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November 2013

Articles & Reports – Pre-Publication/Pre-Broadcast Committee

in this issue

Can I Use This Clip? A Guide to Audio/Video Use

MLRC Pre-Publication/Pre-Broadcast Committee

An editable presentation from the Pre-Publication/Pre-Broadcast Committee on the legal issues arising from the use of audio or video clips.


Publishing Photos, Images or Other Illustrations

Download PowerPoint Presentation Download Script and PDF Copy of PowerPoint Presentation  Prepared by the MLRC Pre-Publication/Pre-Broadcast Committee, June 2013 Slide 1: Publishing Photos, Images or Other Illustrations (title) Slide 2: Things to Consider If you publish or post a photo there are three things you should think about: Can you be sued for your particular…

Risks and Tips for Digital Images

Jamie Lynn Frieden, Itai Maytal, Ashley Messenger, Jennifer Peterson, and Shannon Zmud Teicher

 Download Publication I. Use of digital images A. Photographs and other visual images are “creative works” under the Copyright Act, meaning they are usually copyrightable upon creation. B. In general, you need the permission of the creator to use an image, unless an exception applies.  Simply because an image has been posted on the internet…


MLRC Social Media Project

Prepared by the Pre-Publication / Pre-Broadcast Committee September 2012 We proudly present to our fellow MLRC members a short guide to social media practices.  We do not intend to make this too long, although that is a temptation given the issues involved.  We felt it better to direct our readers to some examples of policies…

Checklist on Advertising Content

 Download Publication By Alice Neff Lucan and John C. Greiner* for the Pre-Publication/Pre-Broadcast Committee INTRODUCTION This checklist covers the major categories of publishers’ or broadcasters’ liability issues.  It does NOT address legal problems that the advertisers themselves might face.  Frequently enough, there are attempts to recruit the publishers’ or station managers’ lawyers into providing legal…

Sting Stories Checklist

How often do news directors or editors come to counsel and want a blessing to do an undercover “sting” operation to ferret out scams, predators, unscrupulous merchants or discrimination? The typical consumer story to test eyeglass prescriptions, auto mechanic service or bacteria in ice, can lead to allegations of libel, invasion of privacy, interference with…

Checklist on Identifying/Interviewing Children as Perpetrators, Victims and/or Witnesses

 Download Publication This checklist is designed to assist news personnel in appropriately identifying/interviewing children in and for news stories. This is, however, not a substitute for pre-publication or prebroadcast review by news media attorneys nor any given media’s policies and practices. It does not reflect the many variations in local and state laws. It does…

Prepublication/Prebroadcast Checklist

This checklist can be a useful field guide to spot prepublication/prebroadcast issues relating to libel, privacy, newsgathering and related topics.

Effective Use of the Fair Report Privilege

 Download Publication This article addresses some common questions that arise when considering application of the fair report privilege.

Media Liability for Breach of Promise to Maintain a Source’s Confidentiality after Cohen v. Cowles Media Co.

 Download Publication The First Amendment is not offended when generally applicable laws that do not target or single out the press are enforced against the press with incidental effects on its ability to gather and report the news, and when such laws are not used to avoid the strict requirements for establishing a libel or…

Pre-Publication / Pre-Broadcast Review Outline

Download Publication Pre-Publication/Pre-Broadcast Committee report.

Use of “Advice of Counsel” as a Defense by Reporters

 Download Publication Pre-Publication/Pre-Broadcast Committee report.


Fair Report 50-State Survey

The Fair Report Survey 50-State is a state-by-state guide to the idiosyncrasies of the fair report privilege.