Legal Issues in Public Relations PDF

Legal issues in public relations Critical considerations The internet has eliminated borders in communication and certain services. Supreme Court Justice Stephen Breyer stated in Kirtsaeng v. John Wiley & Sons, Inc. that judicial awareness can no longer stop at the border. Intellectual pro...

Legal issues in public relations Critical considerations The internet has eliminated borders in communication and certain services. Supreme Court Justice Stephen Breyer stated in Kirtsaeng v. John Wiley & Sons, Inc. that judicial awareness can no longer stop at the border. Intellectual property refers to any product of the human mind protected by law from unauthorized use. Kirtsaeng v. John Wiley & Sons, Inc. (2013) upheld the "first sale doctrine," allowing resale of copyright-protected goods legally made and sold abroad in the U.S. The ruling limits copyright holders' control after the initial sale and balances IP protection with free commerce. Critical considerations Privacy is an important area of concern. Privacy: The right to be let alone or to control access to personal information. Public relations practitioners must have judicial awareness due to issues like privacy and intellectual property. Practitioners should also consider defamation, sunshine laws, business regulations, and appropriation. The First Amendment U.S. courts protect political speech more rigorously than commercial speech. Political speech is essential to democratic self- governance, while commercial speech focuses on economic transactions and is regulated to prevent deception and protect public interests. Clear and Present Danger Doctrine: Limits First Amendment freedoms to prevent substantive evils. ○ Example: Yelling "fire" in a crowded theater. The First Amendment Other Limits on Free Speech Defamation: False communication injuring someone’s reputation. Slander: Oral false communication. Libel: Written or recorded false communication. Key Criteria for Defamation The statement must be false, harm reputation, and be communicated to others. The statement must be factual and made with fault. Public Figures vs. Private Citizens in Libel Cases Public figures must prove actual malice: a statement made with knowledge of its falsity and reckless disregard for the truth. Public figures face less protection and must tolerate more criticism than private individuals. Intellectual Property When communicating on behalf of an organization, consider who owns the information and whether you have rights to use it. Sharing intellectual property without permission or proper attribution risks legal trouble. Types of IP Copyright: Rights to reproduce, distribute, perform, display, or license original works. Trademark: A word, phrase, symbol, or design distinguishing a product or service in the marketplace. Patent: Intellectual property rights over an invention. Plagiarism: Presenting someone else’s words or ideas as one’s own. Intellectual Property Plagiarism vs. Copyright Infringement ○ Plagiarism involves misrepresentation, while copyright infringement involves using protected works without permission. Fair Use Doctrine ○ Allows limited use of copyrighted material for purposes like education, criticism, and commentary. ○ Determined by four factors: purpose and character of use, nature of the work, amount used, and effect on market value. Creative Commons Licenses ○ Enable creators to specify permissions for how their work can be used. Public information Freedom of Information Act (FOIA) and Sunshine Laws Public relations practitioners in publicly funded or government organizations must make information available to citizens under FOIA and open records laws. Most government-collected information is considered public and must be shared upon request or proactively made available, with exceptions like personnel Public information Interactive online technologies have made proactive disclosure easier. Case Example: News organizations used legal action to compel the University of Wyoming to release documents regarding the decision not to renew President Laurie Nichols’ contract in 2018.