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Legal Aspects of Media Activity Report  

by Pawel Ciecwierz

Published: October, 2019

Submission: January, 2020


We now provide you a report devoted to legal issues related to the functioning of the media—both traditional and tech-based. We discuss below some of the most important practical issues in the media business today.

The media industry is continually evolving along with the development of new technologies. The appearance of social media redefined how people communicate and impacted how journalists practise their profession. The growth of media means not only new possibilities, but also additional obligations, including for publishers. We discuss the challenges they must struggle with in the article “Rules for liability of the administrator of a website for unlawful content posted by users.”

Any critical publication on the activity of individuals or legal entities carries a risk of infringing their rights. Editors, publishers and journalists must know where the boundaries of permissible criticism lie and how to document compliance with journalistic standards. We write about this vital issue in the everyday practice of news media in the articles “When does a journalist infringe a company’s reputation?” and “Negative PR against a management board member or finance director: Does it concern the company?”

In the world of entertainment media as well, new trends are arising, particularly relating to promotion and advertising. A slice of the marketing cake previously reserved for radio and television, in the form of product placement and sponsorship, has now been quickly colonised by individual online content creators, who have won the hearts of advertisers. We suggest what to pay attention to when entering into contracts with these personalities in the article “Risks and rules when cooperating with influencers.”

Undoubtedly one of the key aspects of media activity is merchandising, including the use of trademarks, characters, presentations, images and symbols that audiences associate with a product. Revenue from this type of activity can even top the income from the original production, clearly demonstrating how important this aspect of the work of creative talent and producers can be. In the article “Protection of catchphrases from films and TV shows,” we discuss how clever, viral quotes from screen productions can be employed in other areas.

The main theme in this issue is personality rights. In the article “Use of an individual’s image in the media: A question of consent,” we explain how to safely use a person’s depiction. In turn, “Using the image of a public figure 4 in memes: Where is the boundary?” addresses the possibility of using images of celebrities or other well-known people for satirical purposes or in ordinary online publications. Finally we write about how to safely use pictures of people in large groups or collective shots (“Dissemination of a person’s image as a detail in a larger whole: Theory and practice”).

We hope you find the report interesting reading. You can download a copy of the report here.

Pawel Czajkowski, adwokat, Intellectual Property practice, Wardynski & Partners






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