1,230,699 @ 10:31 pm Saturday night
FIGHT for your right to be heard. I have fought for the better part of sixteen years on this issue.
FIGHT for your right to be heard. I have fought for the better part of sixteen years on this issue.
HINGHAM TV
PO Box 117 Accord, MA 02018
www. HCAMTV.tv
(781) 836-5094
Producer Agreement and Indemnification
In support of its mission, and in accordance with federal and state regulations, HCAM-TV provides an opportunity for qualified individuals to submit live and videotaped programs for play on its cable access channel as an expression of speech protected under the First Amendment of the United States
Constitution. However, as with any speaker in a public forum, you have certain responsibilities when it comes to the content of your speech.
That is, if it is illegal for you to say or do certain things in public, then it is also illegal to say or do those same things over the station’s channels. And, because HCAM-TV does not pre-view your work, the responsibility falls completely on you to police yourself--you can't hide behind us, pretending that we have endorsed you or have made a decision to allow your program to play.
Here are some major things you may not do:
1. COPYRIGHT. You may not take other people's creations and use them unless (a) you have obtained their permission; or, (b) you've paid a license fee for
their use on a cable access channel; or, (c) the work is public domain (out of copyright).
MUSIC: If certain conditions are met, most music may be used in a tape shown on HCAM-TV The conditions are: (a) the music cannot be from a stage play and used in conjunction with a videotaped stage play performance; (b) the music must be licensed by ASCAP or BMI; (c) the music cannot be used repeatedly as a theme song to a series of programs; (d) the videotape that the music is on cannot be duplicated for commercial distribution; and, (e) as per conditions cited under the "ephemeral use" section of federal copyright law, the videotape must be either destroyed after six months or be permanently archived.
VISUAL WORKS: Most commercially-available books, magazines, newspapers, movies, television programs, plays, etc. are covered by copyright. These may not be included in your videotape, again unless you have obtained permission, paid a license fee, or they are in the public domain. Excerpts and minor use probably could be acceptable, but you must deal with this kind of use on a case-by-case basis.
2. LIBEL & SLANDER. Defamation to a person's or company's reputation either in writing (libel) or spoken (slander) could be determined grounds for a successful lawsuit. A general distinction can be made between someone else's words that you simply videotaped speaking in a public place, and your own words or commentary added to the video.
3. FIGHTING WORDS. You may not make a call to action that would put people's lives or property in jeopardy. The common example is yelling "fire" in a crowded theater; however, parallels to this in public access are very rare.
4. OBSCENITY. Under the First Amendment, indecency is protected speech, but obscene speech is not. Obscene material is not allowed on HCAM-TV. Generally, obscenity is the portrayal of sexual or excretory organs or functions in a patently offensive manner running counter to locally accepted standards and without any socially redeeming value. Swear words and nudity, while possibly offensive to some; have not generally been ruled obscene, in and of themselves, in higher courts of law. If you suspect you may have a problem with content in this regard, we recommend you read our Operating Rules & Procedures. We request that you not ask HCAM-TV staff or Directors to view the tape for the purpose of providing you with legal advice.
5. COMERCIAL PROGRAMMING: Where HCAM-TV is a non-profit organization there may be no material that is commercial in nature used in programming. Furthermore any material which is intended to defraud the viewer, or is designed to obtain money by false or fraudulent pretenses is
expressly disallowed.
6. SUMMARY: We strongly recommend that you consult with a lawyer of your own choosing if you think that your video might in any way involve copyright issues, libel, slander, fighting words or obscenity. HCAM-TV is not in any way responsible for the content of your video. In submitting your video to HCAM-TV you are agreeing to indemnify and hold harmless HCAM-TV from any liability or responsibility for your video.
THEREFORE: I understand and agree, in accordance with HCAM-TV Policies & Procedures, that by requesting this program to be cablecast, I am an Access Channel Producer or Sponsor, living or working in the town of Hingham and therefore I am fully responsible for content of the program when cablecast, whether or not I actually produced the program myself. I am (or the member organization I represent is) fully liable for any and all claims arising from it’s
broadcast. I agree further to indemnify and hold harmless HCAM-TV the town of HINGHAM and any of their employees, officers, Board of Directors, etc., from any and all claims, demands, damages or other liabilities which may be made against or arise out of the broadcast of any
program submitted by me whether or not the program has been reviewed by HCAM-TV prior to cablecast. I further agree to pay HCAM-TV Inc., or the town of HINGHAM all legal fees and expenses incurred by this program in connection with any legal proceedings concerning
cablecast, as such legal fees and expenses arise.
Printed Name of Producer/Sponsor: ___________________________________________________________________________________
Signature of Producer/Sponsor: ___________________________________________________________________ Date: ______________
MARK RUMLEY'S MALARKEY FOR MEDFORD WITH PROPER EMBELLISHMENTS
Producer Agreement and Indemnification
In support of its mission, and in accordance with federal and state regulations, Medford Community Media provides an opportunity for qualified individuals to submit live and videotaped programs for play on its cable access channel as an expression of speech protected under the First Amendment of the United States Constitution. However, as with any speaker in a public forum, you have certain responsibilities when it comes to the content of your speech. That is, if it is illegal for you to say or do certain things in public, then it is also illegal to say or do those same things over the station’s channels.
And, because Medford Community Media does not pre-view your work, the responsibility falls completely on you to police yourself--you can't hide behind us, pretending that we have endorsed you or have made a decision to allow your program to play.
Here are some major things you may not do:
1. COPYRIGHT. You may not take other people's creations and use them unless (a) you have obtained their permission; or, (b) you've paid a license fee for their use on a cable access channel; or, (c) the work is public domain (out of copyright). MUSIC: If certain conditions are met, most music may be used in a tape shown on Medford Community Media
2. The conditions are: (a) the music cannot be from a stage play and used in conjunction with a videotaped stage play performance; (b) the music must be licensed by SESAC, ASCAP or BMI; (c) the music cannot be used repeatedly as a theme song to a series of programs; (d) the videotape that the music is on cannot be duplicated for commercial distribution; and, (e) as per conditions cited under the "ephemeral use" section of federal copyright law, the videotape must be either destroyed after six months or be permanently archived.
3.
VISUAL WORKS: Most commercially-available books, magazines, newspapers, movies, television programs, plays, etc. are covered by copyright. These may not be included in your videotape, again unless you have obtained permission, paid a license fee, or they are in the public domain. Excerpts and minor use probably could be acceptable, but you must deal with this kind of use on a case-by-case basis.
2. LIBEL & SLANDER. Defamation to a person's or company's reputation either in writing (libel) or spoken (slander) could be determined grounds for a successful lawsuit. A general distinction can be made between someone else's words that you simply videotaped speaking in a public place, and your own words or commentary added to the video.
3. FIGHTING WORDS. You may not make a call to action that would put people's lives or property in jeopardy. The common example is yelling "fire" in a crowded theater; however, parallels to this in public access are very rare.
4. OBSCENITY. Under the First Amendment, indecency is protected speech, but obscene speech is not. Obscene material is not allowed on Medford Community Media.
Generally, obscenity is the portrayal of sexual or excretory organs or functions in a patently offensive manner running counter to locally accepted standards and without any socially redeeming value. For example, when court clerk Brian S. Burke, husband of Stephanie Muccini-Burke, used a vulgarity at the Chevalier Theater at a videographer. Swear words and nudity, while possibly offensive to some; have not generally been ruled obscene, in and of themselves, in higher courts of law. However, Clerk Burke’s use of “M.F.” was aimed at a citizen and was allegedly used to harass and look for an altercation; alleged fighting words to allegedly provoke. The court did not rule against, Mr. Burke, which was an obscenity in itself because it appears to have violated the canon of ethics that court clerks are supposed to follow. Of course when his wife, Stephanie Muccini-Burke, is found to have not taken the online training course for ethics until August 29, 2017, you can see this kind of wrongful conduct runs in the Burke family.
If you suspect you may have a problem with content in this regard, we recommend you read our Operating Rules & Procedures. We request that you not ask Medford Community Media staff or Directors to view the tape for the purpose of providing you with legal advice.
4. COMERCIAL PROGRAMMING: Where Medford Community Media is a non-profit organization there may be no material that is commercial in nature used in programming. Furthermore any material which is intended to defraud the viewer, or is designed to obtain money by false or fraudulent pretenses is expressly disallowed.
5. SUMMARY: We strongly recommend that you consult with a lawyer of your own choosing if you think that your video might in any way involve copyright issues, libel, slander, fighting words or obscenity. Medford Community Media is not in any way responsible for the content of your video. In submitting your video to Medford Community Media you are agreeing to indemnify and hold harmless HCAM-TV from any liability or responsibility for your video.
THEREFORE: I understand and agree, in accordance with MCM Policies & Procedures, that by requesting this program to be cablecast, I am an Access Channel Producer or Sponsor, living or working in the city of Medford and therefore I am fully responsible for content of the program when cablecast, whether or not I actually produced the program myself. I am (or the member organization I represent is) fully liable for any and all claims arising from it’s broadcast. I agree further to indemnify and hold harmless MCM the city of Medford and any of their employees, officers, Board of Directors, etc., from any and all claims, demands, damages or other liabilities which may be made against or arise out of the broadcast of any program submitted by me whether or not the program has been reviewed by MCM-TV prior to cablecast. I further agree to pay MCM or the city of Medford all legal fees and expenses incurred by this program in connection with any legal proceedings concerning cablecast, as such legal fees and expenses arise.
Printed Name of Producer/Sponsor: ___________________________________________________________________________________
Signature of Producer/Sponsor: ___________________________________________________________________
Date: ______________