Legal Hotline

Q: Occasionally, readers will post copyright protected material in the comments section of our website. Is there a way to avoid a potential copyright infringement claim in this situation? A: Yes, the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §1201, et seq., offers website operators a safe harbor from copyright infringement liability resulting from third-party…

Q: I requested access to the names, job titles, salaries, length of service and employment contracts for members of our local police department. The agency denied access to officers’ names saying that all the officers might, at some point, operate undercover. Can they do that? A: No, public employee names, job titles, salary and other…

Q: Are there any laws that protect the identity of confidential sources, and what do these laws mean for journalists in our newsroom? A: Pennsylvania’s Shield Law offers robust protection against compelled disclosure of confidential source information, and federal law offers more limited protections based on a qualified right under the First Amendment. The Pennsylvania…

Q: Which rules govern public access to arrest and search warrants and their supporting documentation, like affidavits of probable cause? A: Public access to arrest and search warrants is governed by the Pennsylvania Rules of Criminal Procedure, which must be applied consistent with the constitutional and common law presumption of access that attaches to judicial…

Q: Are there any issues associated with running ads for foreign online pharmacies in our newspaper and on our website? A: The Food and Drug Administration takes the position that buying prescription drugs online from foreign pharmacies is illegal in almost all circumstances. The FDA has also raised safety concerns about buying imported drugs online…

Q: I filed a Right-to-Know request asking to inspect records. I want to look at the records to help me decide which are most relevant, and to reduce copy fees. The agency granted my request but is charging redaction and hourly staff time fees for an employee to watch over me while I review the…

Q: A reader called to complain about a contractor ad that appeared in our paper and on our website. The ad did not contain a contractor registration number, and the reader was unhappy with the work performed. Does my news organization have liability for ads that do not contain a contractor registration number, and what…

Q: A school board created a community engagement committee to advise on matters of board transparency compliance and practices. The committee holds public meetings, but it does not allow public comment. School board policy says that committee meetings do not have to allow public comment because a quorum of the school board is not present.…