Public Relations and the Law (Part 2) Principles of Public Relations Ragas

Fair use of copyrighted material Fair use means that part of a copyrighted article may be quoted directly for non-commercial usage, but the quote must be brief Complete source attribution always must be given Fair use also allows for limited copying for criticism, comment or research (not for commercial/for-profit purposes!) The safe and smart strategy is to seek permission/get a license and/or order reprints from the publisher Don’t give a publisher an excuse to file a nuisance suit against you for republishing an article on the press room on your website

Copyright issues on the Internet Original materials in digital form are still protected by copyright Copyright holders are increasingly patrolling the Web to stop the unauthorized use of material (Ex. Las Vegas Review-Journal) 1998 Digital Millennium Copyright Act (DMCA): websites have some protection from liability for copyrighted materials posted by its users, but are required to take down infringed material after notified by the owner. If the website don’t take down the material, they are then in violation The best policy is to always seek permission – be it text, photos, video, etc. – especially if you work in PR for a commercial enterprise

Trademark law and PR Trademark: word, symbol, or slogan, used singularly or in combination, that identifies a product’s origin. Over 1 million active trademarks registered in U.S. Licensing fees must be paid for use of logos (trademarks) Trademarks are closely protected ®; be careful!

Misappropriation of personality You must seek permission and licensing fees for use of public figures (entertainers, athletes, celebrities, etc.) in publicity materials and advertising Legal term for the concept is “misappropriation of personality” Right of publicity says only public figures should have the right to cash in on their fame (even “sound alikes” and “look alikes”)

Alphabet soup of government agencies A variety of federal and state agencies regulate commercial speech (publicity materials and advertising) Federal Trade Commission (FTC) Truth in PR materials/claims Securities & Exchange Commission (SEC) Investor Relations Federal Communications Commission (FCC) Video news releases (VNRs) Food and Drug Administration (FDA) PR-related to health and drugs Equal Employment Opportunity Commission (EEOC) Employee communication

The attorney/public relations relationship Important that public relations professionals and attorneys have a good working relationship Benefits to coordination between winning in the court of law and winning in the “court of public opinion” Best practices: serve on joint committee; report to the same top executive; PR needs to know basic legal concepts and understand the legal perspective Conversations between lawyers and PR counsel can be considered attorney-client privilege if certain conditions met

Two recent rulings with particular importance for PR professionals Citizens United – 2010 Supreme Court ruling Ruling gives more power to corporations in their ability to influence elections; no cap on corporate contributions 2009 FTC Rule on Bloggers and Celebrity Endorsements Compensation must be disclosed; updated rule is an attempt to protect public