of the organization to reflect the changing needsof its members and prospective members. A newidentity was created to reflect a more contempo-rary image for this evolving organization – a sharp,progressive look that embodies the spirit of theassociation and the professionals it serves.

The logo design personifies the brand’s open,inviting, warm, friendly, yet professional, practicaland authoritative attributes. The crisp contrast ofthe accent colors complement the design ele-ments and illustrate the connectivity, vitality, andstrength of the organization. SIPA created aclean, fresh, motivating brand image that accurate-ly depicts the organization.

The SIPA brandmark is the signature of the organi-zation and is the logo and the name of the organi-zation as it appears together. The two elementsshould not be featured independently as theSIPA acronym requires explanation andlacks recognition on its own. The full name ofthe organization should always appear on the leftof the SIPA acronym and graphic. The word“information” should always appear in red unlessthe logo is being used in black and white. Thename of the organization and logo should neverappear one on top of the other (stacked) and the brand-mark should never be re-created or altered.

Minimum brandmark size:

Print width: 1/4 inch

Web width: 18 pixels



4

While designer discretion is advised, placement of thebrandmark should be in the top left corner of printed oronline material when possible. On co-branded materials,the SIPA brandmark should be prominent, preferablyappearing first and as large as possible without dominatingthe piece. The SIPA brandmark should never appear small-er than ¾” wide in print and 120 pixels wide online to pre-serve the integrity of the name and graphic. The areaaround the brandmark should remain clear of any additionaltype or graphics. Nothing should appear approximately 10percent the width of the logo around the perimeter of thebrandmark.

On the rare occasion that the logo must be used withoutthe organization name spelled out as in the brandmark, theSIPA logo should never appear smaller than ¼” wide.Featuring the logo alone should be an exception to thebrand style guidelines and should be approved by SIPAbefore use.

Minimum brandmark size:

Print width: 3/4 inch

Web width: 120 pixels

Brandmark space:Nothing should appearapproximately 10 percent thewidth of the logo around theperimter of the brandmark

3/4”

120 pixels

10% of width of logo

1/4”

18 pixels

SIPA Red:PMS 186CMYK: C:5, M:95, Y: 85, K: 1RGB: R:204, G:51, B:51HEX: #CC3333

SIPA Blue:PMS 637CMYK: C: 55, M: 0, Y: 9, K: 0RGB: R:131, G:199, B:208HEX: #83C7D0

SIPA Gold:PMS 7409CMYK: C:0, M: 30, Y: 95, K: 0RGB: R:234, G:186, B:0HEX: #EABA00

SIPA Green:PMS 3405CMYK: C:83, M: 0, Y: 65, K: 0RGB: R:81, G:194, B:135HEX: #51C287

SIPA Grey:PMS Cool Grey 3CMYK: C:0, M: 0, Y: 0, K: 20RGB: R:209, G:209, B:209HEX: #D1D1D1

SIPA Black:CMYK: C:0, M: 0, Y: 0, K: 100RGB: R:0, G:0, B:0HEX: #000000



5

SIPA Color Design Suite

Black & WhiteThe brandmark should be printed in two colors; however, ifbudget or technology doesn’t allow two-color reproduction,black and white may be used.



6

Color pairings:When printing or publishing in two colors, the primary col-ors – SIPA red and black – should be used. When printingor publishing in more than two colors, the complementarycolors – SIPA Blue, SIPA Gold, SIPA Green and SIPAGrey – should be added and possibly paired, but neverused all together. For example, blue and gold may be usedtogether, green and gold, blue and green, or gold and grey;however, all four should never be used all together. Whenusing photography, color choices should always comple-ment the selected photography.

The PMS colors and CMYK color match should be usedwhen reproducing the logo or using the colors on printedmaterial to ensure printing accuracy. The Hexadecimal(HEX) and RGB Web colors are for on-screen and desktoppublishing use.

Paper SelectionTo preserve the clean, crisp look of the logo design, printedmaterials should be produced on a non-textured, brightwhite paper. However, if colored paper is necessary, acolor closely matching the SIPA Blue, SIPA Gold, or SIPAGreen should be selected.



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Type StyleWhen designing a print piece with additional copy contentsuch as a program or brochure, a serif type, preferablyCheltenham Book, should be used in conjunction with thebrandmark. To ensure readability, the font size shouldappear no smaller than 11 point. When designing for theWeb, a sans serif typestyle should be used for body copy,preferably Helvetica or Arial, with a point size no smallerthan 10 point. However, designers may use their discretion.

The font used in the logo is Cheltenham Book. This type-face was selected to reflect the rich history of the organiza-tion and to juxtapose the contemporary look of the newgraphic design with a serif typestyle classic dating back to1896 and often used in newspaper printing for readability.

Primary font: Cheltenham Book

Secondary font: Helvetica

A B C D E F G H I J K L M NO P Q R S TU V W X Y Z1 2 3 4 5 6 7 8 9 @ ™a b c d e f g h i j k l m n o p q r s t u v w x y z

A B C D E F G H I J K L M NO P Q R S TU V W X Y Z1 2 3 4 5 6 7 8 9 @ ™a b c d e f g h i j k l m n o p q r s t u v w x y z



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PhotographyThe use of photography is encouraged to build on the per-sonal, warm, friendly image of the organization.Photography of real people, professionals in the special-ized- information publishing industry, rather than stock pho-tography should be used. The people featured in the pho-tographs must be facing the camera. Although photo-graphs of members are strongly encouraged, should stockphotography be selected for certain marketing materials, adiverse representation in ethnicity, color and gender shouldbe depicted. Additionally, the photography should be styl-ized and project a professional, business-like image.

The SIPA NameSpecialized Information Publishers Association should notbe hyphenated. A hyphen should be used when referringto the industry: specialized-information publishing.

The SIPA TaglineThe tagline, “Great Ideas. Greater Profits.,” was designedto be a simple reminder of the core value in SIPA member-ship. The brandmark can be used with or without thetagline; however, the tagline should not be used alone as itis meant to complement the association name and identity.The tagline may be translated into other languages withwritten approval from SIPA prior to use.

When the tagline is used with the SIPA color bar, the fontshould be Cheltenham and the letters should be kernedout. The spacing between the letters should be approxi-mately 1 ½ the width of each character. The height of thetagline should be approximately ¼ the height of the SIPAbar. If the tagline is used without the color bar, the fontshould be Cheltenham and the type should print in black orSIPA red.



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G r e a t I d e a s . G r e a t e r P r o f i t s



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The SIPA Color BarThe SIPA color bar is a graphic element to be used in con-junction with the tagline and brandmark to further enhancethe SIPA identity. The bar should extend the width of thepage or material on which it is printed and the heightshould be approximately 5% the width of the bar. The slantshould always be from top left to bottom right in the colorbar. The color bar should always appear in black (left) andred (right), and the SIPA circles (see next page) may beadded for additional visual appeal.

G r e a t I d e a s . G r e a t e r P r o f i t s .

color bar should extend the width of page if possible



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The SIPA CirclesThese optional design features complement the brandmarkand color bar, and provide additional dimension to the SIPAimage. The SIPA circles should always appear as a screen(5 – 40%) of one of the approved SIPA colors. The circlesmay be overlaid on a photo or used as the background of adesign; however, the circles should never be used behindtext.

The SIPA circles should always appear in a grid pattern.The distance between the circles should be 1/3 of thediameter of each circle. The circles may appear in patternswith various circles missing from the grid.

Publisher’sGuidebook





12

Chapter LogosEach SIPA chapter has a unique identity and sub-brand-mark of the parent organization. The sub-brandmarks werecreated with the same design in mind yet provide distinctrepresentation to those programs, events and communica-tion emanating from each individual entity. As additionalchapters are formed, SIPA will create new chapter sub-brandmarks.

The logos should only be arranged as the examples shownwith the same format, font, color, and graphic. They shouldnever be altered, distorted, or re-created. Use of the logosshould follow the same design criteria as the SIPA brand-mark for the parent organization in terms of colors, photog-raphy, and placement.

Any time the SIPA brandmark and chapter or foundationsub-brandmarks appear together, the SIPA brandmarkshould appear to the left of, or above, other images. Theminimum reproducible size of the chapter and foundationsub-brandmarks is ¾” wide in print and 120 pixels wideonline.

S p e c i a l i s e d I n f o r m a t i o n P u b l i s h e r s A s s o c i a t i o n SIPA

U n i t e d K i n g d o mC h a p t e r

G r e a t i d e a s .

G r e a t e r p r o f i t s .



13

Foundation LogoThe brandmark for the SIPA Foundation was created in theimage of the parent brandmark and contains the samecolor and graphics as the founding organization. The logoshould only be arranged as the examples shown with thesame format, font, color, and graphic. It should never bealtered, distorted, or re-created. Use of the logo should fol-low the same design criteria as the SIPA brandmark interms of colors, photography, and placement.

Any time the SIPA brandmark and foundation sub-brand-mark appear together, the SIPA brandmark should appearto the left of, or above, other images. The minimum repro-ducible size of the foundation sub-brandmark is ¾” wide inprint and 120 pixels wide online.



14

Member Use of SIPA BrandmarkSIPA members are encouraged to feature the SIPA brand-mark on their Web sites, in company promotional materials,or anywhere the equity in membership may be leveraged.The SIPA member sub-brandmark is only available to cur-rent members and may be downloaded and reproduced inits entirety.

8201 Greensboro Drive, Suite 300

McLean,Virginia 22102

703.610.0260 1.800.356.9302

fax 703.610.9005

www.newsletters.org



15

Identity Package

Letterhead:

color bar height: .45”

SIPA logo width: 2.5”

.28”

Font: Cheltenham Book

8pt, 12 pt line spacing

Margins: .375”

Paper: 70lb, smooth white

offset

8201 Greensboro Drive, Suite 300McLean,Virginia 22102

703.610.0273 1.800.356.9302 fax 703.610.9005

[email protected]

... from the desk of Kerry C. Stackpole, CAE



Name Font: Cheltenham Book, 12pt, 14pt line spacing

Font: Cheltenham Book, 8pt, 10pt line spacing

Margins: .375”

Paper: 24lb, smooth white offset

Notecard:



16

8201 Greensboro Drive, Suite 300

McLean,Virginia 22102

ADDRESS SERVICE REQUESTED


color bar width: 2.8”


Font: Cheltenham Book, 7.5pt, 13pt line spacing

Margins: .25”

Paper: 70lb, smooth white offset

8201 Greensboro DriveSuite 300McLean,Virginia 22102direct 703.610.0273 main 703.610.0260 1.800.356.9302fax 703.610.9005 [email protected]

Kerry C. Stackpole, CAEExecutive Director



Name Font: Cheltenham Book, 8.5pt, 10.5pt line spacing

Font: Cheltenham Book, 7.5pt, 10.5pt line spacing

Margins: .187”

Paper: 80lb, smooth white offset cover

Identity Package

#10 Envelope:

Business Card:



17

Programs

...LATEST IDEAS........INFORMATION........

INSIGHTS..........LATEST IDEAS........IN

FORMATION

......NEWSLETTER........S

PECIALIZED INFORMATION...................PUBLIS

....PUBLISHERS........

......EDITORS.........

....THOUGHT LEADERS ......PUBLISHERS

Now’s the time to mark your calendar for the Annual International Newsletter andSpecialized Information Conference June 3-5, 2007 at the historic Mayflower Hotelin the heart of Washington, D.C.

Inspire your thinking, re-energize your strategies and gather-up great ideas from morethan 90 sessions and break-outs. The unique breadth of content and the quality of thepeople who present it are what makes this conference so special. Be on hand for the

one event where you can meet, mingle and network with theworld’s leading editors, marketers, and thought leaders in the

newsletter and specialized information business.Join your peers for three days of dynamic and excit-

ing workshops, roundtables and break-out sessionscovering the latest ideas, information, and insights into

newsletters, specialized information and the emerging uni-verse of new electronic media and marketplaces.

M A R K YO U R CA L E N D A R N O W !

8201 Greensboro Drive, Suite 300McLean, VA 22102

Address Service Requested

The New Rules...Find Them In Washington, DC June 3-5th, 2007

Visit us on the web

www.newsletters.org for

updates and registration

information beginning

January 15th. Register early

for the best rates.

31st Annual International Newsletter & Specialized Information Conference

Save the Date Postcard

Name of Publication Enclosed: ___________________________________________________________-OR-Please go to to the following URL for the content being submitted: ____________________________

_____________________________________________________________________________________

Title of story/looseleaf/database/directory/content: __________________________________________

Name of Editor: ________________________________________________________________________

Please consider this entry in the category:

*Enclosed is my entry fee:

No. of Entries _______ X $85. per entry for SIPA members = $_______________

No. of Entries _______ X $125. per entry for non-SIPA members = $_______________

o Check enclosed o Charge My Credit Card

Card #:_______________________________________________________________________________

Expire Date: ____________________________ Security Code: ________________________________

Cardholder Name:______________________________________________________________________

Signature:_____________________________________________________________________________

Name of Entrant: _______________________________________________________________________

Name of entering company: ______________________________________________________________

Street Address: _______________________________________________________________________

City/State/Province/Postal Code: ________________________________________________________

Telephone: _______________________ E-Mail: ____________________________________________

*Signature of Entrant or person Entering submission on behalf of Entrant:

_____________________________________________________________________________________

28 years of recognizing excellence

in specialized-content publishing...

...in print, online and beyond

S p e c i a l i z e d I n f o r m a t i o n P u b l i s h e r s F o u n d a t i o n

Spotlight your

company’s editorial

achievements and

win the recognition

you deserve!

E n t e r t h e

SIPF Editorial Awards

ENTRY DEADLINE: APRIL 2, 2007

E X C E L L E N C E . R E C O G N I T I O N . R E S P E C T .

Specialized InformationPublishers Foundation8201 Greensboro Drive,Suite 300McLean, VA 22102-3814

SIPF 2007 Editorial Award Entry Form

_____ Best Spot-News/Exclusive Single News Story

_____ Best Investigative Report

_____ Best Interpretive or Analytical Reporting

_____ Best Instructional Reporting

_____ Best Financial Advisory Product

_____ Best Single-Topic Product

_____ Best Reference Publication

_____ Best Directory or Database

_____ Best Interactive Client

Eligibility:Each submission must beaccompanied by an entryfee of $85 for SIPA members and $125 fornon-SIPA members.

Submitted stories musthave been published during calendar year 2006.

Multiple entries within individual categories andin several separate categories are permitted.The following rules MUSTbe followed, or submissions will bedeclared ineligible.

Every entry must:

• Be made under separatecover;

• Contain a separate entryform and cover letter;

• Be accompanied by theappropriate entry fee,payable to SIPF. Fees formultiple entries may beincluded in one check.

E n t e r t h e

SIPF Editorial AwardsENTRY DEADLINE: APRIL 2, 2007


E X C E L L E N C E . R E C O G N I T I O N . R E S P E C T . E X C E L L E N C E



18

Programs

Name of Publication Enclosed: ___________________________________________________________-OR-Please go to to the following URL for the content being submitted: ____________________________

_____________________________________________________________________________________

Title of story/looseleaf/database/directory/content: __________________________________________

Name of Editor: ________________________________________________________________________

Please consider this entry in the category:

*Enclosed is my entry fee:

No. of Entries _______ X $85. per entry for SIPA members = $_______________

No. of Entries _______ X $125. per entry for non-SIPA members = $_______________

o Check enclosed o Charge My Credit Card

Card #:_______________________________________________________________________________

Expire Date: ____________________________ Security Code: ________________________________

Cardholder Name:______________________________________________________________________

Signature:_____________________________________________________________________________

Name of Entrant: _______________________________________________________________________

Name of entering company: ______________________________________________________________

Street Address: _______________________________________________________________________

City/State/Province/Postal Code: ________________________________________________________

Telephone: _______________________ E-Mail: ____________________________________________

*Signature of Entrant or person Entering submission on behalf of Entrant:

_____________________________________________________________________________________

28 years of recognizing excellence

in specialized-content publishing...

...in print, online and beyond


Spotlight your

company’s editorial

achievements and

win the recognition

you deserve!

E n t e r t h e

SIPF Editorial Awards

ENTRY DEADLINE: APRIL 2, 2007

E X C E L L E N C E . R E C O G N I T I O N . R E S P E C T .

Specialized InformationPublishers Foundation8201 Greensboro Drive,Suite 300McLean, VA 22102-3814

SIPF 2007 Editorial Award Entry Form

_____ Best Spot-News/Exclusive Single News Story

_____ Best Investigative Report

_____ Best Interpretive or Analytical Reporting

_____ Best Instructional Reporting

_____ Best Financial Advisory Product

_____ Best Single-Topic Product

_____ Best Reference Publication

_____ Best Directory or Database

_____ Best Interactive Client

Eligibility:Each submission must beaccompanied by an entryfee of $85 for SIPA members and $125 fornon-SIPA members.

Submitted stories musthave been published during calendar year 2006.

Multiple entries within individual categories andin several separate categories are permitted.The following rules MUSTbe followed, or submissions will bedeclared ineligible.

Every entry must:

• Be made under separatecover;

• Contain a separate entryform and cover letter;

• Be accompanied by theappropriate entry fee,payable to SIPF. Fees formultiple entries may beincluded in one check.

E n t e r t h e

SIPF Editorial AwardsENTRY DEADLINE: APRIL 2, 2007


E X C E L L E N C E . R E C O G N I T I O N . R E S P E C T . E X C E L L E N C E



19

Membership Collateral

Great Ideas. Greater Profits.

N e w s l e t t e r s

D i r e c t o r i e s

O n l i n e P u b l i c a t i o n s

L o o s e l e a f s

D a t a b a s e S e r v i c e s

C o n f e r e n c e s

Join the leading organization that helps specialized-information

publishers grow and prosper in today's fast-paced media environment.

Great Ideas. Greater Profits.SIPA keeps you on top of what's new and what'sworking in specialized, for-profit publishing

Members get a constant flow ofnews about successful marketing,content and new-product development techniques.

Owners, executives, marketers, editors,webmasters, and customer-servicestaff from specialized information publishing companies worldwide learnwhat’s working—and what’s not—atSIPA’s must-attend conferences andworkshops. From small-group roundtables to roll-up-your-sleevesmeetings, and from off-the-record large publishers meetings to relaxed parties,you’ll make profitable connectionsthrough your membership in SIPA.

Rev up your team’s enthusiasm andbrush up on new techniques when youattend SIPA’s variety of education andtraining programs scheduled throughout the year. Whether you’re anew professional or seasoned

publisher, SIPA has the session foryou. You’ll get real-world advice fromthe field’s top experts to help you…

• Break into online publishing• Boost direct-mail response rates• Increase renewals• Learn what's working in Internet

marketing• Discover the hottest new product

strategies

Above all, your SIPA membershipdelivers a high ROI: You receiveactionable ideas you can take to thebank, plus you save on all conferencefees, legal consulting, and practicalreports that address all your challenges.

SIPA keeps you in touch with the latest

trends, technology, strategies and tactics to help build your

business. As a member, you get a constant flow of practical,

hands-on insights from colleagues facing the same challenges

and opportunities you face every day.

Bringing people and ideas together

Our members range from start-up entrepreneurs and smallcompanies with one or two publications, to firms with hundreds of employees and tens of millions of dollars inannual sales.

“This was a great conference – my

favorite. The people are great

and willing to share their

experiences, what’s working and

what’s not. My biggest problem

was to choose which sessions to

attend when there were so many

interesting/relevant ones!”

Wayne Cooper, Greenhaven Partners,Greenwich, CT

“The return on investment I’ve

realized from SIPA over the years

is HUGE. In fact, 10 of the dozen

or so acquisitions I’ve done began

over dinner with another

newsletter publisher I met at a

SIPA function. The networking

opportunity SIPA provides has

generated several million dollars

in revenue that otherwise would

have passed us by.”

Robert Williford, President, EB Practice LLC, Alpharetta, GA

8201 Greensboro Drive, Suite 300, McLean, VA 22102

Toll-Free Voice: 1-800-356-9302 • Voice: 1-703-610-0260 • Fax: 703-610-9005

e-mail: [email protected] • Web: www.sipaonline.com

Discover how your business can benefit from SIPA membership. Call toll-FREE 1-800-356-9302 (outside the U.S., call 1-703-610-0260) or use the enclosed form to join today!

Specialized Information PublishersAssociation Mission StatementThe Specialized Information Publishers Association is the internationaltrade association dedicated to advancing the interests of for-profit subscription newsletter publishers and specialized information services.

The mission of the Specialized Information Publishers Association is toserve member newsletter and other specialized information publishersworldwide through education, training, networking and advocacy to foster growth, profitability and professional excellence.

Great Ideas. Greater Profits.

N e w s l e t t e r s

D i r e c t o r i e s

O n l i n e P u b l i c a t i o n s

L o o s e l e a f s

D a t a b a s e S e r v i c e s

C o n f e r e n c e s

Join the leading organization that helps specialized-information

publishers grow and prosper in today's fast-paced media environment.

Great Ideas. Greater Profits.SIPA keeps you on top of what's new and what'sworking in specialized, for-profit publishing

Members get a constant flow ofnews about successful marketing,content and new-product development techniques.

Owners, executives, marketers, editors,webmasters, and customer-servicestaff from specialized information publishing companies worldwide learnwhat’s working—and what’s not—atSIPA’s must-attend conferences andworkshops. From small-group roundtables to roll-up-your-sleevesmeetings, and from off-the-record large publishers meetings to relaxed parties,you’ll make profitable connectionsthrough your membership in SIPA.

Rev up your team’s enthusiasm andbrush up on new techniques when youattend SIPA’s variety of education andtraining programs scheduled throughout the year. Whether you’re anew professional or seasoned

publisher, SIPA has the session foryou. You’ll get real-world advice fromthe field’s top experts to help you…

• Break into online publishing• Boost direct-mail response rates• Increase renewals• Learn what's working in Internet

marketing• Discover the hottest new product

strategies

Above all, your SIPA membershipdelivers a high ROI: You receiveactionable ideas you can take to thebank, plus you save on all conferencefees, legal consulting, and practicalreports that address all your challenges.

SIPA keeps you in touch with the latest

trends, technology, strategies and tactics to help build your

business. As a member, you get a constant flow of practical,

hands-on insights from colleagues facing the same challenges

and opportunities you face every day.

Bringing people and ideas together

Our members range from start-up entrepreneurs and smallcompanies with one or two publications, to firms with hundreds of employees and tens of millions of dollars inannual sales.

“This was a great conference – my

favorite. The people are great

and willing to share their

experiences, what’s working and

what’s not. My biggest problem

was to choose which sessions to

attend when there were so many

interesting/relevant ones!”

Wayne Cooper, Greenhaven Partners,Greenwich, CT

“The return on investment I’ve

realized from SIPA over the years

is HUGE. In fact, 10 of the dozen

or so acquisitions I’ve done began

over dinner with another

newsletter publisher I met at a

SIPA function. The networking

opportunity SIPA provides has

generated several million dollars

in revenue that otherwise would

have passed us by.”

Robert Williford, President, EB Practice LLC, Alpharetta, GA

8201 Greensboro Drive, Suite 300, McLean, VA 22102

Toll-Free Voice: 1-800-356-9302 • Voice: 1-703-610-0260 • Fax: 703-610-9005

e-mail: [email protected] • Web: www.sipaonline.com

Discover how your business can benefit from SIPA membership. Call toll-FREE 1-800-356-9302 (outside the U.S., call 1-703-610-0260) or use the enclosed form to join today!

Specialized Information PublishersAssociation Mission StatementThe Specialized Information Publishers Association is the internationaltrade association dedicated to advancing the interests of for-profit subscription newsletter publishers and specialized information services.

The mission of the Specialized Information Publishers Association is toserve member newsletter and other specialized information publishersworldwide through education, training, networking and advocacy to foster growth, profitability and professional excellence.



20

SIPA Hotline

ting a lot of support from moviemakers, the music indus-try and other creative fields.

Meanwhile, the Internet search giant Google, whichsome book publishers have sued over its Google LibraryProject, has argued that the project is not a copyrightviolation because it doesn’t provide complete texts ofthe books it copies. It makes only a page or a snippet ofeach book available. Some publishers are concernedthat Google scans entire books into the database even

though it gives searchers only small parts.

Members with questions about copyright law are entitledto assistance at no charge to the member through SIPA’slegal counseling program. The program provides for up to12 hours of legal advice annually in the areas of pre-publi-cation counseling, marketing-related counseling, copyrightcounseling and freedom-of-information counseling. ContactChad Bowman ([email protected]) or Tom Curley([email protected]) at Levine Sullivan Koch & Schulz,L.L.P., 1050 Seventeenth Street, N.W., Suite 800,Washington, DC 20036 (202)508-1100.

Judgecontinued from cover

Sept. 19: New York Chapter Meeting, "InternetStrategy For Publishers," featuring Don Nicholas,managing director of the Mequoda Group and leader of a17-person team that developed the Mequoda Method, arevolutionary new system for turning a special-interestmedia brand into a multimillion-dollar niche mediaempire. The meeting will be held at Abigael’s onBroadway, 1407 Broadway (between 38th and 39thstreets), New York. It starts with networking from noonto 12:30 p.m., lunch from 12:30-2:00 p.m. and the presen-tation from 2:00-4:00 p.m. Registration is $39/person forSIPA members and $49 for non-members. Register bycalling Kati Fritz at (703)610-0260 or (800)356-9302 or bye-mail to [email protected].

Dec. 6-8: 23rd Mid-Year Marketing Conference,Caesars Palace, Las Vegas, "Taming the eCommerceFrontier: SEM, Conversion and Analytics to DriveProfits." The meeting will focus on the latest in e-market-ing, e-publishing and boosting e-commerce profits. It willaddress the three biggest Web challenges: (1) develop-ing and improving sites; (2) driving traffic and (3) con-verting sales. Register before Nov. 8 and save $100 perperson. The cost for SIPA members is $599 for the firstregistrant ($699 after Nov. 8) and $499 for each addition-al registrant ($599 after Nov. 8). Non-members pay $799per person ($899 after Nov. 8). To register or for moreinformation, call SIPA at (703)610-0260 or (800)356-9302,or check out www.Newsletters.org/Vegas.

Mark your calendar for theseupcoming SIPA meetings!

Notes In The News

SIPA Directory Entries Deadline Extended. SIPA mem-bers who want to get a free copy of the association’s "2007Membership Directory & Buyer’s Guide" have an additionalweek to fill out and submit the information form we mailedrecently. Completion of the form, which asks for essentialcompany contact and product information, is required for afree copy of the directory. The deadline for submission of theforms to the SIPA office has been extended to Sept. 15, a weeklater than the original Sept. 8 deadline. The directory, whichwill be published later this year, costs members who don’tcomplete the forms $39; non-members pay $250. Fax yourcompleted forms to (703)610-9005 or mail them to SIPA, 8201Greensboro Drive, Suite 300, McLean, VA 22102.

Brady Named Government And Legal Affairs Chair.Robert Brady, president of Business & Legal Reports, Inc., hasbeen named chair of SIPA’s Government and Legal AffairsCommittee. He succeeds Richard Ossoff, president and pub-lisher of Strafford Publications, Inc. Brady chaired his firstcommittee meeting Aug. 30.

People On The Move. Strategic Fulfillment Group of BigSandy, TX, has hired Pamala Bronnum as the company’s newclient reporting manager. Bronnum has 10 years of marketingexperience, in addition to experience in software and networksupport, database management, accounting and humanresources. In her new position at SFG she will focus on reportand process documentation, month-end client reconciliationsand documentation of client service processes and proce-dures. She also has served as the senior administrative assis-tant to the provost at the University of Texas in Tyler. SFG, anew SIPA member, offers fulfillment capabilities with a fullspectrum of subscription, catalog, continuity and product ful-fillment, along with database management, list processing andcall center and lettershop services. It is the fulfillment divi-sion of Dynamic Resource Group, a family-owned businessheadquartered in Berne, IN.

3H OTLI N E

8201 Greensboro Drive, Suite 300McLean,Virginia 22102703.610.0260 1.800.356.9302 fax 703.610.9005www.newsletters.org

v Printed on Recycled PaperPublished biweekly as a service to mem-bers. ISSN: 0749-1255 © 2006Specialized Information PublishersAssociation.

I n T h i s I s s u e

2 Judge Rejects Company's Request For Identity Of Tipster In Copyright Case

3 Thompson PublishingGroup Acquires Atlanta-Based AHC

4 Learn To AcceptCriticism

5 New M. Lee SmithStructure ReflectsMarket Orientation

6 Matrix Helps ExpandRelationships

7 Web Buyers Are Different — Market ToThem As Such

8 Notes In The News

8 Harry's List

8 Publishers In The News

Judge Rejects Company’s Request ForIdentity Of Tipster In Copyright Case

A District of Columbia judge quashed asubpoena seeking that identification in acourt case that began with a tip via theInternet about alleged copyright infringe-ment of computer software.

The ruling is important because it pro-vides a measure of protection for tipsterswho report allegations of copyright piracy.Specialized-information publishers, as withcomputer software companies, sometimesrely on such sources in detecting suspectedcopyright abuse.

In 2005, SIIA received a report claimingthat a Virginia defense contractor was usingunlicensed software. SIIA, a Washington-based trade group representing softwarecompanies, received the tip through anInternet program that allows individuals toconfidentially report instances of suspectedsoftware piracy to the association. SIIA thencontacted the defense contractor, whichdenied any wrongdoing.

The company requested that SIIA identifythe source of the allegation against it, butSIIA declined to do so because it promisesconfidentiality to those who report suspect-ed infringement. Ultimately, no copyrightclaim was pursued against the company andSIIA made no determination that the compa-ny had acted improperly.

The defense contractor, however, filed adefamation suit in the District of ColumbiaSuperior Court against the individual whomade the allegation to SIIA. Because theindividual’s name is unknown to the compa-ny, it filed suit naming "John Doe" as thedefendant and served a subpoena on SIIAdemanding that it surrender John Doe’s

identity. SIIA was not named as a defendant.In a decision issued late last month, the

trial judge in the defamation case quashedthe subpoena issued to SIIA and ruled thatthe trade association could continue tokeep the tipster’s name confidential.

The court emphasized that the defensecontractor was not automatically entitled tothe informant’s name simply because it hadfiled a defamation action. On the contrary,the court held that the company had tomake a threshold showing that it might ulti-mately prevail in its defamation suit beforeit would be appropriate for the court toenforce a subpoena seeking SIIA’s confiden-tial source.

Applying this standard, the court conclud-ed that the company had failed to show, asit must to potentially prevail in its lawsuit,that it had suffered some harm as a result ofthe allegation that it may have engaged incopyright infringement. The court notedthat the infringement allegation was notpublicized and that no copyright claim wasultimately pursued against the company.

The court also held that the defense con-tractor failed to exhaust other alternativesfor learning the tipster’s identity, such asinterviewing its own employees.

In other copyright-related news, HouseJudiciary Chairman James Sensenbrenner Jr.(R-WI) has introduced federal legislationthat deals with criminal copyright penaltiesand tweaks to civil copyright law. If theselaws go through, they would go a long waytoward making sure people understand theimportance of copyright. The bills are get-

Specialized-information publishers who rely on copyright-violation whistle-blowers

to inform them of illegal copying got some good news recently when a judge reject-

ed a company’s request to force the SIIA to identify a source alleged such copying.

Judge continued on page 3

HotlineS p e c i a l i z e d


P u b l i s h e r s

A s s o c i a t i o n



V O L U M E 3 0 , N U M B E R 1 8 | S E P T E M B E R 1 1 , 2 0 0 6



21

Memorandum From Counsel

M e m o r a n d u m F r o m C o u n s e l

or service.” But this concise formulation in some waysraises more questions than it purports to answer.

For example, many e-mails include a combination ofadvertising and other content, including editorial con-tent. What is an e-mail's “primary purpose” when itcontains a mix of such content? In response to this andother questions raised by marketers, the FTC hasattempted to provide some further definitional guid-ance, although it bears emphasis that the new regula-tions themselves are not free from ambiguity.

Messages Categorized The regulations adopted by the FTC essentially place e-mail messages in four broad categories:

1. purely marketing messages, 2. purely transactional or relationship messages, 3. messages with both marketing content and trans-

actional content, and 4. messages with both marketing and non-transac-

tional content such as editorial content.

As would be expected, the FTC's regulations state thate-mails consisting only of marketing content (categoryone) are subject to the requirements of the act. Suchmessages include the archetypical e-mail ads for loans,pharmaceuticals, “business opportunities” and othercommercial products thatfill computer inboxesevery day.

As for examples in thepublishing world, the reg-ulations suggest that theFTC likely will take theposition that such com-mon practices as sub-scription promotions sentto former subscribers (or“expires”) and e-mail adsfor an upcoming telecon-ference or for a new direc-tory, sent either to existing subscribers or to prospects,will constitute category-one marketing content subjectto the act.

As would also be expected, the FTC's rules concludethat the requirements of the act generally do not applyto messages that include purely transactional or rela-tionship content (category two). For example, an e-mailinvoice, receipt or account statement sent to a sub-scriber regarding an ongoing newsletter subscription —where such an e-mail contains no marketing contentwhatsoever — would be a transactional message thatrelates to an existing commercial or other relationship

and, thus, such an e-mail should not be deemed to be asolicitation, according to the FTC.

Effect Of Marketing Content Publishers should be wary of a potential pitfall, howev-er. If a transactional message includes any advertisingor marketing content, it may be considered a “dual-pur-pose” message falling under category three (i.e., mes-sages with both marketing content and transactionalcontent), rather than categorized as a purely transac-tional message.

Such marketing content may be no more than a link toa Website at the bottom of an account statement orinvoice, according to the FTC's new rules: “[A]n e-mailmessage's reference or hyperlink to the address of aWebsite that is operated for a commercial purpose is‘commercial' content under the act.”

This third category of e-mail message thus wouldappear to encompass messages such as e-mail invoices,receipts or account statements that also include someadvertising or marketing content, be it a description ofother products, a link to a commercial Website or ananalogous promotion. For many publishers, renewalnotices sent to current subscribers potentially representthe most important type of e-mail in this category.

Renewal Notices According to the FTC regulation, renewal notices aredual purpose messages if they include both notice “thata recipient's periodical subscription is about to expire(which would refer to transactional or relationship con-tent)” and “a sales pitch to renew the subscription,”which the FTC considers to be commercial marketingcontent.

In comments explaining the rule, the FTC acknowl-edged that the distinction between a notice of expira-tion and a solicitation for renewal is something of a finepoint, but it nevertheless emphasized this distinction.“Although CAN-SPAM provides that a notice about sub-scription status is transactional or relationship content,it does not establish that an offer to renew the subscrip-tion constitutes transactional or relationship content,”the FTC wrote. “As a result, the act itself dictates thisnarrow distinction.”

E-mails deemed to have a dual commercial/transac-tional purpose — whether due to the presence of aWebsite hyperlink or for some other reason — are notautomatically subject to the Act. Instead, such mes-sages are subject to the requirements of the CAN-SPAMAct only if either of two conditions is met: (1) the mar-keting message is referenced in the e-mail's subject lineor (2) if, in the body of the e-mail message, the advertis-ing or marketing message comes before a substantialportion of the transactional message.

L e g i s l a t i v e R o u n d u p : Several Bills Affecting Publishers Introduced In New Congress

Just months into a new session of Congress, several billsof interest to newsletter publishers have already beenintroduced. Principal among them are measures aimedat strengthening the federal Freedom of Information Act(FOIA). In addition, in the wake of recent judicial deci-sions ordering reporters to disclose their sources, twobills have been introduced to provide a federal “ShieldLaw” for journalists. Also on the legislative agenda aremeasures to combat computer spyware and to reformthe Postal Service.

Finally, just before our deadline for this issue ofMemorandum From Counsel, Sen. Gordon Smith (R-OR)introduced the Junk Fax Prevention Act of 2005, S. 714,which recognizes the “established business relation-ship” exemption to the prohibition on sending unsolicit-ed commercial faxes. The Federal CommunicationsCommission is poised to end that exemption on July 1absent federal legislation to the contrary. For more onthe new bill, see the April 18 issue of NEPA's Hotline .

FOIA Reform The Open Government Act of 2005, a measure aimed

at significantly strengthening FOIA, was introducedFebruary 16 in both the House and Senate (H.R. 867, S.394). The bill's provisions include an explicit recogni-tion of newsletter journalists, even those without priorpublishing experience, as members of the news mediafor purposes of entitlement to reduced fees for FOIArequests.

Although newsletter journalists (and publishers) areproperly treated as news media representatives underFOIA in its current form, some government agencieshave erroneously contended in recent years that thedefinition of “news media” under FOIA encompassesonly mass audience, general interest newspapers, maga-zines and television stations. Such a contention hasbeen rejected by many courts. Publishers — often withassistance from NEPA — have also successfully foughtdecisions denying them news-media status throughadministrative appeals within the relevant agency.

The Open Government Act, in further clarifying who isa member of the “news media” for FOIA purposes,makes plain that such a designation is not limited tomass circulation newspapers or television stations: “Inmaking a determination of a representative of the newsmedia,” the legislation instructs, “an agency may notdeny that status solely on the basis of the absence ofinstitutional associations of the requester, but shall con-sider the prior publication history of the requester.Prior publication history shall include books, magazineand newspaper articles, newsletters, television and

radio broadcasts and Internet publications. If therequester has no prior publication history or currentaffiliation, the agency shall consider the requester's stat-ed intent at the time the request is made to distributeinformation to a reasonably broad audience.”

Newsletters As Media Members As publishers who rely on FOIA to obtain governmentrecords are well aware, news media status under FOIAcan result in significant cost savings for certain requestsfor information. FOIA generally permits the governmentto seek reimbursement for staff search time and copyingcosts related to processing records requests. However,FOIA has special fee provisions for members of the newsmedia, who receive 100 pages of copying free perrequest and do not have to pay search fees.

The Open Government Act would also make it easierfor FOIA requesters whoare forced to sue anagency for records torecover their legal costsfrom the government, ifthe FOIA requester pre-vails in getting therecords released. In addi-tion, the bill requiresagencies to track the sta-tus of FOIA requests andprovide updated informa-tion on the status ofrequests to the public byphone or Internet.

The bill also requiresthe government to reveal

on an annual basis the volume of records being withheldpursuant to the “critical infrastructure information”exemption to FOIA created by the Homeland SecurityAct of 2002. Among open-records advocates, there is aconcern that the government may employ this exemp-tion as a pretext to deny public access to informationwhich does not implicate Homeland Security concerns.

‘Presumption Of Openness' “This reform legislation was created from the belief thatFOIA establishes a presumption of openness,” said Sen.John Cornyn (R-TX), who sponsored the OpenGovernment Act together with Sen. Patrick Leahy (D-VT). “Open government is one of the most basicrequirements of any healthy democracy. It allows for

continued on page 4

CAN SPAn-Actcontinued from cover

E-mails deemed to have

a dual commercial/

transactional purpose —

whether due to the

presence of a Website

hyperlink or for some

other reason — are not

automatically subject to

the Act.

The Open Government

Act would also make it

easier for FOIA

requesters who are

forced to sue an agency

for records to recover

their legal costs from the

government, if the FOIA

requester prevails in get-

ting the records

released.

continued on page 5

M e m o r a n d u mF r o m C o u n s e l

Published by the

Specialized Information

Publishers Association

and Levine Sullivan

Koch & Schulz, L.L.P.

FTC Tries To Clarify When E-mail Is Covered By The CAN-SPAM Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2

Legislative Roundup: Several Bills Affecting Publishers Introduced In New Congress . . . . . . . . . . . . . . . . . .Page 3

N E W S N O T E S : Appellate Court Hears Arguments In Lowry's Reports Case . . . . . . . . . . . . . . . . . . . . . . .Page 4

Media Defendants Won 60% Of Trials Held Last Year . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 4

Federal law governing e-mail marketing applies to suchpublishing-industry staples as renewal notices and“forced free trials” in some circumstances, according toregulations recently issued by the Federal TradeCommission (FTC). The regulations, which took effectMarch 28, attempt to clarify when e-mail messages are“commercial” in nature and thus subject to the CAN-SPAM Act.

This issue of Memorandum From Counsel takes a clos-er look at the new FTCregulations, which includeguidance that may be par-ticularly relevant tonewsletter publishers andspecialized-informationproviders who markettheir products by e-mail.

The CAN-SPAM Act,which took effect in 2004,sets out in broad termsthe contours of federallaw with respect to e-mailmarketing, but gives the FTC discretion to adopt addi-tional rules to implement the purpose of the act. By itsterms, the act is intended to place restrictions on e-mailmessages that are “commercial” in nature.

Accordingly, the act does not generally apply to e-mailmessages that are merely “transactional” or “relation-ship” oriented. Such messages are sent, for amongother purposes, to confirm a commercial sale that the e-mail recipient has previously entered into, or to provideperiodic account statements regarding “a subscription,

membership, account, loan or comparable ongoing com-mercial relationship involving the ongoing purchase oruse by the recipient of products or services offered bythe sender.”

‘Opt-Out' Required With respect to “commercial” e-mail messages, the Actregulates them but does not prohibit them altogether.

Generally, the CAN-SPAM Act and its implementingregulations issued by the FTC require commercial e-mailmessages to:

• include an “opt-out” mechanism, • list specific information about the sender, and • provide “clear and conspicuous” identification that

the message is an advertisement or solicitation.

The CAN-SPAM Act also includes a prohibition againstfraudulent or deceptive practices that applies withequal force to all types of e-mail, whether commercial orotherwise.

The regulations that recently took effect are anattempt by the FTC to shed light on the circumstancesin which an e-mail should be deemed to be “commer-cial” in nature, as distinct from “transactional,” and thussubject to the act's opt-out and other requirements.

The act states that an e-mail should be consideredcommercial when that e-mail's “primary purpose” is the“advertisement or promotion of a commercial product

FTC Tries To Clarify When E-mail Is Covered By The CAN-SPAM Act

I n s i d e T h i s I s s u e

J a n u a r y 2 0 0 7 V o l u m e 1 9 N u m b e r 1

continued on page 2

The regulations that

recently took effect are

an attempt by the FTC to

shed light on the circum-

stances in which an e-

mail should be deemed

to be “commercial” in

nature...



22

SIPAlert



23

Advertisements

Downloadable GraphicsGraphics are available online at www.sipaonline.com in themembers section and by request from SIPA headquarters.For a downloadable graphics package, contact SIPA at703-610-0260 or 1-800-356-9302 or email [email protected].

G r e a t I d e a s . G r e a t e r P r o f i t s .

"My participation in SIPA has been a critically important part ofmy success in specialized information publishing. I’ve pickedup so many tips that I’ve been able to put to use right away- inone case an idea for a new product that generated more than$250,000 profit in the first year. SIPA is unique as a forum fortruly OPEN sharing of ideas."

Ed Coburn, Publishing Director, Harvard HealthPublications, Harvard Medical School

Join us!www.sipaonline.com

Documents

Creative Brief for SIPA Identity - Communications Marketing Group