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Austin Newstrain, Aug e-NewsletterTEXAS PRESS Representing Texas Press Association - July 2014 Ask an Attorney: How to handle copyright infringement July BY ALICIA CALZADA Haynes and Boone, LLP 2014 Q: We live and work in a super-com- A: A company owns the copyright to removed information about the source petitive environment and that’s why I photographs, graphics, articles and any of the works, even just a byline, with the do my darndest to hire and keep such other works of authorship that are cre- intent to enable or conceal the infringe- a talented staff. Their work jumps out ated by its employees in the course of ment, they may have violated the Digi- and grabs readers and advertisers in their employment. Just as you cannot tal Millennium Copyright Act (DMCA). every issue. But now and then, we find use the copyrighted works of others Both violations have statutory damages (or are told about) content produced without permission, your competitors available under the law. by our staff in other newspapers, free (or anyone) cannot use your copy- There are several ways to proceed. sheets and in social media. We didn’t righted work without permission. If Regardless of what you do, it is worth put it there, and we didn’t give permis- they have done so, this is a violation of the time and money to consult with an sion. Any suggestions? copyright law. In addition, if they have ➤ CONTINUED ON PAGE 2 Free registration to first 15 members — APME Austin NewsTrain Associated Press Media Editors --getting ready for the next big transfor- and 8 a.m. to 4 p.m. Saturday, Aug. 23, (APME) will host a a two-day training mative changes in news. 2014 session in Austin on Friday, Aug. 22, Individuals who wish to take ad- Where: The University of Texas School and Saturday, Aug. 23. TPA and UT vantage of the free offer should email of Journalism, 300 W. Dean Keeton, School of Journalism will be paying the [email protected] with name, Austin, Texas 78712. registration fee for the first 15 members title, name of paper, address of paper, Cost: $75. (one per newspaper) who register to at- phone and email address — first come, Registration: Email mhodges@texas- tend Austin NewsTrain. The workshop first served, limit 15 registrations. All press.com sessions will include: others will pay the $75 registration fee, Hotel: By Aug. 7, reserve a room with --planning and coaching content across which includes two full days of training, a king bed for $95 or a room with two platforms, plus continental breakfast, lunch and queens for $105, plus tax, per night at --creating viral content, snacks each day. the Marriott Courtyard. The hotel is at --telling better video stories, The sessions in video storytelling and 5660 Interstate 35 Frontage Road, Aus- --developing a data state of mind, data journalism presume no previous tin, Texas 78751, about 3.7 miles from --finding the best stories in data, experience in either. Registrants do not the workshop site. --managing and surviving change, have to be a member of APME to at- What to bring: Your laptop and smart- --unleashing your watchdog with beat tend. phone for the hands-on exercises. mapping, and When: 9 a.m. to 4 p.m. Friday, Aug. 22, Austin NewsTrain, Aug. 22-23, 2014 ➤ FROM PAGE 1 can be very low, especially when com- attorney to ensure that you are taking the pared with the cost of hiring an attorney path that best fits your needs and goals. to bring the suit. I typically advise victims of infringement There are a few important points to TEXAS PRESS that the approach you take should de- remember about copyright. First, regu- pend on the outcome you desire. If you lar and systematic copyright registration E-NEWSLETTER merely want the infringing use to stop, is essential for ongoing enforcement. sometimes asking is all it takes. Unfor- Registering your copyright with the U.S. tunately a lot of people in the publish- Copyright Office is not required to gain Texas Press Association ing business, especially lower level em- the copyright, which is automatic. How- 718 W 5TH ST STE 100 ployees, have little or no understanding ever, registration prior to infringement Austin, TX 78701-2783 of copyright law. Smart publishers, and confers certain benefits, including the (512) 477-6755 phone upper management of publishing com- availability of statutory damages and at- (512) 477-6759 fax panies, should know that if all they are torney’s fees in the event you need to www.texaspress.com getting is a request to stop infringing, un- take an infringer to court. For this reason, accompanied by a demand for payment, consistent registration is the best way to 2014-2015 or worse a lawsuit, they are dodging a ensure that your work will be protected. TPA BOARD OF DIRECTORS bullet. All communications should be in The copyright office has great resources writing, and you should keep a good re- to assist with registration, which can be OFFICERS cord of them. Your request can be infor- done online. President Randy Mankin, The Eldorado mal- simply letting the publisher or editor Second, some uses without permis- Success; First Vice President Glenn Rea, The Cuero Record; Second Vice President Randy know that the use is an infringement and sion may fall under “fair use”. Fair use is Keck, The Community News; Treasurer Patrick that you won’t tolerate it. It can be also a nebulous concept, but a good example Canty, Odessa American; Chairman Greg be a more formal cease and desist letter, is a review, or critique. So if an article is Shrader, The Lufkin News either from you or your attorney. The Na- being critiqued, or a photograph has it- BOARD MEMBERS tional Press Photographers Association self become newsworthy, there may be Elected: Jeff Berger, Hondo Anvil Herald; Neice (NPPA) has a sample cease and desist a fair use defense to using the work, or Bell, New Braunfels Herald-Zeitung; Sue Brown, letter for copyright infringement on its a portion of the work, without permission Pleasanton Express; Bill Crist, Snyder Daily website. Many times a cease and desist in the context of discussion about the News; Mike Winter, The Bowie News letter will come with a demand for pay- work. However, there are many misun- Appointed: Laurie Ezzell Brown, The Canadian Record; J.D. Davidson, Paris News; Brenda ment. derstandings about fair use. Miller-Fergerson, The Pasadena Citizen; Another option is to file what’s called a Finally, it is important to realize that Hank Hargrave, The Normangee Star; Brett DMCA takedown notice. If the infringing if the work is created by a freelancer, McCormick, The Vernon Daily Record; Jim use is online, there is a law that enables Moser, Jackson County Herald-Tribune; Melissa as opposed to a staffer, that freelancer Perner, Ozona Stockman; Danny Reneau, you to contact the internet service pro- owns the copyright, unless there is a Silsbee Bee vider and have them remove the content. written agreement to the contrary. The Regional Presidents: Don Treul, Tri County All ISPs, and social media companies work is still protected by copyright—the Leader, NETPA; Jeff Blackmon, County Star- such as YouTube and Facebook have difference is that because the freelancer News, PPA; Tania French, Port Lavaca Wave, TGCPA; Lisa Davis, Wise County contact information for filing such a no- owns the copyright, the freelancer must Messenger, WTPA tice. Again, the NPPA has a step-by-step enforce and protect those rights. I’ve Regional Vice Presidents: Jessica Woodall, guide to filing a DMCA takedown notice. never met a freelancer who is happy Kilgore News Herald, NETPA; Ashlee Estlack, Sometimes filing a lawsuit is the best about a copyright violation, and so they Clarendon Enterprise, PPA; Kathy Cooke, option for stopping or otherwise dealing Rockdale Reporter, STPA; Sue Brown, will appreciate it if you let them know Pleasanton Express, TGCPA; Mindi Kimbro, with infringing activity. If you are not get- about the possible infringement. Olney Enterprise, WTPA ting the results you are looking for from Some useful links: a demand letter, you should consider Copyright office circular on Group Reg- filing a lawsuit. Copyright infringement istration of Periodicals: http://www.copy- TEXAS PRESS ASSOCIATION lawsuits must be brought in federal court right.gov/circs/circ62b.pdf Joel Allis, Periodicals Consultant and can be expensive, but if your work Copyright Office Circular on Group Fred Anders, Information Technology Director has been registered with the U.S. Copy- Registration of Daily Newspapers: Donnis Baggett, Executive Vice President right Office prior to the infringement, http://www.copyright.gov/circs/circ62a. Diane Byram, Advertising Manager you will be eligible for an award of at- pdf Stephanie Hearne, Controller / Office Manager torney’s fees and you will be eligible for NPPA Sample Cease and Desist/ De- Shawn Jones, Coordinator TexSCAN/Texas statutory damages ranging from $200 to mand letter: Display $150,000, depending on the nature of https://nppa.org/sites/default/files/ Micheal Hodges, Executive Director Ashley Kontnier, Advertising Consultant the infringement and other factors. If you cease_and_desist_sample.pdf Allison Rentfro, Publications Editor have not registered the work prior to the “Two Easy Steps for Using the DMCA Donna Shaw, Administrative Assistant infringement, you will not typically be eli- Takedown Notices to Battle Copyright In- Ed Sterling, Member Services Director gible for attorney’s fees and you will only fringement” by Carolyn E. Wright, Esq. be eligible for actual damages, which https://nppa.org/page/5617 Army Sgt. Billy Mac Brister of Army SP4 Junior B. Pack of Army PFC Ivan Don Homsley of Marine Corps LCPL - Patrick R.
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