Big FTC Penalties on Google and iHeart for Deceptive Endorsements in Broadcast Commercials Mandate Care in Crafting Your Local Advertising

By |2022-12-07T13:45:25-06:00December 7th, 2022|Legal News|

All media companies, including broadcasters, webcasters, podcasters and others, need to consider carefully their advertising production after the big penalties imposed on Google and iHeart for broadcast commercials where local DJs promoted the Pixel 4 phone.  Promotions included statements that clearly implied that the announcers had used the phone, including statements that it was “my... Continue Reading…

Federal Election Commission Adopts New Online Political Ad Disclaimer Proposal

By |2022-12-07T12:16:03-06:00December 7th, 2022|Legal News|

On December 1, 2022, the Federal Election Commission (“FEC”) adopted a proposal to extend its disclaimer rules to certain types of digital advertising appearing on digital platforms in addition to websites. Before these new FEC rules become effective, they must be transmitted to the heads of both the House of Representatives and the Senate for...… Continue Reading

Next Phase-in of Audio Description Rules Begins January 1, 2023

By |2022-12-07T12:10:26-06:00December 7th, 2022|Legal News|

The Federal Communications Commission released a reminder that as of January 1, 2023, the audio description rules adopted in the Commission’s 2020 Audio Description Order will go into effect in the following designated market areas (“DMAs”): Madison Waco-Temple-Bryan Harlingen-Welasco-Brownsville-McAllen Paducah-Cape Girardeau-Harrisburg Colorado Springs-Pueblo Shreveport Syracuse Champaign and Springfield-Decatur Savannah Cedar Rapids-Waterloo-Iowa City and Dubuque The...… Continue Reading

House of Representatives Judiciary Committee to Consider American Music Fairness Act Proposing Sound Recording Performance Royalty on Over-the-Air Broadcasting

By |2022-12-06T10:03:38-06:00December 6th, 2022|Legal News|

On Wednesday, the House Judiciary Committee will be holding a “mark-up session” (see this notice of the session) where they will be considering the American Music Fairness Act which proposes to impose a sound recording performance royalty on over-the-air broadcasting.  This would be a royalty paid to SoundExchange to benefit the recording artist and copyright... Continue Reading…

Federal Election Commission Adopts New Rules for Sponsorship Disclaimers for Online Political Advertising – And to Consider Rules for Political Marketing Through Social Media Influencers 

By |2022-12-05T11:23:32-06:00December 5th, 2022|Legal News|

Last week, the Federal Election Commission (FEC) adopted new disclaimer requirements for internet-based political advertising, including the identification of the ad sponsor.  This decision resolves many of the issues that have been debated at the FEC for over a decade as to what internet content is considered a “public communication” that requires a disclosure of... Continue Reading…

This Week in Regulation for Broadcasters: November 26 to December 2 , 2022

By |2022-12-04T09:44:10-06:00December 4th, 2022|Legal News|

In a very busy week, here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The Federal Trade Commission and seven state Attorneys General announced a settlement with Google LLC... Continue Reading…

Copyright Royalty Board Announces Cost-of-Living Increase for 2023 Webcasting Royalties – Including Royalties for Broadcasters Who Simulcast Their Programming Online

By |2022-12-02T10:54:49-06:00December 2nd, 2022|Legal News|

In a Federal Register notice published today, the Copyright Royalty Board announced cost-of-living increases in the statutory royalties paid by webcasters for the public performance of sound recordings.  These are the royalties paid to SoundExchange by those making noninteractive digital transmissions of sound recordings.  This included broadcasters who simulcast their over-the-air programming on the internet... Continue Reading…

If You Offer Internet Service, Your Speech is Now Highly Regulated by the FCC

By |2022-12-01T11:23:05-06:00December 1st, 2022|Legal News|

In an order released on November 17, 2022, the FCC dictates in detail the specific words that an Internet service provider must use when communicating with its customers.  The FCC has adopted new rules requiring specific information (referred to as the broadband consumer label) to be displayed at the point of sale when offering mass-market...… Continue Reading

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