370 october 5_Libel and Op Ed
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Transcript of 370 october 5_Libel and Op Ed
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JOURNALISM 370 OCTOBER 5,2011
AVOIDING LAWSUITS AND WRITING AN OP ED
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BLOGS OF THE WEEK
• h@p://blogs.hbr.org/
• h@p://pewresearch.org/
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THOUGHTS ON MEDIA ADVISORY
• WriQng More Crisp • Don’t be afraid to ask quesQons – The material you’re given for a project can o^en be insufficient to complete the work.
– You have to fill those gaps. • This is an invitaQon – Your a@enQon to detail is good. – Watch going over the top.
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LET’S AVOID A LAWSUIT
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HOW CAN YOU GET SUED
• WriQng misleading press releases • Making misleading or false product/service claims
• CreaQng front groups • Insider trading • Invasion of privacy • MisrepresenQng earnings • Conspiracy
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REAL WORLD BACKGROUND I WISH I KNEW WHEN I WAS IN SCHOOL
• The key is avoiding lawsuits. • You may be legally correct. It might not ma@er.
• Lawsuits are costly…even if you win. • Waivers are your friend.
• Wri@en correspondence is your friend
• When in doubt, ask.
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Libel and DefamaQon
• Here’s how you prove it. – Statement was broadcast or published.
– You can ID who wrote it. – Actual injury occurred…that includes losing cash. – Publisher was negligent or acted with malice.
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Libel and DefamaQon
• Different proofs required for “public figures” • CorporaQons are considered public figures • Truth is defense against defamaQon charge
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FAIR COMMENT… GET OUT OF TROUBLE CARD
• Opinions are protected as long as criQcism is done with honest intenQon and a lack of malice.
• Protects criQcal comments of execuQves • Protect yourself when wriQng criQcism – Accompany opinion with facts on which it’s based. – A@ribute quoted opinion to an individual – Review context of surrounding language for defamaQon
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AVOIDING DEFAMATION SUITS
• #1 rule: Watch your language • Choose innocuous language when talking about personnel issues – We wish them well in their future endeavors.
• Avoid unfla@ering representaQons of compeQtors
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INVASION OF PRIVACY
• Employees don’t waive their right to privacy • Employee newsle@ers – Avoid anything that might embarrass employees
– Focus on organizaQon-‐related acQviQes • Photos of employees – Implied consent for “news” use, not promoQon
– Maintain photo records
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INVASION OF PRIVACY
• Use of photos/quotes in publicity or adverQsing – Need signed consent to use photos or quotes in promoQonal
materials • Media inquiries about employees
– Only provide confirmaQon of employment, Qtle and job descripQon, date of employment beginning and end
– Don’t provide address, marital status, number of kids, job performance or salary
– Serve as liaison between reporter and employee • Employee blogs
– Prohibit comments about other employees and confidenQal product informaQon
– Employee guidelines for virtual online communiQes
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COPYRIGHT LAW
• ProtecQon of “fixed” works in any “tangible medium.” Yes, this includes digital.
• Work is automaQcally copyrighted the moment it is “fixed.”
• Work can be formally copyrighted through Library of Congress, but registraQon isn’t required for protecQon
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COPYRIGHT LAW HOW TO BE SAFE
• Fair use allows you to quote part of a copyrighted arQcle, but brief enough not to harm the original work
• Social Media makes this an evolving jungle.
• When in doubt, ask.
• When in doubt, have a waiver.
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COPYRIGHT LAW HOW TO BE SAFE
• You can’t copyright ideas. • You can copyright the expression of those ideas.
• Copyright your PR content. That’s why you hire lawyers.
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COPYRIGHT LAW
• Fair use – A@ributed quoted material that is brief compared to the enQre work
– Permission required when used for promoQon. • Photography – Photographers retain ownership of their work – NegoQate use carefully
• Work for hire – When working as an employee, copyright belongs to organizaQon
• Digital material protected by copyright
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TRADEMARK
• Trademark is a word, symbol, or slogan idenQfying a product
• Trademarks are proper adjecQves • Trademarks should not be pluralized or used as verbs
• PR plays an important role in protecQng trademarks
• Unauthorized use of celebriQes is misappropriaQon of personality.
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LET’S AVOID A LAWSUIT
• You’re doing PR for Costco. • The VP has just been fired for embezzling money.
• The media calls you asking for informaQon.
• What can you tell them?
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LET’S TALK OP ED
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WHY WRITE ONE?
• Allow PR to reach opinion leaders • Op-‐ed authors are perceived as experts on the issue
• Op-‐eds are exclusives OP-‐eds are controlled media.
This is rare in media rela4ons and publicity
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WHY WRITE ONE?
• These can talk about policy. • These can promote events more blatantly.
• You’re worried the reporter will screw the story up.
OP-‐eds are controlled media.
This is rare in media rela4ons and publicity
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OP ED IDEAS
• 750 words max for an op ed. • You need to have one main idea.
• Hit it early, and don’t veer off course. • Short powerful sentences • You need facts to verify your claims.
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OP ED IDEAS
• Don’t say, “I think.” State it. – I thinks this is a bad idea. – This is a bad idea.
• Don’t send out op eds in bulk. • Do call an editor to see if a paper takes them.
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LETTER TO THE EDITOR DIFFERENCES
• They are shorter (200-‐500 words) • You react to news and should state what sparked the le@er.
• State the theme of your le@er a^er saying why you are wriQng
• A le@er to the editor is a counter punch. An Op ed can be an a@acking punch.
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OP ED A GOOD WAY TO FORMAT
What is the problem? What is your opinion on the problem?
What is your supporQng informaQon?
What is the soluQon?
Why should the reader care?
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OD ED ROOM TO BE BETTER
• Hit harder. • Short, choppy sentences. – This is wrong. – We can do be@er.
• A le@er to the editor should be a slap in the face and call to acQon.
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OP ED ROOM TO BE BETTER
• In terms of subject ma@er, think beyond your organizaQon. – We are worried about rising energy and food prices.
– Buying local saves money. – It protects jobs. – Our client helps in both areas.
• You can’t do this if you don’t follow current events.
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ASSIGNMENT UPDATE
• Your Feature was due Monday at the start of class .
• It is now due one week from today, October 12, at 5 p.m.
• So too is your op-‐ed and third reading memo. • Plan accordingly. • To help, October 12 is a working class. – Doors are open, but there is no class. – I am available via Skype at dan.farkas1 to take quesQons from 1-‐5.
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ASSIGNMENT UPDATE
• Your feature will be graded based on the class discussion we had Monday.
• Your op ed will be graded based on the class discussion we had today.
• Monday, we will review the news release and fact sheet.