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A Media Lawyer's Guide to the Galaxy

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A Media Lawyer's Guide to the Galaxy 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
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