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n Tennessee, stacks of a state university student newspaper were stolen the day the paper printed a story about a star basketball player's arrest for drug possession. In ICalifornia, a photojournalism student was evicted from his dorm and threatened with expulsion after photographing a group of students burglarizing a car. In New ork, a community college student governing board locked the newspaper staffers out of their office for a week during a funding dispute. On paper, student journalists have virtually the same legal rights and responsibilities professional journalists. But in reality, they face a host of added challenges. Some administrators try to exercise against student newspapers to keep controversial material from appearing. Official sources sometimes try to bar student ·oumalists' access to public meetings and public records. Even fellow students - student <1overningboards, fraternity members and others - occasionally attempt to squelch :xpression by cutting funding, firing editors and stealing newspapers when they don't · e what's being written. • The best way to prevent or combat these problems is to know your rights - and o know where to tum when these rights have been abridged. In this chapter we'll :xplore some of the major legal issues facing student journalists.

tudenl Newspaper Survival Guide, Second Edition. Rachele Kanigel. _ l2 Rachele Kanigel. Published 2012 by Blackwell Publishing Ltd.

167 School officials cannot: CHAPTER CONTENTS 1. Censor or confiscate a publication, withdraw or reduce its funding, withhold student activities fees, prohibit lawful advertising, fire an editor or adviser, "stack" a at public schools student media board, discipline staff members or take Censorship at private schools any other action that is motivated by an attempt to control, manipulate or punish past or future content .... Censorship prevention 2. Demand the right to review publications before Fighting censorship distribution .... Student government officials are subject to the same Newspaper theft First Amendment restraints as school administrators. TIPS FROM A PRO James M. Wagstaffe For example, they cannot punish a paper's staff or adviser or withdraw a publication's funds for content­ Libel based reasons. However, school officials can: CHECKLIST Newspaper theft Regulate non-content-based aspects of a publication. Red Flags: Reporter beware For example, school officials can review the financial records of student media organizations and prohibit staff Privacy hiring policies when they discriminate on the basis of race. In Canada, the Charter of Rights and Freedoms works much CHECKLIST Legal issues like the American First Amendment in protecting the righ of journalists, both professionals and students. Despite Access to information these protections, however, attempts at censorship continue Copyright law in both countries. Q&A Student Press Law Center on copyright and fair use CENSORSHIP AT PRIVATE SCHOOLS Appendix 13.A Staff copyright policy Student journalists at private colleges and universities in th United States do not enjoy the same free speech protectio - as those at public schools. The First Amendment only limi censorship by government officials or others, such as student governing board officials, who act on their behalf. CENSORSHIP AT PUBLIC SCHOOLS However, some private schools voluntarily give stude • journalists rights to free expression through written sch Every year, the Student Press Law Center in Arlington, Va., policies, which may be published in a student handboo • the leading legal resource for student journalists, fields code of conduct or other document. Your newspaper shoul dozens of complaints from students who believe their free­ know if your school has a free expression policy. Cou.m; press rights have been censored. have suggested that schools that adopt such policies Former SPLC Executive Director Mark Goodman says contractually bound to abide by them. censorship can take many forms, including: Some states, most notably California, have statutes tha. protect free expression at private schools. The California la Demanding prior approval of content by an adviser, reads, in part, "It is the intent of the Legislature that a stud publication board, administrator or others shall have the same right to exercise his or her right to fre, speech on campus as he or she enjoys when off campus." Confiscating newspapers For more information about the rights of private sch Restricting distribution of papers journalists, see the Student Press Law Center's Legal Gui for the Private School Press, available at the center's web · Cutting funding on the basis of content listed at the end of this chapter. Disciplining editors or advisers for the content of the paper. CENSORSHIP PREVENTION The First Amendment protects journalists from government censorship and more than 60 state and federal Student journalists can try to prevent censorship by buil court decisions have concluded that relationships with the campus community before probl applies to student publications at public colleges and arise. Effective strategies include: universities. As the SPLC writes in its Legal Brief on Student Press Meeting regularly with top school officials and leaders Freedom at Public Colleges: of student groups

168 CHAPTER 13 LEGAL ISSUES Publishing periodic columns, articles or editor's notes The professional media in both the United States and explaining the editorial decision-making process. Canada can also be important allies in the battle against This step is particularly important with the censorship. Journalists are usually quick to jump on a publication of controversial material. censorship story and the public scrutiny media coverage Hosting a panel discussion, open house or other public can bring may intimidate censors. Professional news event where you can educate the can1pus about press organizations may provide other kinds of assistance, such freedom in general and specifically about your as legal advice and letters of support. editorial policies. Reaching out to student groups that feel least served by NEWSPAPER THEFT the publication and soliciting their concerns, thoughts and story ideas. Maybe some fraternity brothers don't like your coverage of You can often keep censorship at bay just by opening a rowdy party. Or perhaps your college president is communication lines. embarrassed by the racy sex column that came out the day of an open house for prospective students. So they quietly remove stacks of newspaper from around campus, tossing FIGHTING CENSORSHIP them in a trash Dumpster or out-of-the-way recycling bin. Every year thousands of student newspapers disappear If you do encounter any sort of censorship, contact the under suspicious circumstances. But if a paper is free, is Student Press Law Center immediately. The center provides this theft? Campus police departments often don't see it free information, advice and legal assistance to students that way, but the Student Press Law Center says stealing and the educators who work with them. newspapers, even free ones, is a crime (see Figure 13.2). In Canada, the Canadian University Press, a cooperative "Just because a newspaper doesn't have a sales price of more than 60 student publications, offers legal advice and doesn't mean it doesn't have value," says Goodman, who istance to member newspapers; about three-quarters left the SPLC to become the Knight Chair of Scholastic of the student newspapers in the country belong to the Journalism at Kent State University. "That value can be cooperative. "In terms of censorship, student papers here measured in different ways - in the cost of printing, in have a lot of the same problems as those in the States " the advertising revenue the copies of the publication - ys Sean Patrick Sullivan, a former CUP president an'd represent." ormer editor of The Brunswickan at the University of New In several states, including Florida, Kentucky and Texas, Brunswick. individuals have been successfully prosecuted for stealing If a Canadian University Press member paper reports a "free" student newspapers. In 2005, Binghamton University nsorship problem, CUP officials typically make phone adopted a policy banning newspaper theft after two student al.ls or write letters in support, Sullivan says. "A lot of times publications were reported stolen. those situations, lobbying works. If it doesn't, we get a Stealing newspapers can be seen as an act of censorship. er involved." By taking newspapers out of circulation, thieves are

TIPS FROM A PRO James M. Wagstaffe

ames M. Wagstaffe, a San Francisco attorney who 8 Obtain public record or documentary support. Jspecializes in media law, offers this simple advice for 9 Make sure your headlines and teasers are factually ournalists who want to avoid legal trouble: accurate.

1 Be a skeptic. 10 Treat demands for correction seriously. 2 Get it right. JAMES M. WAGSTAFFEis partner and co-founder 3 Get permission. of Kerr & Wagstaffe, LLP,a San Francisco law firm • Write sensitive subiects sensitively. that specializes in First Amendment and media law. S Do not promise confidentiality lightly. He successfully defended The New Yorkermagazine Watch for an unexpected plaintiff. (If you write a story in the libel trial Masson v. New Yorker. He teaches about a teen drug addict, for example, you may constitutional law and civil procedure at Hastings inadvertently defame the teen's parent.) College of the Law and media law at San Francisco State University. Be wary of sources you yourself don't trust.

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FIGURE 13.3 Hundreds of copies of The Campus, the student newspaper at Ottawa University in Ottawa, Kansas, were stolen from the private Christion university in February 2011 when the paper published a special issue devoted to sex and relationships. The cover featured a photo of partially clod Barbie and Ken dolls in a provocative position in front of a university building. "There was a lot of controversy on Ottawa University's campus because many thought this issue did not openly emb;ace a 'Christ-centered community,"' said Donielle Jurski, who was editor-in-chief at the time. "Because we ore also a liberal arts institution, staff members responded by stating that we hove rights to artistic and ." The issue went on to win first place in special section ond illustration categories in the Kansas Associated Collegiate Press competition. The Campus, Ottawa University. Page design by Donielle Jurski, photo by Soro Humm.

the dissemination of information, opinion or display advertisements, classified ads, letters to the editor, Figure 13.3). even comments posted on your website can potentially been the victim of newspaper theft, don't just contain libelous statements. Even if the statement didn't w the Student Press Law Center's Newspaper originate with your staff, if your newspaper or website publishes it, you can be held liable. To successfully sue for libel, a person must prove the following:

_,"""',· 0 c·t fears of every journalist - professional Defamation. The statement must damage the person's being sued for libel. reputation. Any statement that says something negative · g written or printed that defames a person; about a person, group or business, causing them shame, · spoken is considered slander. Stories, disgrace or ridicule or injuring the person's livelihood, is IUIC'...... ·ues photos, captions, graphics, cartoons, potentially libelous.

CHAPTER 13 LEGAL ISSUES 171 CHECKLIST Newspaper theft

he Student Press Law Center offers these tips on • Get a dollar figure. "Free" distribution newspapers Tpreventing and handling theft of newspapers. are not free. In dealing with law enforcement officials and prosecutors, it can be very important to provide Before a theft a reasonable estimate of the monetary harm your publication has suffered as a result of the theft. • Include a price tag. In lieu of a price, include To come up with a price tag, the following costs language such as the following on your flag: "Single should be determined: l. printing costs, 2. delivery copies free." In your masthead and rate cord include costs, 3. production costs (e.g., wire/photo service additional information indicating that single copies charges, graphic art fees, telephone and postage are free to members of the school community. Also expenses, office supplies, photo supplies, etc.), indicate that multiple copies may be available for 4. special printing/production fees associated with purchase at an established price by contacting the a "rush" job should you decide to reprint the paper, newspaper's business office. The following language 5. salary for publication staff, 6.revenue that may is an example: "Because of high production costs, need to be refunded to advertisers, etc. Do your best members of the State University community are to be accurate and reasonable in your estimates, but permitted one copy per issue. Where available also don't hold back. For example, if an advertiser additional copies may be purchased with prio/ paid $2,000 to run an ad and only 50 percent of approval for 50 cents each by contacting the Student the newspapers were actually circulated, advertiser Times business office. Newspaper theft is a crime. goodwill, if not the law, suggests that you may Those who violate the single copy rule may be subject owe the advertiser a refund of $1,000. That is a to civil and criminal prosecution and/or subject to legitimate, quantifiable loss and should be included university discipline." Of course, determining the in your tally. Prepare an itemized list to submit to actual price is up to you. It's not necessary that you law enforcement officials, news media and school always collect the money. You remain free to give officials. copies away when you feel it is appropriate. • Notify campus and/or local law enforcement • Establish ties. Meet now with campus and law agencies. File a formal police report and request enforcement officials. Explain your concerns a copy. Also notify the local prosecutor's office regarding newspaper theft and the danger it poses as they will eventually be the agency responsible to your publication. Try to obtain their assurance that for determining whether a prosecutable crime they will take newspaper theft incidents seriously. Be has occurred. Be careful to note who you talk to available to answer any questions they might have and what is said. Inform officials that newspaper and to provide additional information. thieves around the country have been successfully • Be alert. In some cases, thieves have actually prosecuted. If you determine the thieves are warned a newspaper staff that they intend to government officials (public college administrators, confiscate the publication when it is distributed. Tell campus police, etc.), additional legal claims may staff that they need to report such warnings to editors also be available. For information about past immediately. Carefully record the source, nature prosecutions that you can share with "reluctant" and time of the warning. If you learn of a theft in law enforcement officials, contact the Student Press progress or have reason to believe that such action Law Center. is imminent, notify law enforcement authorities. • Launch an investigation. Unless your efforts Then, position your staff at likely theft locations to would impede police efforts, attempt to identify and take photographs of those involved. Safety dictates interview witnesses to the theft. Send a campus email that staff do not interfere with the thieves but simply or use other campus communication resources to record the criminal activity as it occurs. ask for information that may lead to the thieves' apprehension. In a few cases, professional journalism After a theft groups or interested alumni have offered modest • Get a number. Attempt to determine how many rewards for valid "tips." Carefully document all copies of the paper were stolen. witness statements.

172 CHAPTER 13 LEGAL ISSUES • Notify school officials. Contact the college remind them that there is nothing isolated or president and/or other high-ranking university prankish about newspaper theft, that yours is part officials in writing and request that they issue a of a serious and threatening trend. Additionally, the strong public statement condemning the thefts SPLC can provide you with additional information that encourages law enforcement officials in their and legal help in successfully prosecuting the theft investigation, promises to appropriately discipline of your publication. the thieves if caught and generally reaffirms the school's commitment to free speech on campus. Their refusal or agreement to do so is news. Punishing newspaper thieves • Set up a "Dumpster patrol." Search all university • Criminal prosecution. Possible charges include: trash collection sites or other likely "dumping" larceny, petty theft, criminal mischief or destruction of locations. If copies are found, call for a photographer property. Though not necessary to prosecute a theft, and the police to record the scene before removing Maryland and Colorado have a specific state law them. making the taking of a free distribution newspaper a crime. Ultimately the decision to pursue criminal • Alert local and state news media. Prepare a short charges is up to the local prosecutor. press release for distribution. As with a news story, report only what you know and how you know it. • Campus disciplinary action. Even if there is Be careful about publishing unconfirmed reports insufficient evidence or grounds for criminal about the identity or motivation of the thieves. prosecution, newspaper thieves can be punished Include information about how many copies were by campus officials for their misbehavior. While printed, the number of copies stolen, the cost to the pursuing such punishment is also up to those issuing publication, the response (or lack of response) of the discipline, student media can keep pressure on law enforcement and school officials. You may also campus officials to take appropriate action and then want to include contact information for the Student follow up on the outcome. Press Law Center to assist reporters who may want to • Civil lawsuit for damages. This type of claim obtain a national perspective of the serious problem is solely in your hands and can be a way to of newspaper theft. recover financial losses suffered by the newspaper. • Inform your readers. Publish your own story - and Depending on the amount of loss (frequently perhaps an editorial - about the theft in the next a maximum of $2,500), student media may be able issue of your publication. to pursue this claim on their own in small claims court for minimum cost and without the expense • Let us know. If you haven't done so already, of an attorney. You will need to have carefully please report the theft to the Student Press documented evidence of your losses. If small claims Law Center. The SPLC is the nation's leading court is not an option, you will probably need to hire authority on newspaper theft and the only group to an attorney. The SPLC can discuss this option with consistently track such incidents. It is very important you in more detail. that we know about yours. Law enforcement and campus officials have sometimes refused to act, Reprinted with permission of the Student Press viewing a theft as an isolated "prank." Help us Law Center .

.. _.ll'i"'tication. The statement must clearly identify a Falsity. The statement must be false. p::.c,,, ..a.... either by name or by some other designation that • -e at least some readers understand the statement is lniury. The person must prove that the defamatory \ictim. In addition, if the story involves someone statement has led to "actual injury," meaning injury to his or common name (like John Jones), it is important to her reputation, humiliation, mental anguish or financial los . r identifying information, such as an address or :nitial to make it clear that the story is about a Fault. The plaintiff must prove some degree of fault; the - - hn Jones and no others in the community. degree depends on whether the person is a private or public figure. Private individuals only have to proYe · on. The statement must be published or negligence on the part of a reporter (such as failing to •d:;z:,,-,:_ meaning it was read or heard by people other check public records). The U.S. Supreme Court has aid thor and the subject of the story. public figures, including public officials, must prO\·e

CHAPTER 13 LEGAL ISSUES 173 "actual malice" in publishing the defamation. That means and reports, even if the information turns out to be false. the reporter: To qualify for this privilege a Knew facts that would disprove the story but The information must come from an official record or published it anyway proceeding, such as a court hearing, official public b Did not check information that might have disproved a meeting or public document. story The media report must be "fair and accurate," meaning c Used obviously unreliable sources it is balanced and presented in context. d Made up a story. The source of the statement should be clearly noted in the media report. The best defense against libel is truth. If a defamatory statement is true and you can prove it, it's not libelous. The Opinion. Statements of pure opinion cannot be libelous. other defenses for libel are: But that doesn't mean phrases like "in my opinion," labeling a piece as a "review" or "commentary," or publishing . If a person to the media using a something on an opinion page will automatically protect defamatory statement about him, he can't later sue if the you from a libel charge. According to the Student Press Law statement injures his reputation. Center's Legal Brief on Libel Law, "The test is whether the expression is capable of being proven true or false. Pure Privilege. A newspaper is not liable when it publishes opinions, by their very nature, cannot be proven true or fair and accurate accounts of official public proceedings false."

Red Flags: Reporter beware Student Press Law Center

he following is a list of particularly sensitive categories 4 Negative statements that affect a person's Tand topics that, if published inaccurately, will almost ability to engage in his livelihood, business, always satisfy the "Harm to Reputatio_n" requirement for trade, profession or office. For example, a story libel. These topics should be given special attention: that accused a teacher of being erratic, disorganized, absent from the classroom for extended periods and 1 Statements that accuse or suggest that a person otherwise unable to teach was held to be libelous. As has been involved in serious sexual misconduct libel attorney and author Neil Rosini has pointed out, or is sexually promiscuous. A special problem: this is an especially broad category and lawsuits can identifying an unmarried woman as pregnant. come from unexpected sources. For example, a story that reported that a section of a new hospital was 2 Statements that associate a person with a "plagued with air conditioning problems relating to "loathsome" or socially stigmatizing disease. the design of the system" was found to have injured For example: leprosy, some mental illnesses and any the professional reputation of the building's architect sexually transmitted disease such as herpes or AIDS. even though the architect was never named. And 3 Statements that accuse another of committing a high school football coach successfully argued a crime, of being arrested, jailed or otherwise that his professional reputation was damaged when involved in criminal activity. For example, a newspaper falsely reported that he cursed and depending on the context or inferences made, it belittled his players from the sidelines, yelling such might be defamatory to falsely report that a person statements as "Come on, get your head out of your was "questioned by police." And be careful: even if &!(!!(. Play the game." The coach claimed he said, you do not flatly accuse a person of, for example, "Get your head up." committing the crime of perjury (lying while under 5 Statements that attack a person's honesty or oath), you might still invoke a red flag by reporting integrity. For example: calling a person a "liar" or that a person had answered "yes" to a question on a "thief" or stating that a person has a "selective the witness stand yesterday but had responded "no" memory." to the same question over a year ago.

174 CHAPTER 13 LEGAL ISSUES 6 Negative statements about grades or academic 10 Any negative statement about a lawyer. As one ability. A special problem: stories about 11special writer has noted, 11 lawyers, in a class by themselves, education 11 or remedial learning programs. are the most prolific libel plaintiffs in America ... . 11 7 Statements that allege racial, ethnic or religious Because lawyers do sue and do know their way to bigotry. the courthouse, all references to them should be flagged and verified. 8 Statements that accuse a person of associating with criminals, "shady characters, 11 or publicly disfavored groups. 9 Statements that question a person's creditworthiness, financial stability, or Reprinted with permission from Law of the Student Press, economic status. published by the Student Press Law Center (l 994).

Satire and Cartoons. A statement made in a publication expect privacy, such as a home. Generally, reporters that is clearly a parody or spoof cannot be libelous. This are allowed to enter privately owned public places defense also covers cartoons. such as a private school campus or a restaurant. However, private business owners can ask a If someone threatens to sue you and/or your newspaper journalist to leave if they feel someone's privacy is for libel, treat the threat seriously. Investigate the person's being violated. The three most common types of claims and if you've found you've made an error, run intrusion are: a retraction or correction as soon as possible. While a retraction or correction will not absolutely protect you from Trespass-going onto private property without a libel suit, people are far less likely to sue if you correct the owner's consent the mistake. Many states have retraction laws that limit the Secret surveillance-using hidden cameras or damages a plaintiff can win if a publication corrects the bugging equipment to surreptitiously record mistake within a specified time. If a potentially libelous information error is published on your newspaper's website, be sure to correct it there, too. Misrepresentation-using a disguise to gain access. 4 Misappropriation of name or likeness. You may not use a person's name, photograph, likeness, voice PRIVACY or endorsement in an advertisement.

Everyone has a legal right to privacy, to be left alone. Unlike The best defense against all four forms of invasion of privacy the freedom of the press, which is guaranteed in the First is consent. When getting consent, explain to the subject _.\mendment, the right to privacy nas developed over time in what you're going to use and how you plan to use it. If possible, get it in writing, making sure you seek permission a series of court cases. There are four kinds of invasion of privacy: from a person with a legal right to give it. 1 Public disclosure of private or embarrassing facts. This may include information that is: OBSCENITY A. Sufficiently private: known only to a small circle of family or friends, B. sufficiently intimate: personal Obscenity is generally more of an issue of taste than law. habits, details or history that the person doesn't Most potentially offensive content, such as profane language ordinarily reveal, C. highly offensive: the information or ideas, is not obscene; obscenity refers exclusively to would humiliate or seriously offend the average sexually explicit material. person if it were revealed about him/her. The standard test for obscenity involves three elements described by the Supreme Court in the 1973 case of Miller False light. The portrayal of a person - in words or v. California: pictures - in an inaccurate and unflattering way. False light is similar to libel but the plaintiff need not prove Whether a reasonable person, applying contemporary cajury or damage to reputation, only that the statement community standards, would find the work, taken as highly offensive. a whole, appeals to a prurient interest truSion into a person's solitude. This can occur Whether the work depicts or describes in a patently n a reporter gathers information about a person offensive way sexual conduct specifically defined as ce where that person has a reasonable right to obscene by the applicable state law, and

CHAPTER 13 LEGAL ISSUES 175 includes most private schools) must provide three different ~ CHECKLIST types of records: V Legal issues An annual statistical report of campus crime A daily campus crime log

hen writing or editing a story, ask yourself the "Timely reports" regarding crimes that present an Wfollowing questions: ongoing threat to the campus community. 1 Could any statements damage someone's Schools that fail to release this information can be reputation? If so, do you have public records or investigated by the Department of Education and fined for other credible information to back up the claim? noncompliance. It's essential that student journalists know what records 2 Do you trust the reporter's sources? If you have and meetings are public. To understand the open records doubts, confirm suspect information with other and open meetings laws that affect you, contact your state sources. or provincial newspaper publishers association or the 3 Have you inadvertently identified any person who Student Press Law Center. the writer meant to be unidentifiable? You can also go to the Reporters Committee for Freedom of the Press's website, which includes "Tapping Officials" 4 Has the reporter or photographer invaded anyone's Secrets," an online version of its 1,300-page report on eve11 privacy? state's open records and open meetings laws. The website 5 Do you have permission to use photos or graphics address is listed at the end of this chapter. taken from the Internet or other publications? 6 When writing about crime, are all potentially defamatory statements based on police records, COPYRIGHT LAW court testimony or other credible sources? Be careful of unofficial statements made by police, For college journalists, understanding copyright law is attorneys or court officials outside of a court important both as it applies to the work they create and how proceeding; these are not privileged. they use other people's work. Copyright protects the creator 7 When printing sexually explicit material, can you of an original work (music, articles, photos, graphics, etc.) justify the content journalistically? from unauthorized use of the work. Copyright is a kind of property right. In its Legal Brief on Copyright Law, the Student Press Law Center explains:

A person owns a copyright in much the same way he Whether the work, taken as a whole, lacks serious owns a car. Just as it is against the law to use or borrow literary, artistic, political or scientific value. someone else's car without the owner's permission, it is Student newspapers have successfully printed nude generally against the law to use someone's copyrighted photographs, sexually explicit descriptions and profane work without first obtaining her consent. Additionally, cartoons, without being charged with obscenity. "If the material just as no one but the automobile owner can legally sell, is not more graphic than what appears in Playboy or Penthouse, give away or change the appearance of a car, no one but it will not be considered legally obscene," says Goodman. the copyright owner, with a few exceptions, may legally Sexually explicit material is far more likely to generate transfer or alter a copyrighted work. an attempt at censorship than an obscenity charge, Goodman says, but in most cases the courts, including the To be able to copyright something, it must be original and · U.S. Supreme Court, have ruled in favor of free expression. must be "fixed in any tangible medium of expression," su as a newspaper or magazine, a book, a video, a CD-RO disk, etc. You cannot copyright a slogan, word, phrase ACCESS TO INFORMATION title. As a result, you can use a familiar advertising slo 0 like "Got Milk?" for a headline. As explained in Chapter 11, studentjournalists have the same Copyright ownership is a rather fuzzy issue for stud access as professionals (indeed, the same access as anyone) newspapers. In the professional world, the creator of a wo to public meetings and public records. However, some owns the copyright, but an employer may own the copyri sources don't know this or intentionally try to keep information of works created by employees while working in the sea from students, thinking they won't know their rights. of their employment. Professional publications gene Students frequently report being denied access to own the copyrights for staff-produced material and oft campus police records despite a federal law designed to contract for those rights when they hire a freelance writ make information about campus crime public, according to photographer, cartoonist, etc. the Student Press Law Center. Under the federal Clery Act, At student papers, it's often not clear who o any college or university that receives federal funding (that the copyright to published material. What happens if

176 CHAPTER 13 LEGAL ISSUES Q&A Student Press Law Center on copyright and fair use

Can we copy and publish material that we find Isn't it safe to reuse only 30 seconds of a song, through an online search engine like Google or only 10 percent of an article? Images? You'll hear various rules of thumb, but the Copyright Act The fact that material is available and easily copied on a itself contains no numerical or percentage "safe harbors." website does not lessen its copyright protection. Material can safely be reused - a "fair use" - if the amount The best practice is always to get consent (and if taken is limited to only what is necessary and is used in you can't, consider creating your own alternative). You a new and different way (such as a clip from a film to may be able to make a "fair use" of a limited amount illustrate a movie review) that does not detract from the of someone else's material, but it's always best to avoid economic value of the original. copying material from a professional news service like The Associated Press that offers such material for sale (unless Where can you find photos, videos and you so greatly alter the material that you transform it into documents online that are fair game to be a new work). used without permission? Start with federal government (.gov) sites like the White Does it protect you against a copyright claim House, FEMA, NASA and others. Content created if you properly credit the artwork you are by federal employees in the course of their work is copying? unprotected by copyright and can be freely reused. Also Not at all. Copyright is concerned with consent, not credit. look for materials carrying the Creative Commons (CC) Properly attributing a photo or a cartoon is ethically correct, license, a voluntary alternative to copyright. Typically, but it is not a legal defense if the creator believes that your such materials can be used in a nonprofit publication as reuse of the work infringes his copyright. long as proper attribution is given.

Can we use the logo of a business - like Pepsi Who owns the copyright in work done by or Facebook or Google - without getting student journalists? permission? Unless the work is done for a salary ("work for hire") or Yes, in connection with a news or feature story about the under a contract or an employee handbook that specifies company or the industry, like a story about the popularity ownership, the normal rule is that the creator owns the of Facebook. But you cannot use it without permission for work. And that is true even if school equipment is used. purely marketing purposes, such as putting the Facebook logo on your yearbook cover in hopes of selling more books. Reprinted with permission from the Student PressLaw Center.

photographer wants to sell photos or a writer wants to sell very, very limited concept that consists of material that A. a story first published in the student newspaper? has aged out of copyright protection, B. never was copyright If the photographer or writer is on staff, receives a salary protected (e.g., works by federal government employees in and gets direction from a supervisor, it's presumed the the course of employment, such as official White House copyright belongs to the publication, Goodman explains. If photographs) and C. has been voluntarily placed into the the person contributes to the newspaper on an occasional public domain by an express waiver of copyright." basis, makes their own assignments and is paid by the piece That means student journalists can't just copy a photo (or not at all), the individual generally owns the copyright. from a Facebook page, Flickr or another website and use it "The problem is most situations fall somewhere in the in their publications. You need to get permission from the middle," says Goodman. "The best thing is to have a written copyright owner. If you see a photo or other material that a!!reement that staff members and contributors can sign." you'd like to use, send a message to the owner, requesting e the Staff Copyright Policy at the end of this chapter. permission to reprint it. While the Internet now makes it easy to copy and use w-ork produced by others, just swiping material from the Web generally violates copyright law. "The fact that TODO mething is easily found or copied in no way indicates it is -public domain." explains Frank LoMonte, executive director 1 If your newspaper doesn't already have a relationship of the Student Press Law Center. "The public domain is a with a media law attorney, find someone who will be

CHAPTER 13 LEGAL ISSUES 177 on call for legal emergencies. Your state press The Freedom Forum is the main funder of the operations association, state newspaper publishers' association of the Newseum in Washington, D.C., the First Amendment or local newspaper may provide legal services or be Center and the Diversity Institute. It sponsors conferences able to help you find an attorney. The Student Press and educational programs about press freedom. Law Center, listed in the "To Click" section of this www.freedomforum.org chapter, will also answer media law questions. 2 Invite your media lawyer, a local media law expert or How to File a FOIA Request a law professor on campus to give a workshop to your The First Amendment Center offers an extensive guide to staff on what student journalists need to know about the Freedom of Information Act and how to file requests for the law. information. http://www.firstamendmentcenter.org//press/information/ 3 Sponsor a First Amendment event for your campus topic.aspx?topic =how_ to_ FOIA&SearchString =student. community. It's a good way to educate readers and sources (including your school's administrators), as National Coalition Against Censorship well as your own staff about press freedom. For ideas NCAC aims to educate and mobilize the community against on First Amendment programs, see the Freedom Forum acts of censorship. The coalition offers educational website listed in the "To Click" section of this chapter. resources and advocacy support to individuals and 4 Try to build relationships with officials and groups organizations responding to incidents of censorship. that might feel poorly served by your newspaper. www.ncac.org Invite leaders to meet with your editors or ask if you can visit their offices. Ask about their concerns and Open Records Legal Request Generator what they'd like to see in the paper. The SPLC has a fully automated, fill-in-the-blanks state open records law request letter generator on its website. The online service asks the person seeking records to TO READ answer a series of questions, including which records the want to request, in which state the records are located and Fishman, Stephen. The Copyright Handbook: How to to whom the request will be sent, and then creates an Protect and Use Written Works, 7th ed. Berkeley, Calif.: appropriate letter. Nolo Press, 2003. http://splc.org/legalassistance/foiletter.asp Fishman, Stephen. The Public Domain: How to Find and Use Copyright-Free Writings, Music, Art and More. Reporters Committee for Freedom of the Press Berkeley, Calif.: Nolo Press, 2004. This nonprofit organization provides free legal assistance to Newspaper Association of America Foundation. Press journalists. Its website offers many publications useful to Freedom in Practice. A Manual for Student Media journalists, including guides to electronic records, police Advisers on Responding to Censorship. Available for records, open records and meeting laws, etc. free download on the SPLC's website at http://www. www.rcfp.org splc.org/knowyourrights/legalresearch.asp?id=72 Student Press Law Center. Law of the Student Press, Student Press Law Center 2nd ed. Arlington, Va.: Stude~t Press Law Center, 1994. The Student Press Law Center is the only legal assistance agency in the United States devoted exclusively to educating high school and college journalists about the rights and responsibilities embodied in the First TO CLICK Amendment and supporting the student news media in their struggle to cover important issues free from Canadian University Press censorship. The center provides free legal advice and Canadian University Press is a national, nonprofit cooperative information as well as low-cost educational materials for owned and operated by more than 80 Canadian student student journalists on a wide variety of legal topics. In newspapers. CUP retains a lawyer to provide emergency addition, the SPLC operates a formal Attorney Referral legal advice for libel threats against member papers. Network of approximately 150 lawyers across the country www.cup.ca who are available to provide free legal representation to local students when necessary. Copyright Crash Course http://splc.org This interactive website produced by the University of Texas offers clear explanation of copyright basics. U.S. Copyright Office http://copyright.lib.utexas.edu The website of the U.S. Copyright Office lays out the basi of copyright law, explains how to register a copyright Freedom Forum answers other questions journalists and other conte • The Freedom Forum, based in Washington, D.C., is a creators may have about copyright. nonpartisan foundation that champions the First www.copyright.gov Amendment as a cornerstone of democracy.

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