Twentieth Annual Seminar

Friday

Nonprofit Org. MAY 4 U.S. Postage PAID Lawrence, KS 66044 2007 Permit #110

InterContinental Kansas City at the Plaza • 2007 Kansas City, Missouri A Media Lawyer’s Guide to the Galaxy 7 CLE hours (including 1 hour of ethics) Kansas & Missouri

Sponsors: The Kansas City Metropolitan Bar Association Media Law Committee, the ABA TIPS Media, Privacy and Defamation Law Committee, The University of Kansas School of Law, and the University of Kansas Continuing Education

Contributors: Media/ Professional Insurance, The Kansas City Star, First Media Insurance Specialists, Inc., and Universal Press Syndicate

www.ContinuingEd.ku.edu (keyword: law) OVERVIEW • MEDIA AND THE LAW 2007 • OVERVIEW JOIN US LODGING For years, we knew what the term media meant. The news media A block of rooms has been reserved at the InterContinental Kansas were newspapers, magazines and radio and television broadcasters. City at the Plaza, 401 Ward Parkway, Kansas City, Missouri until 5 The First Amendment protected them so that they could inform the p.m. April 2, 2007. After that date, room availability and rate cannot public. They operated with advertising support, although ethics be guaranteed. Please make your own reservations by calling 816- required that ads be separate from news. Entertainment media 756-2199. To receive the special seminar rate of $142, mention that delivered other content, such as movies. Facts were one thing, you will be attending the University of Kansas Media and the Law opinion another, and fiction still another. Now, however, the term seminar. media relates to complex phenomena. We have media convergence, participatory journalism, “infotainment” and “infomercials,” “alternative media” including blogging, file-sharing and podcasting, LOCATION & PARKING and precedent-setting disputes over copyright of digital works. The Media and the Law seminar will be presented on Friday, May 4, Meanwhile, conglomerates merge various kinds of media, while at the InterContinental Kansas City at the Plaza, 401 Ward Parkway, online publishers present multimedia blends of news, opinion, Kansas City, Missouri. advertising and entertainment. Traditional media struggle with The InterContinental Kansas City at the Plaza offers valet parking wrenching change. For example, a press institute has launched for $15 per day or self-parking for $8 per day to hotel guests. For a study to try to save the newspaper industry from “disruptive those participants commuting to the seminar, day parking at the changes that threaten its current way of doing business with no clear InterContinental is complimentary. future path.” As media change, a question is whether First Amendment protection for them may also change. This seminar brings media law KANSAS CITY ATTRACTIONS experts together with journalists, on Friday, May 4, to discuss these topics, including issues in media liability insurance: Thinking of enjoying the weekend in Kansas City after the seminar? Attractions include: • That’s Mine, This is Yours: A Fair Use Debate • • The Beginning of a Beautiful Friendship? Privacy and Technology First Fridays—The first Friday of every month, the art galleries of Intersect the Crossroads District stay open from 7 to 9 p.m. Ample parking, • Ethics—And We’ll Throw in a Free Set of Ginsu Knives! Attorney free trolley service and an abundance of restaurants are available. Advertising in the Digital Age Visit www.crossroadscommunityassociation.org • Media Mutation: A Fateful Force in Press Freedom • Country Club Plaza—Across the street from the InterContinental • Surgery on Dinosaurs: The Future of the Media Lawyer Kansas City at the Plaza, the 15-block district is one of Kansas City’s popular retail, dining and entertainment destinations. LUNCHEON SPEAKER: Visit www.countryclubplaza.com Scott Stantis • For additional information on Kansas City events, visit www.kansascity.com “Conservative Humor: Not an Oxymoron”

Scott Stantis is an editorial cartoonist for The Privacy Policy Birmingham News and creator of “Prickly City,” a KU Continuing Education does not share, sell, or rent its mailing comic strip nationally syndicated by Universal lists. You have our assurance that any information you provide will Press Syndicate. “Prickly City” offers a be held in confidence by KU Continuing Education. conservative perspective on political and social We occasionally use mailing lists that we have leased. If you events within an ongoing storyline. As starring receive unwanted communication from KUCE, it is because your character Carmen might say, “We may not be correct but we will name appears on a list we have acquired from another source. In this always be right.” case, please accept our apologies.

Program Accessibility CLE CREDIT We accommodate persons with disabilities. Please call 785-864-5823 Subject to Supreme Court Rule 803, this course has been approved by or mark the space on the registration form, and a KU Continuing the Kansas Continuing Legal Education Commission for a maximum Education representative will contact you to discuss your needs. To of 7 CLE credit hours, including 1 hour of ethics. ensure accommodation, please register at least two weeks before the The Missouri CLE Commission has approved 7 hours of start of the Media and the Law seminar. continuing legal education credit. The University of Kansas is committed to providing programs and activities to all persons, regardless of race, religion, color, national origin, ancestry, sex, age, disability, and veteran status. In addition, REGISTRATION AND FEES university policies prohibit discrimination on the basis of sexual The registration fee includes panel instruction, materials, luncheon orientation, marital status, and parental status. and refreshments. Refund and Cancellation Policy KCMBA Lawyer...... $275 A full refund of registration fees, less a $50 administrative fee, will Non-KCMBA Lawyer (registration by April 6)...... $300 be available if requested in writing and received by April 27, 2007. No Non-KCMBA Lawyer (registration after April 6)...... $350 refunds will be made after that date. A $30 fee also will be charged Journalist...... $50 for returned checks. (Please note that if you fail to cancel by the Educator...... $50 deadline and do not attend, you are still responsible for payment.) Member of the public...... $100 KU Continuing Education reserves the right to cancel the Media Full-time student...... $45 and the Law seminar and return all fees in the event of insufficient Luncheon only (available after April 6; preference will be registration. The liability of the University of Kansas is limited to given to seminar registrants)...... $40 the registration fee. The University of Kansas will not be responsible for any losses incurred by registrants, including but not limited to Vegetarian Option available. Please indicate on registration form. airline cancellation charges or hotel deposits. PROGRAM • MEDIA AND THE LAW 2007 • PROGRAM

7:30 a.m. Registration In the 1990s, ethics concerns centered on lawyers’ use of such 8:05 a.m. Welcome, Chad Milton, Chair, Media & the Law Committee, technologies as e-mail to advertise. Now, lawyers may advertise Lawyer, National Practice Leader—Media, Marsh, Kansas City, Mo. using an array of new media. Will Hornsby, author of Marketing and Seminar Moderator, Mike Kautsch, Professor, Media, Law & Policy, Legal Ethics, published by the American Bar Association, will present Kansas University School of Law, Lawrence, Kan. examples of electronic legal marketing and emerging advertising 8:15 a.m. Panel 1. That’s Mine, This Is Yours: A Fair Use Debate technologies. Issues include: Andrew Bridges, Chair, Lawyer, Winston & Strawn, San Francisco, Calif. • What ethical considerations apply to legal marketing through Fritz E. Attaway, Lawyer, Motion Picture Association of America, blogs, podcasts and such networks as YouTube.com? Inc., Washington, D.C. • What constitutes advertising on the Internet? Is it any message that Fred von Lohmann, Lawyer, Electronic Frontier Foundation, “beckons business or proposes commercial transactions”? San Francisco, Calif. • How should lawyers using electronic marketing address variations Copyright owners may claim that unauthorized digital uses of their in ethics rules across jurisdictions and provisions for record works simply cannot be defended as fair. Issues include: retention? • May the fair use defense protect copying of complete works so that • When may electronic marketing raise undue expectations about snippets may be made available through a search engine? the quality or nature of legal services? Will confidentiality issues • Is sharing of works through online social networks, such as arise if representative client lists are posted on a Web site? MySpace.com and YouTube.com, ever a fair use? 11:50 a.m. Insurance Issues • Is fair use in jeopardy because of federal prohibitions against Noon Q & A circumventing controls over copying and access to copyrighted digital 12:10 p.m. Lunch—Luncheon Address: Scott Stantis works? What are the pros and cons of the Librarian of Congress’ “Conservative Humor: Not an Oxymoron” decision to permit circumvention of controls on accessing digital works 1:30 p.m. Panel 4. Media Mutation: A Fateful Force in Press Freedom to create “compilations of portions of those works for educational use”? Mike Kautsch, Chair, Professor, University of Kansas School of Law, • Is fair use declining because it is a subjective and unpredictable Lawrence, Kan. defense? Robert Corn-Revere, Lawyer, Davis Wright Tremaine, Washington, D.C. • May a copyright owner who claims infringement show that use of Tom Goldstein, Lawyer, Akin Gump Strauss Hauer & Feld, a work was unfair because it caused merely potential, as opposed to Washington, D.C. actual, harm to the market for the work? Tom Rosenstiel, Director, Project for Excellence in Journalism, 9:05 a.m. Insurance Issues Washington, D.C. Blaine Kimrey, Chair, Lawyer, Sonnenschein Nath & Losenthal, The traditional press—especially newspapers and broadcast news Chicago, Ill. organizations—won important legal victories that enlarged First Eric L. Routman, Lawyer, Routman Law Offices, Northbrook, Ill. Amendment protections for expressive freedom. Now, traditional Paul S. White, Lawyer, Tressler Soderstrom Maloney & Priess, media are fiercely competing against, or converging with, new Los Angeles, Calif. media. May the First Amendment guarantee of press freedom evolve The ABA TIPS Media, Privacy, and Defamation Law Committee as media mutate? Issues include: will host 10-minute segments after each panel to discuss insurance • How are content, technologies and business structure of the media implications of each seminar topic. For example, would a search engine’s changing, and what could be the legal implications? unauthorized linking to proprietary material be covered by media errors • U.S. Supreme Court Justice Stevens characterized speech at issue and omissions insurance with a theft or property-related exclusion? Are in Nike v. Kasky as “a blending of commercial speech, noncommercial right of publicity claims covered when a policy includes coverage for speech and debate on an issue of public importance.” The Court invasion of privacy but excludes coverage for property-related harms? declined to review whether the First Amendment protected such And are media errors and omissions insurance appropriate for the speech from state regulation, but to what extent can this case guide attorney blogger? The TIPS committee will provide insights into a few future interpretations of press freedom? of the numerous communications-related risks in the digital realm. • Will the future of press freedom be influenced by the U.S. Supreme Insurance panelists will remain the same throughout the seminar. Court’s statement about new media in Red Lion Broadcasting Co. v. 9:15 a.m. Q & A FCC?: “… Differences in the characteristics of new media justify 9:30 a.m. Panel 2. The Beginning of a Beautiful Friendship? differences in the First Amendment standards applied to them.” Privacy and Technology Intersect 2:20 p.m. Insurance Issues Bruce Sanford, Chair, Lawyer, Baker & Hostetler, Washington, D.C. 2:30 p.m. Q & A Brad Ellis, Lawyer, Sidley Austin, Los Angeles, Calif. 2:40 p.m. Break Kevin Goering, Lawyer, Sheppard Mullin, New York, N.Y. 3:00 p.m. Panel 5. Surgery on Dinosaurs: The Future of the Media Jane Kirtley, Silha Professor of Media Ethics & Law, University of Lawyer Minnesota, Minneapolis, Minn. Michael Sullivan, Chair, Levine, Sullivan, Koch & Schulz, Digital cameras and recorders are proliferating, along with online Washington, D.C. social networks that facilitate global sharing of sensitive information Jonathan Donnellan, Senior Counsel, Hearst Corporation, New York, N.Y. and videos. In this “look, see” digital age, how may a jury decide David Kohler, Professor, Southwestern University School of Law, whether a disclosure about a privacy claimant would be “highly Los Angeles, Calif. offensive to a reasonable person”? Issues include: David Sternbach, A&E Television Networks, New York, N.Y. • Is access to information under freedom-of-information and open- There has been a general downturn in defamation suits filed in the government laws being subordinated to privacy concerns and data U.S. Media lawyers have pioneered new theories and defenses so protection laws? it is very difficult for plaintiffs’ attorneys to successfully prosecute • How may the media minimize risk of liability for invasion of defamation actions. Now, media lawyers are handling intellectual privacy claims if they use technology intrusively and disclose property claims, government subpoenas, and advertising injury embarrassing facts? suits. Issues include: • Do online and traditional media enjoy the same degree of • What does the future hold for media lawyers? protection against right of publicity claims? • How should they prepare to practice in this new environment? • When may using new technologies to conduct background • What are current and emerging core practice demands in such checks—by media companies of their employees, or by reporters of areas as trademark and copyright, theft of idea, privacy, advertising their sources—cross a legal line? injury, and transnational litigation? 10:20 a.m. Insurance Issues 3:50 p.m. Insurance Issues 10:30 a.m. Q & A 4:00 p.m. Q & A 10:40 a.m. Break 4:10 p.m. Closing Remarks 11:00 a.m. Panel 3. Ethics—And We’ll Throw in a Free Set of Ginsu 4:15 p.m. Adjourn Knives! Attorney Advertising in the Digital Age 5–7 p.m. Beer and wine reception sponsored by TIPS Media, Ron Minkoff, Chair, Lawyer, Frankfurt Kurnit Klein & Selz, New York, N.Y. Privacy, & Defamation Law Committee at the InterContinental Dawn Phillips Hertz, Of Counsel, Butzel Long, Ann Arbor, Mich. rooftop lounge Will Hornsby, Staff Counsel, American Bar Association, Chicago, Ill. Mary Ellen Roy, Lawyer, Phelps Dunbar, New Orleans, La. Media and the Law 2007 Friday • May 4, 2007 • Kansas City, Missouri InterContinental Kansas City at the Plaza

Nonprofit Org. Register now! U.S. Postage PAID “This seminar is helpful if not essential in Lawrence, KS 66044 The University of Kansas Permit #110 sharpening your understanding of cutting-edge Continuing Education media/law issues.” 1515 St. Andrews Drive Lawrence, KS 66047-1625 Robert Popper, UMKC School of Law, Kansas City, Missouri

www.ContinuingEd.ku.edu (keyword: law)

Media and the Law 2007 Friday, May 4, 2007 Please Print 1 Title (Mr., Mrs., Ms., Dr.)______Full name (First, MI, Last, Suffix) ______E-mail______Priority code (Please copy this code located above your name on the mailing label.)______Company name______Address ( o Home or o Work) ______City, State, ZIP______Daytime phone ( )______Fax ( )______o Please include my information on the participant roster. o Please do not include my information on the participant roster. Fees Preferred Means of Communication o KCMBA Lawyer...... $275 Please continue to send KUCE information by 2 o Non-KCMBA Lawyer (registration by April 6)...... $300 4 (check all that apply): o Non-KCMBA Lawyer (registration after April 6)...... $350 o Mail o E-mail o Fax o Journalist...... $50 o Please remove my name from the mailing list. o Educator...... $50 Easy Ways to Register o Member of the public...... $100 Mail Complete the registration form and o Full-time student...... $45 5 mail with payment to: o Luncheon only (available after April 6; preference will be given to The University of Kansas seminar registrants)...... $40 Continuing Education Total due $ ______Registrations o Luncheon Vegetarian Option 1515 St. Andrews Drive Lawrence, Kansas 66047-1625 Payment Phone Toll-free 877-404-KUCE (5823) o Check enclosed. Make payable to the University of Kansas. or 785-864-KUCE (5823) 3 Fax 785-864-4871 Charge to: Credit card company______TDD 800-766-3777 Card #______Exp.______Web www.ContinuingEd.ku.edu Name on card (print)______(keyword: law) o Bill company.______Special Accommodation o PO# ______If you will need special accommodation, please mark the box above, and a member of the Billing address (if different from above)______Continuing Education staff will contact you. ______AA075810/JCN070244