Archive | Copyright

Looking for a Job in Media Law?

By on September 18, 2013 in Copyright, FCC, First Amendment, Internet, Journalism, Privacy

jobsLooking for a job can be time consuming and frustrating.  Often the best opportunities are found through networking and word of mouth.  But what if you are a student or recent grad? Or are trying to change fields or areas of practice and you don’t have a network?  Breaking into a new field, or even trying to find new opportunities in a field you already occupy, can be challenging.  This is why the UNC Center for Media Law and Policy has created its new media law and policy Job Center.

We Bring Our Network to You

Over the years, the UNC Center for Media Law and Policy has a built up a large (and growing) network of media law and policy minded folks and they are often looking for people just like you.  From an undergraduate internship at the Brookings Institution to a director position at Harvard’s Digital Initiative our network of contacts are constantly making us aware of openings and opportunities in the field of media law and policy.  Our Job Center database brings that network to you.  For free.  Just like that.

Easy to use

Not only does our database instantly plug you into our network of contacts and opportunities it is easy to use. You can browse by job type or category or use our advanced search feature to search by location, keyword, or practice area. Looking for a fellowship? Bam. Got it: Fellowships. How about an internship? Yep, that too: Internships.  An academic teaching position? Also covered: Academic – Journalism and Academic – Law.

Wide Variety

Don’t be deceived by the few examples of categories I just offered in the previous paragraph.  There are job opportunities from almost every field even remotely under the media law and policy umbrella.  IP, Copyright, Photo Journalism, Broadcast, FTC listings, Cyber Law, Trademark—you name it there are job opportunities.  Whatever you are looking for, chances are there is something for you on our page.  Here is a list of some of my favorite recent postings:

William Smith is a 2L at the University of North Carolina School of Law

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District Court Enjoins FilmOn X

By on September 9, 2013 in Copyright, Internet

filmon_logoLast Thursday, September 5, the District Court for the District of Columbia issued a preliminary injunction against FilmOn X, a for-profit company that streams broadcasters’ content—without permission—over the Internet to subscribers. The injunction prevents FilmOn X from operating in nearly every jurisdiction in the country and serves as a major setback for the company founded by billionaire Alki David. The ruling is the latest plot twist in a drama playing out between broadcasters and companies that retransmit their content over the Internet without consent.

The District Court found the preliminary injunction warranted after concluding the plaintiffs (that is, the broadcasters who initiated the suit) would be likely to succeed in their claim that FilmOn X violated their right to perform copyrighted works publicly. The ruling is in stark contrast to a nearly identical case (WNET v. Aereo, Inc.) the Court of Appeals for the Second Circuit ruled on last April. The Second Circuit held that Aereo, a company that operates a similar service to FilmOn X, transmitted “unique copies of broadcast television programs” that are sent to single users at their direction, not to the public at large. Thus, the Court of Appeals ruled that Aereo’s service does not violate the public performance right.

FilmOn X, much like Aereo, uses “minute” antennas to capture the television signals broadcasters are required by law to transmit over-the-air for free. Once captured, the company retransmits the signals over the Internet to subscribers, who have the option of watching content live or (if using the company’s DVR service) at a later time.

By devoting a dedicated antenna to each subscriber, FilmOn X contended that it sent private transmissions over the Internet and thus did not violate the public performance right. Unlike in Aereo, however, the District Court did not find the argument persuasive.

Central to the court’s ruling was its interpretation of the “transmission clause,” located in § 101 of the Copyright Act of 1976. Under the transmission clause, a work is performed “publicly” when it is transmitted “by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.” In concluding that the transmit clause applied to FilmOn X, the court wrote:

FilmOn X transmits (i.e., communicates from mini-antenna through servers over the Internet to a user) the performance (i.e., an original over-the-air broadcast of a work copyrighted by one of the Plaintiffs) to members of the public (i.e., any person who accesses the FilmOn X service through its website or application) who receive the performance in separate places and at different times (i.e. at home at their computers or on their mobile devices). FilmOn X violates §§ 101 and 106(4) of the 1976 Act, meaning that Plaintiffs are likely to succeed on the merits of their copyright infringement claim.

Under the District Court’s ruling, FilmOn X is enjoined from operating its service in every jurisdiction excluding the Second Circuit, where the decision in Aereo serves as controlling precedent.

Many commentators believe it will ultimately be up to the Supreme Court to decide the legality of services like FilmOn X and Aereo.

We’ll keep you posted on the developments. Until then, here is the link to the District Court’s ruling.

Kevin Delaney is a 2L at the University of North Carolina School of Law and a second-year master’s student at the UNC School of Journalism and Mass Communication.

 

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Students Presenting at AEJMC Conference in August

By on May 20, 2013 in Copyright, First Amendment, Internet, Journalism

Nearly 25 percent of the media law and policy research papers accepted for presentation at the annual convention of the Association for Education in Journalism and Mass Communication (AEJMC) were written by UNC students.

Five students had six papers accepted for presentation in the Law and Policy Division at the AEJMC convention to be held in August in Washington, D.C.  All paper submissions were blind-reviewed in competition with both student and faculty-authored papers.

No other university had as many as six papers accepted in the Law and Policy Division.

These are the students and the titles of their papers:

  • Jesse Abdenour (J-School Ph.D. student):  “Documenting Fair Use: Has the Statement of Best Practices Loosened the Fair Use Reins for Documentary Filmmakers?”
  • Kevin Delaney (M.A./J.D. student): “The State of Indecency Law: A Positive and Normative Evaluation of the Fox Cases”
  • Karen McIntyre (J-School Ph.D. student): “Droned Journalism: Using Unmanned Aircraft to Gather News and When Such Use Might Invade Privacy”
  • Hysosun Kim (J-School Ph.D. student):  “New Media?  New Guidelines?  FDA Regulation of Online DTC Prescription Drug Promotion”
  • Elizabeth Woolery (J-School Ph.D. student):  “The Press, the Public, and Capital Punishment: California First Amendment Coalition and the Development of a First Amendment Right to Witness Executions”
  • Elizabeth Woolery (J-School Ph.D. student):  “When (News)gathering Isn’t Enough:  The Right to Gather Information in Public Places”

As the titles reflect, these papers present legal research on some of the most pressing and interesting legal and constitutional issues in today’s complex and evolving media environment.

Congratulations, young legal scholars!

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UNC Students Presenting Research at AEJMC Southeast Colloquium

By on February 28, 2013 in Copyright, First Amendment, Internet, Journalism, Privacy

UNC School of Journalism and Mass Communication graduate students will present 13 research papers at the AEJMC Southeast Colloquium in Tampa this week. Ph.D. student Liz Woolery, who works in our media law center, will present two papers, one of which won third place in the Law and Policy Division. Both of Liz’s papers are about the rights of journalists and others to gather news.

For this conference, papers go through a process of blind review, and then the best papers are selected to be presented at the conference. Faculty and student authors compete against one another.

This will be the first academic conference for most of the students, but they’re ready. They have polished their papers and rehearsed their presentations.

 

Accepted Law and Policy Division papers include:

“Documenting Fair Use: Has the Statement of Best Practices Loosened the Fair Use Reins for Documentary Filmmakers?” — Jesse Abdenour, first-year doctoral student

“The Advertising Regulation ‘Green Zone’: Analyzing Parallels of Commercial Speech Jurisprudence As It Might Apply to the Growing Issue of Medicinal Marijuana Advertising, Using the Denver Advertising Ban as an

Illustrative Example” — Joseph Cabosky, first-year doctoral student

“Hazelwood’s Footnote Seven” — Ryan N. Comfort, first-year master’s student

“Consumer Protection Challenges on the Social Web: How the FTC Regulates Consumer-Generated Media as Endorsements and Testimonials in Advertising” — Emily A. Graban, first-year master’s student

“Abortion Informed Consent Laws: How Have Courts Considered First Amendment Challenges?” — Jaya Mathur, first-year master’s student

“How the FTC Has Enforced Its Deception Jurisdiction in Cases Involving an Ill, and Therefore, Vulnerable Audience” — Emery Rogers, first-year master’s student

“A Decade of True Threats Decisions Since Virginia v. Black: The Digital Age Demands Supreme Court Attention to True Threats Definition and Doctrine” — Lynn Marshele Waddell, first-year master’s student

“The Press, the Public, and Capital Punishment: California First Amendment Coalition and the Development of a First Amendment Right to Witness Executions” — Elizabeth Woolery, second-year doctoral student

“When News(Gathering) Isn’t Enough: The Right to Gather Information in Public Places” — Elizabeth Woolery, second-year doctoral student

 

Accepted Newspaper and Online Division papers include:

“Three Days a Week: Has a New Production Cycle Altered The Times-Picayune’s News Coverage?” — David Bockino, first-year doctoral student

 

Accepted Open Division papers include:

“The Creepiness Factor: Explaining Conflicting Audience Attitudes toward Tailored Media Content” — Lisa Barnard, second-year doctoral student

“What Motivates People to Pass on Anti-brand Rumors Online?” — Hyosun Kim, second-year doctoral student

“What Sports Journalists Need to Know: Four Areas of Student-athlete Privacy Invasion” — Sada Reed, first-year doctoral student

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