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