Entertainment law is a large body of laws that integrate contract law and intellectual and property law. Many individuals may not be aware that these legal issues govern every book, movie script, and television show.
Entertainment law, in other words, is an umbrella term that covers all areas of law that are associated with:
- Television;
- Film;
- Music;
- Publishing;
- Advertising;
- Radio broadcasting;
- News media; and
- The internet.
Entertainment laws govern a vast array of issues and may range from broadcasting issues to labor disputes.
What is Communications and Media?
Media laws are a body of laws that govern the regulation of communications. Communications and media laws cover many laws and issues, including:
- Constitutional law;
- Broadcasting law;
- Defamation issues;
- Privacy concerns; and
- Other related issues.
The Federal Communications Commission (FCC) regulates communications and media laws.
What Agency Regulates Television and Radio Broadcasting?
The Communications Act of 1934 established The Federal Communications Commission (FCC). The FCC is charged with regulating interstate communications and international communications by:
- Radio;
- Television;
- Wire;
- Satellite; and
- Cable.
The jurisdiction of the FCC extends to:
The 50 states;
The District of Columbia; and
United States possessions.
The communications and media industry is also regulated by the (FCC). The FCC has two primary concerns.
One of the primary concerns of the FCC is to provide stability to the communications marketplace while, in addition, facilitating the innovation that is required for the future. The FCC’s second primary concern is ensuring that television and radio programming content does not violate United States federal law standards.
Although the FCC is granted broad powers to regulate the communications industry, the FCC is not permitted to censor television or radio broadcasts unless those broadcasts depict or utter obscene or indecent language over a broadcast station.
What are the Standards for Television and Radio Broadcasting Content?
As noted above, the FCC has broad powers to regulate the communications industry. However, Title III of the Communications Act of 1934 prohibits the FCC from censoring television or radio broadcasts unless it depicts or utters obscene or indecent language over a broadcast station.
The FCC’s enforcement actions related to broadcasts of indecent or obscene materials are based on documented complaints of indecent or obscene broadcasting received from the public. The FCC’s staff reviews each complaint to determine whether a violation of the obscenity or indecency prohibition has occurred.
How Do I Make a Complaint to the FCC?
If an individual needs to make a complaint to the Federal Communications Commission based on obscene or indecent material, the FCC requests the following information:
- The details of what was depicted or said during the allegedly obscene or indecent broadcast;
- The date and time of the broadcast; and
- The call sign of the station involved.
An individual can also file a written complaint at the following address:
FCC, Enforcement Bureau
Investigations and Hearings Division
445 12th Street, SW
Washington, D.C. 20554
Another way to file a complaint is to visit the consumer complaint center on the FCC website. On this website, an individual can file complaints related to broadcasting and other communications issues, such as unwanted phone calls.
The FCC website advises the public that the FCC may not be able to resolve all individual complaints. However, the FCC may be able to provide an individual with information about the next steps they take.
It is important to note that the information provided to the FCC must be detailed enough that the FCC can determine the works and language that were actually used as well as their context. If it appears there was a violation, the FCC will conduct an investigation.
An individual’s complaint may be dismissed if the proper information is not provided.
What is Radio Piracy?
In addition to the authority discussed above, The Federal Communications Commission (FCC) has the authority to regulate devices that interfere with radio communications. Individuals must seek authorization from the FCC if they want to use or sell equipment that would broadcast on a common radio frequency or possibly interfere with a radio broadcast.
The FCC prohibits any individual from:
- Making;
- Importing;
- Selling or offering for sale; or
- Shipping any devices or home electronic equipment which fails to meet FCC regulations.
A pirate radio station, or pirate radio, is a radio station that broadcasts without a valid license. It is important to note that, in certain situations, a radio station may be considered legal where the signal is transmitted but illegal where the signal is received.
This applies especially in cases where a radio signal crosses a national boundary. In other instances, the broadcast may be classified as a pirate because of the following:
- The nature of the content;
- The transmission format, especially when it fails to transmit a station identification according to regulations; or
- The transmission power, or wattage, of the station.
Pirate radio may also be referred to as:
- Bootleg radio, which is often associated with two-way radio;
- Clandestine radio, which is often associated with heavily politically motivated operations; or
- Free radio.
What are the Applicable State and Local Laws?
Local governments and state governments can also make laws prohibiting the following:
- Use of citizens’ band radio equipment not authorized by the FCC; and
- Unauthorized operation of citizens’ band radio equipment on frequencies between 24 MHz and 35 MHz.
What about Equipment that Picks up Cell Phone Conversations?
The Federal Communications Commission has also prohibited using equipment capable of receiving transmissions in frequencies allocated to cellular radio telecommunications or cell phones. If an individual has any equipment that is picking up a cell phone conversation, for example, a baby monitor, they should report the issue to the company they bought the product from, the FCC, and any other proper local authorities.
What Should I Do if I Want to Lawfully Use Radio Communications for Commercial Broadcast Purposes?
The Federal Communications Commission provides guidelines to follow when starting a radio broadcast. In addition, an individual will have to apply for a broadcasting license to obtain FCC approval of their broadcast in addition to a radio frequency that the individual is legally entitled to use.
In certain cases, the application process may be complex. It may be helpful to consult with a lawyer who can help the individual understand any contracts or other legal paperwork they are completing and filing.
Should I Consult an Attorney if I have been Accused of Radio Piracy?
As discussed above, many different areas of law govern entertainment and the media, which also overlap with other areas of law. If you have any issues, questions, or concerns related to media or entertainment, it may be helpful to consult with an entertainment attorney.
Your attorney can advise you of your rights in the media and entertainment industry and work to protect your interests. Whether or not you should consult with an entertainment lawyer if you have been accused of radio piracy will likely depend on the action with which you are being threatened.
If you are faced with criminal charges, it is important to consult with a criminal defense attorney as soon as possible. Your attorney can advise you of your rights and what actions you should take next.
If you have been threatened with a lawsuit, it would most likely be in your best interests to consult an entertainment lawyer specializing in civil suits. Your lawyer can help you understand what you are being sued for, your available defenses, and the best course of action in your unique case.
