Sunday, August 26, 2012

Beware of Copyrighting


When you hear the word copyrights, the initial thought that comes to mind is using something that doesn’t belong to you. Another term that is frequently used is plagiarism. There are federal copyright laws that protect an individual’s original work. When these laws are violated individuals are entitled to compensation. There have been numerous music-copyrighted cases that have been tried across the country. When plagiarism is identified and proven in court of law compensation is awarded. In other cases both parties reach a settlement agreement.

 Weinhaus & Potashnick reported that, “Michael Bolton was sued by the Isley Brothers for allegedly lifting parts from their original song of the same name and in 1991 Despite Michael Bolton and the co-author of the song’s argument that there was insufficient evidence supporting the jury’s findings, the district court found in favor of the Isley Brothers and left the largest award in history for plagiarism in the music industry intact. The Isley Brothers were awarded 5.4 million dollars, the calculation based on sixty-six percent of past and future royalties. (Also taken into account was twenty-eight percent of the past and future royalties of the album Time, Love and Tenderness as Love is a Wonderful thing is contained within that album).”
Photo taken by Shereen Williams

In a face- to- face interview with Arthur Woodard, a Wilmington, Delaware musician stated that copyrighting happen very often in the music industry. A lot of musicians don’t have the financial means to hire advocates on their behalf. However he agrees with the federal copyrighting laws that are currently in place to protect any original material.


Arthur Woodard Back Front Dwight Williams Right Deja Woodard
Photo Taken By Shereen Williams
Travis L Smith  stated,In this Case Gordon Jenkins (a song writer and singer) accused Johnny Cash of copying and reproducing a song of his. The two songs were slightly different but when set side by side, most of the lines sounded the same, with the same lyrics even. After 15 years of dispute, this case was actually settled outside of court, Jenkins sued Mr. Cash for defaming him with the song that he originally wrote. This 1968 out of court settlement approached the hundred thousand mark.

Local New Orleans Band
Phil on drums Shockly left Tony Middle Shawn to the Right
Photo Taken By Shereen Williams 

Sunday, August 19, 2012

Bloggers Rights




Do blogger have the same legal rights as journalist? Not according to one federal judge in Portland, OR. In a report by Graeme McMillan, “Judge Marco Hernandez ruled that “blogging does not, in fact, equal journalism, and that bloggers do not necessarily deserve of the moral and legal protections that ‘real’ journalists are given.”
Federal Court Building in Wilmington, Delaware Photo taken by Shereen Williams
Local bloggers were surprised to find out that there is a legal difference between the two. However, bloggers and journalists have many characteristics in common. For example, both have the right to apply for a press pass, which allows all-access into an event. This pass is needed to cover newsworthy stories. Bloggers are a part of the press and are great news sources. Attaining press passes to cover news events is really easy.  Bloggers, photographers, videographers, writers and journalists can be approved for press passes to an event. There is an application process that needs to be followed.

IFNM reported, "To obtain a press pass you will need to contact the organizers of the event approximately 6-8 weeks in advance and follow their required protocol. 
The earlier you submit the media request form, the greater your chances of obtaining accreditation (Your Press Pass / Press Credentials for the event). 
Journalists requesting media credentials must pre-register and collect their badges before entering the Press Office / Registration desk. 

You can usually find the contact online. Please visit the event organizers website and locate the contact information for the organizers press relations department. If no press contact information is listed on their website or they do not have a website, please call any number you can find which is associated with the event and ask for the individual handling media relations for the event you want to cover.”

In a face-to-face interview with a Wilmington, Delaware blogger Terica Price described her experience in recently applying for press passes for the Essence Music festival in New Orleans. “As a new blogger I was so excited to find out that blogger have the opportunity to apply for press credentials? I personally completed the online application that would give me complete press access at the entire Essence Music Festival. They requested detailed information concerning my blog. They was very interested in the blog they asked about the blog the name web address and the numbers of following. I completed the full media application, however the application was a day late. I assumed that the press pass was approved for all access media passes. I was sadly mistaken. Once I arrived to the event my name wasn’t on any list in the building. After they looked for my name for fifteen minutes and didn’t find my name anywhere. They asked me did I have any press any press credentials from my place of employment. I reply “NO”. They explain that my registration was late, however if you had your person media credentials they would of honor the press pass. Than I asked her how do I apply for the credential she stated, at this time they only honoring credential from individuals that actual work with press companies as journalist with identification. In the future get regerstation in on time to be considered.  She stated, that I had to pay just like general public for every event.
Local Blogger Terica Price In New Orleans  Photo Taken by Shereen Williams

Then they asked me to leave the building immediately for security purposes.
Price totally understands the legal standing between a blogger and journalist. However this will not stop her from apply for media passes. In the future I complete information request with in 6-8 weeks in advance. In addition I will request written confirmation before attending any media events. However I didn’t let this situation discourage me from reporting on my blog. Since than I covered mainstream concerts, major news events and high fashion runway shows in NYC.I may not be protected by the “Shield Law” however I am a reliable new source and apart of the media ” (T. Price, Personal Communication, August 14, 2012)


New Orleans Bourbon Live Rhythm &Soul of Nola Sign  no press pass needed to enter
Photo taken by Shereen Williams



Terica Price at the Eagles Training camp
Photo taken By Shereen Williams











Saturday, August 11, 2012

Major Gag Orders


Gag orders are very important in many court cases. This order keeps the legal process confidential and safe. This does limits the role of journalist, however it should give them more creativity on how to report the story around the actual gag order. While reviewing gag orders there were high profile cases that stood out: Michael Jackson and the New York murder cases. 

In a report by Lee Ross of Fox News, Los Angeles Superior Court Judge, Michael Pastor, placed a gag order on both the prosecution and defense team of Dr. Conrad Murray against any public discussion of the ongoing case. Any breach of this order would be subject to contempt charges and other sanctions.  While the gag order did limit Dr. Murray from talking to the press, it was nearly impossible to keep the story out of national headlines. Journalists simply got more creative on their reporting of this high-profile story.


The public records indicated that "The Venezuelan judge issues gag order in high-profile murder case in New York, January 25, 2006. The Committee to Protect Journalists Condemns a Caracas judge's decision to issue a gag order prohibiting news outlets from reporting on the investigation into the 2004 murder of prosecutor Danilo Anderson.”

Future Lawyer Deja Woodard Under Gag Order
Photo taken by Shereen Williams 
According to the CPJ  “Judge Florencio Silano, acting at the request of Attorney General Isaías Rodríguez, barred the "publishing, spreading or exposition" of any information about the Anderson case. Among other things, Rodríguez said he wanted to protect the prosecution's primary witness, Giovanny Vásquez de Armas, from what he called a media campaign of harassment and psychological pressure.”


CPJ Executive Director Ann Cooper said. “This gag order is a shocking attack on press freedom and the right to information of all Venezuelan citizens, “We urge the prosecutor to withdraw his request, which actively suppresses these human rights." However this request was denied.

During a face-to-face interview with Helen Carson a retired Delawarean investigator said, “I agree that in the Anderson and Jackson cases the gag order was appropriate. Carson believes strongly in the legal system. Witness that are testifying need to be protected,so justice can be served. In early 1980’s I was involved in a high profiled fraud case and it involved several major executives from huge banking firms. The Delaware Judge ordered a temporary gag order to all legal participating parties including the defendants. I was a new investigator in my professional career. This order only lasted two weeks, however this felt like a lifetime. This case was transferred to United States District Court for the District in Delaware due to the severity of the case. However I stayed in compliance with the order. (H. Carson, personal communication, August 09, 2012).





United States District Court In Wilmington, Delaware
Photo taken by Shereen Williams 

Sunday, August 5, 2012

Anyone's Privacy can be Invaded


When someone says ”What happens in Vegas stays in Vegas” What comes to mine? The initial thoughts were confidentiality or privacy. While talking with people in my local community there was discussions surrounding major celebrities and there privacy. However the celebrity’s weren’t the only victim’s of privacy invaded many community members spoke out. However there has been local cases of emails hacking and peeping toms that videotaping through windows.


Shereen Williams at a Eagles VIP event keep every confidential No videos camera were allowed on the players to keep their plays confidential
A Middletown, Delaware 40-year-old woman states that, “My personal email was hacked and all identifying information was stolen. My money was stolen out of her account and credit cards were opened her name. I felt totally violated. When I became aware that someone was invading privacy notified the local police depart and filed charges. I became very familiar with the tort for invasion of privacy laws and identify theft laws in Delaware. I currently run a class at the local YMCA that Protect Your Identity” She stated the things I have done to protect myself are, I currently change my email passwords every three months and I place uppercase and lowercase letters in her password this cause its harder to break”.


Shereen Williams changing all passwords to emails and social web sites
The state of Delaware recognizes the common-law tort for invasion of privacy, which provides that one who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other person. Four separate claims compose this tort, and Delaware recognizes all four claims (Beckett v. Trice, C.A. No. 92C-08-029 (Del. Super. Ct. 1994).

The right of privacy is invaded by:
• Unreasonable intrusions upon the seclusion of others;
• Appropriating another name or likeness;
• Giving unreasonable publicity to another private life; or
• Using publicity that unreasonably places another in a false light before the public.

State law prohibits the unauthorized interception of wire, oral, and electronic communications, with certain specific exceptions. Anyone who willfully commits an interception, attempts to commit an interception, or procures another person to commit or attempt an interception of any wire, oral, or electronic communication may be punished with fines and imprisonment. The law further prohibits disclosing or using the communication that was obtained illegally.

Exceptions. Although there are several exceptions to this law, the exceptions most relevant to employers are the consent exception and the “ordinary course of business” exception. Under the consent exception, it is lawful to intercept a communication in which the person is a party to the communication, or one of the parties to the communication has given prior consent to the interception. To fall within the ordinary course of business exception, the employer must be a provider of a wire or electronic communications service.

Reality Star Shanda Freemen left and Shereen Williams right  discussing the rights to her promotional video be posted on a blog


Geragos a celebrity attorney, "he has helped to settle a $2.5 million lawsuit against the owner of a charter jet company that is now defunct. The company reportedly recorded Geragos and his attorney partner along with Michael Jackson as the group flew from Las Vegas to Santa Barbara. The flight occurred when Jackson was going to turn himself in because of child molestation charges. In 2010, a $20 million award to the attorneys was thrown out by an appeals court, which then offered to give the attorneys $750,000. Kabateck said that he was happy with the amount of the settlement and would strongly work to collect all of it. He also said that the amount of the settlement would hopefully send a strong message to others trying to do such a thing".

"Borer and one of his associates pled guilty to conspiracy almost two years ago in the case of videotaping Jackson and his two lawyers. Jackson was later acquitted of the 14 charges against him in the case. The lawyer for Borer, Hirschbaum, claims that Geragos and Harris did not have any damages that could be proven. Instead, the settlement helped all involve stay away from a three or four day retrial of the case. The invasion of privacy lawsuit was filed against Borer and XtraJet in November of 2003 by Geragos, Harris and Jackson. Jackson removed himself as a plaintiff in April of 2005”.

The Delaware laws are very clear when it come to invasion of privacy. In the Jackson case it proved that Mr. Jackson was truly a victim of invasion of privacy. This predator was exposed and tried and fined heavily. This case should be a model to all present to all journalists. This action will cause journalist to think and ask for permission before you posting questionable footage.