Matt McCormick is the Co-Managing Member with the law firm of Fletcher, Heald & Hildreth in Arlington, VA, and is the Legal Counsel to the OAB. Here is a sample of questions from members that first appeared in the OAB’s newsletter. Member stations may direct questions to Matt through the OAB at theoab@theoab.org.
TO: Oregon Association of Broadcasters
FROM: Matt McCormick and Sekoia Rogers
DATE: January 15, 2019
RE: Impact of New Federal Legalization on Advertising Hemp in Oregon
The federal government took a giant stride toward legalization of hemp in the United States with the passage of the Agriculture Improvement Act of 2018 (“the 2018 Farm Bill”).
Below is an article from Matt and the team at Fletcher, Heald & Hildreth colleague Davina Sashkin posted regarding how to deal with various FCC deadlines during the partial shutdown of the federal government. A link to the article on the thier firm’s blog, CommLawBlog.com, is below.
Shutdown Uncertainty: What Broadcasters Should Do Now
BY DAVINA SASHKIN ON JANUARY 8,
Question: Matt, I have heard that the FCC has done away with the requirement that we keep letters and emails from the public in the physical Public Inspection File at our main studio. Does that mean we can chuck those files now?
Question: We have been requested to run an ad for a tobaccoless nicotine pouch. Is this permissible?
Question: Hi, Matt. I recently heard a story about a fellow broadcaster getting sued for placing pictures on its website without obtaining the copyright owner’s permission. Where can we find photos to use on our websites without risking a lawsuit?
Question: Are any restrictions/regulations on commercial operation of drones for news gathering or commercial production that are specific to the Oregon. Has the state made any rules that piggyback with what is in place by the Feds?
Question: We received a television commercial from a local client that includes video images of fans watching a football game. A short highlight from a network college football broadcast is included in the commercial, and the actors are wearing clothing that clearly shows trademarks held by the National Football League.
Question: We are a public radio station and our question is about what copy is allowable in an underwriting message. The underwriting partner is a local casino, and they have a standard tag line that they use for all marketing. They would like to use their tag at the conclusion of the underwriting message to that promotes an upcoming music event.
Question: I heard that the FCC is updating their rules on how stations inform listeners/viewers of contest rules. What are the changes, and what exactly do I have to broadcast over the air?