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Media Management

RELATIONSHIPS BETWEEN THE FIRST AMMENDMENT OF THE US CONSTITUTION , CONGRESS AND FCC It is conflicting what if speech or press step on each other. Supreme court DECIDES on the conflict
1934 Communications Act "Public Interest, Convenience And Necessity" It does the PUBLIC GOOD make you aware of society it also deals with anything with ELECTRONICS
FCC Interpretations of 1934 Act: localism, diversity "LOCALISM" local service not national "DIVERSITY" many different voices/ideas many different owners
Conflict between 1st Ammendment right of broadcaster VS 1 Amend Right Of Public Broadcaster's Right To Profit **** Public's Right To Voice/ Hear Diversity of Ideas PUBLIC WINS!
Red Lion decision of Supreme Court Public right that viewpoint shold dominate over Broadcasters right to profit
The "PLAYERS" in Media Law and Regulations and the roles of each U.S Congress, FCC. Courts, FTC, Self Regulation
U.S Congress Legislation, Laws, 1932 Communications Act, 1984 Cable PASSES laws representation
FCC Rules, Regulation Congress Can Change It
Courts to appeal FCC deciisions, can overturn or uphold FCC decisions constitiutional merits 1st Ammendment Law
FTC Federal Trade Commission ADVERTSING
Self Regulation old NAB code. Stations agrees some certain laws. Some already dropped
Rationale for broadcast/cable regulation: Public Trust, Spectrum Scarcity. Pervasive Presence "PUBLIC TRUST national resource belongs to the people: SPECTRUM SCARCITY not enough resources for everyone to have a station. PERVASIVE PRESENCE when children probabaly will be found in audience
Rationale for Regulation: Basic Ideals: Marketplace of Ideas, Public trusteeship, diversity, localism MARKETPLACE OF IDEAS; PUBLIC TRUSTEESHIP; DIVERSITY
Rationale For Regulation: Impediments Of Ideals: Monopoly, Unfairness. General Categories of regulations to address impediments/ problems. Monopoly concentration UNFAIRNESS RETURNING FROM 1.one sided presentation of issues 2. avoidance of provocative programs 3. private censorhsip and intentional distortion of facts .
Philosophical orientations to REGULATIONS: Trusteeship Philisophy * The marketplace is imperfect. Govt. intervention is necessary to make sure the media are operating in the public interest *Airwaves are owned by the public. The govt is acting on behalf of us.
Approaches TO Regulation: Ways To Classify/ Conceptualize Media Service: Electronic Publisher, Broadcaster, Common Carrier
Copyright Performance Rights: Blanket License, Per Program License, Limited Use License 1.Blanket License permission to use all works as much as you want onair. 2.Per Program License charged for each use of work 3.Limited use license incidental music used only like in lead ins
Copyright Terms and Concepts: Public Domain, Needle Drop, Background/Foreground, Length, Profit/Nonprofit Needle drop use one song, Background listening to the whoelsong, Length usiing the entire thing Public Domain copyright has expired.
Fair Use: Major Consideration, lesser consideration 1. Purpose of the use 2. Nature of the copyrighted work 3. Amount of copyright4. Effect of Use upon Market Value 5. Degree of Exposure 6. Level of Prememditation 7. Honesty of Usee
Digital Millenium Copyright Act of 1998; Crime of Circumbvention, Relationship to Supreme Court Sony Betamax decision of 1984 Us Congress ILLEGAL for anyone to use technologies that can circumvent a copyright protections system. a way of getting around SC" Sony Betamax" decision of 1984 Radio stations on the Interent msut pay royalties to recording artsits
Radio Stations on Internet and Royalty Fees Retroactive to 1998 (.007) of a cent per song per listener about $7 per month per listener RIAA REcording Industry Association of America RIAA Sound Exchange collects the fees
Arguments Related to controversy between Fair USevs Intellectual Property Rights Silicon Valleys vs Hollywood and Music Industry Silicon Valley: Fair Use Hollywood and MI: Intellectual Property Rights RIAA pursuit of music thefy
Duopoly and Ownership Policies and Limits a situation which two radio stations in the same service (AM or FM) in the same market are licensed to a single person or entity
REGULATIONS TO ADDRESS PROBLEMS A. Monopoly 1. anti trust regulations 2. Ownership Reg 3. Diversification 4. Localism 5. Minority Ownership B. UNFAIRNESS 1.Personal Attack 2. Equal Opportunities 3. Editorials 4. Obscenity 5. Libel 6. Fraud/Lottery
Philosophical orientations to REGULATIONS: Trusteeship Philisophy Broadcasters have a monopoly on a frequency. * Broadcasters are public trustess for limited national resource. * There is no Real competition in the media: There is no Real ownership diversity
Philosophical orientations to REGULATIONS: Marketplace Philosophy *Unhindered competition inthe marketplace is better for the cinsumer than govt intervention *There is real competitionn in the media 3. Electronic media should have full 1st Ammendment Rights
Philosophical orientations to REGULATIONS: Marketplace Philosophy There should be NO ownership restrictions on electronic media "BUSINESS KNOWS BEST"
Electronic Publisher No controls, Full 1st Amen rights for publisher like in newspaper
Broadcaster trusteeship, 1st Ammendment Rights to public more important that 1st ammend rights of broadcaster
Common Carriers idea of real estate/shopping mall owner does NOTcontrol content, fixed rates for dservice 1st come 1 served.
Libel/Slander Defamation : attack upon reputation of a person Libel WRITTEN defamation Slander SPOKEN defamation
Libel/Slander False statement of a fact about a person that injures persons reputation, Does not include govt official, public figures *Much hinges oin intent
Six elements of libel 1. defamatory content 2. falsity 3. publication 4. identification 5. fault 6. harm
Equal Opportunities Rule Bradcasters may allow qualified candidate for public offoce to use facilities 2.Braodcasters REQUIRD to alllow access by candidates for Federal Office
Equal Opportunities Rule If allowing access must give equal opportunites to all candidates e.g. cost, times, etc. Where candidate is readilly identified by the audience It not EQUAL TIME rule. Covers EVERYTHING!
Equal Opportunities Rule EXEMPTIONS bonafide news events, new documentaries * broadcasters not allowed to censor candidates content * Allowing candidates access is considered public good onbligations
Public File Broadcast stations must keep documet and info available for public inspection. It includes quarterly list of program that address issues of community concern
Personal Attack Rule Broadcasters must notify person provide opportunity to respond Provide time fore free it is tied to fairness doctrine
Fairness Doctine 1. Broadcasters must seek out controversial issues of public importance 2. Must give opportunities for varying opinions on these issues(balance). across the program schedule
Fairness Doctine 3. Balance across program schedule not necesarily with in program itself 4 . News exempt Red Lion Decision Dropped by FCC in 1987 COMES up Congress wants to make it a LAW
Obscenity 3 Part Test 1. The work's dominant theme appeals to the lascivious interest s determined by the average person applying local standards. 2.The work describes sexual conduct in offensive manner
Obscenity 3 Part Test 3. The work has no redeeming social value as determined by a reasonable person
Obscenity "Average" person using contemporary standards finds that the dominant theme of material taken as a whole appeals to lustful interest in sex the content without redeeming social value as determined by "reasonable person"
Obscenity 1927 Federal law prohibited obscenity and indecency on broadcast
Broadcast Indecency Defined as content in which there is time for adults that kids can not be exposed to a certain issue on a specific time
Basic Provisions Of The 1996 Telecommunications Act 1. Congress Yielded to corporate interests VS Public GOOD 2. Sweeping changes in regulations governing electronic media in US relaxed ownership rules
Basic Provisions Of The 1996 Telecommunications Act 3. Cable related portions deregulated rates extended basic tier, somecable operators can provide local telephone service
Basic Provisions Of The 1996 Telecommunications Act Network non-duplication, Syndicated Exclusivity
Network non duplication Imported signal that ia network affiliate can NOT air a network program at same time local affiliate airs program
Syndicated Exclusivity Local station has contract with syndicator guaranteeing exclusivity, station notifies local cable systems of exclusivity, cable signals block out all incoming signals with the program
Copyright Right to ownership of personal propety product of artistic or literary endeavors
Proper form of Copyrighting a Work Copyright Year Name Copyright exists from thr INSTANT the work is published with proper notice
Primary Music License Holder BMI and ASCAP
Distinction between the music publisher/music license holder and the recording itself Who owns the music played on the recording VS when the sheet music is performed and recorded
DBS Direct Broadcast
ISP Internet Service Provider
Premium Networks HBO, Showtime
Basic Cable Networkd Fx
L.O Local Origination
Evolution Of Alternative Video/ Guerilla TV with portable video in social climate of 1960s and 1970s Portable video equipment, black and white open reel, video vs tv
Alternative video public access cable TV channels access to equipment, traininfg and distribution
Fundamental Ideas of Guerilla TV 1. liberating technology 2. active not passive tv 3. participation in democracy 4. address the problems of monopoly media
Challenge for Change FOGO Island Project Attempt by the Canadian govt in mid to late 1960s to enact change at grassroots level. They learned media can be influenced for change.
Public Access History Late 1960s/Early 1970s unique coalition of social activists, govt people, cable business people, media reofrmers. FCC requires Access channels requirement overturned by supreme court Late 70s
Penetration % cable homes in an area
Churn turnover rate of cable subscribers
Tiering packaging of program services
Return On Investment How many you put and how much in return
MUST CARRY Signals required to be on the cable sysytems contract with the city
MSO Multiple System Operator The big corporate head of an organization
Franchise the contract between the city and cable company. It is allowed because Cable is MONOPOLY uses public right of way
Microwave Import Distant Signals 1.Broadcast signals from a distant market 2. 1960s 3. Broadcasters didn't like competion 4. FCC Regulations REQUIRE Some LOCAL CONTENT ACCESS(Public, Education, Gov't, Local) Overthrown by Supreme Court OK by local city with contrac
Retransmit Over The Air Broadcast Signals 1.CATV 2. Mom&Pop operation 3. Shysters &conmen4. 1940-50s5.Rural mountainous area6. Broadcasters liked it more people watching7.FCC did not care cable it was secondary is not going to last long
1984 Cable Act 1.deregulated cable 2. cable comp supposed to police itself 3. standardized many city-cable company requirements nationally preempted many state local regulations intended to keep down cable rates intended to promote competition, ok'd PEG ACCESS in the ci
1992 Cable TV Act No exclusive franchies allowed, Reimposed "Musr Carry" Cable was re-regulated stopped trend of deregulation
Satellite Import Satellite Services 1970s HBO/WTBS Broadcasters didn't like it The Sony Betamax Case: Recording movies is going to affect the movie industry
Big Cities Franchise Wars Late 1970s Early 1980s Broadcast opposition drops Broadcast corporations start to own cable companies and satellite program services Blue Sky promise anything "Dirty Deals" over franchisng BOOM in satelite program services
The structure of Public Broadcating Structure 1. local noncommercial educational radio and tv stations licensed by FCC. 2. The corporation for Public Broadcasting is a funding mechanism 3. PBS and NPR membership corp
Alternative Media Center, NYU Interns to cable companies and cities Start access facilities spread the idea
Interns formed NFLCP National Federation Of Local Cable Programmers Renamed the Alliance for Community Media (ACM) in the 1990s.
Created by: beautiti