J. R. O'Dwyer Company

Last updated

J.R. O'Dwyer Company is an online and print news and information publisher covering the public relations and marketing communications fields in New York City, [1] established in 1968. [2]

Contents

O'Dwyer's magazine

O'Dwyer's ( ISSN   1931-8316) is a monthly magazine that covers marketing communications, new media, public relations and related fields. It is edited by Jon Gingerich. Jack O'Dwyer is the Editor in Chief. It was previously titled O'Dwyer's PR Report. [3] [4]

Public relations rankings

The O'Dwyer company publishes rankings of the PR companies in the United States through annual directories. [5]

According to Jack O'Dwyer, there are 12 categories of rankings. In order to be ranked, PR firms must provide financial documents, such as the top page of their latest income tax return and their W-3 form showing payroll. [4]

Other publications

Periodicals

Books

O'Dwyer shared partial transcripts of a presentation from PRSA's annual conference in 1993 to criticize the speaker's ethics for promoting the use of advertising spend to influence editorial at major newspapers. The speaker sued O'Dwyer for copyright infringement and the court ruled that O'Dwyer was protected under fair use. [6] [7] [8] Copyright.gov reports "The court granted defendants’ motion to dismiss, finding that defendants’ publication of articles discussing plaintiff's public speech and defendants’ distribution of the transcripts constituted fair use. The court held that defendants’ purposes were to fairly and reasonably review, comment on, and criticize plaintiff's speech." [9]

Related Research Articles

YouTube channel khuse is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.

Strategic lawsuits against public participation, or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

<i>Universal City Studios, Inc. v. Corley</i> American legal case

Universal City Studios, Inc. v. Corley, 273 F.3d 429, was a court ruling at the United States Court of Appeals for the Second Circuit. The ruling was the first significant test of the anti-circumvention provisions of the Digital Millennium Copyright Act.

<span class="mw-page-title-main">Public Relations Society of America</span> Nonprofit trade association for public relations professionals

The Public Relations Society of America (PRSA) is a nonprofit trade association for public relations professionals. It was founded in 1947 by combining the American Council on Public Relations and the National Association of Public Relations Councils. That year, it had its first annual conference and award ceremony. In the 1950s and 1960s, the society created its code of conduct, accreditation program and a student society called the Public Relations Student Society of America.

Dennis Jacobs is a Senior United States circuit judge of the United States Court of Appeals for the Second Circuit.

<span class="mw-page-title-main">Ronn Torossian</span> American public relations executive

Ronn D. Torossian is an American public relations executive, founder of New York City-based 5W Public Relations (5WPR), and author. Torossian built his firm's brand through aggressive media tactics, which have, at times, enmeshed him in controversy.

Los Angeles Times v. Free Republic, 56 U.S.P.Q.2d 1862, is a United States district court copyright law case. Several newspapers sued the Internet forum Free Republic for allowing its users to repost the full text of copyrighted newspaper articles, asserting that this constituted copyright infringement. Free Republic claimed that they were not liable under the doctrine of fair use and the First Amendment guarantee of freedom of speech. The federal courts ruled in favor of the newspapers.

Litigation public relations, also known as litigation communications, is the management of the communication process during the course of any legal dispute or adjudicatory processing so as to affect the outcome or its impact on the client's overall reputation. The aims of litigation PR differ from general PR in that they are tied to supporting a legal dispute rather than general profile raising. Accordingly, there is a greater focus on the legal implications of any communications given the strategic aims and sensitive rules around disclosure during court proceedings. The New York Times reports that sophisticated litigation public relations efforts have included "round-the-clock crisis P.R. response, efforts to shape internet search results, and a website with international reports and legal filings" intended to support one side of the case. According to the international legal directory Chambers & Partners, as a result of the internet and social media, response must be faster and more strategic, since "the reputational consequences of each legal move are magnified and amplified far beyond the courtroom walls. Planning, preparation and rapid response are all critical elements to ensure a litigation communications program that effectively supports high-profile, high-stakes legal matters."

Capitol Records, Inc. v. Thomas-Rasset was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable to the plaintiff record company for making 24 songs available to the public for free on the Kazaa file sharing service and ordered to pay $220,000.

<span class="mw-page-title-main">Derivative work</span> Expressive work created from a major part of a different, original artwork

In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work. The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.

Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.

<span class="mw-page-title-main">Development Counsellors International</span>

Development Counsellors International, also known as DCI, is a place marketing firm based in New York City that specializes in economic development and travel marketing, as well as investment lead generation services. Founded in 1960 by Ted Levine, the company now employs more than 60 people and has regional offices in Denver, Toronto and Los Angeles.

In the case of Sony BMG Music Entertainment et al. v. Tenenbaum, record label Sony BMG, along with Warner Bros. Records, Atlantic Records, Arista Records, and UMG Recordings, accused Joel Tenenbaum of illegally downloading and sharing files in violation of U.S. copyright law. It was only the second file-sharing case to go to verdict in the Recording Industry Association of America's (RIAA) anti-downloading litigation campaign. After the judge entered a finding of liability, a jury assessed damages of $675,000, which the judge reduced to $67,500 on constitutional grounds, rather than through remittitur.

Real Chemistry, formerly known as W2O Group, is a global health innovation company based in San Francisco, California. It was founded by Jim Weiss in 2001 and originally named WeissComm Partners.

<i>NXIVM Corp. v. Ross Institute</i> 2004 US Federal Court of Appeals decision

NXIVM Corp. v. The Ross Institute, 364 F.3d 471, was a United States Court of Appeals for the Second Circuit decision that held that the defendant's critical analysis of material obtained in bad faith, i.e., in violation of a non-disclosure agreement, was fair use since the secondary use was transformative as criticism and was not a potential replacement for the original on the market, regardless of how the material was obtained.

<i>Arista Records LLC v. Lime Group LLC</i>

Arista Records LLC v. Lime Group LLC, 715 F. Supp. 2d 481, is a United States district court case in which the Southern District of New York held that Lime Group LLC, the defendant, induced copyright infringement with its peer-to-peer file sharing software, LimeWire. The court issued a permanent injunction to shut it down. The lawsuit is a part of a larger campaign against piracy by the Recording Industry Association of America (RIAA).

<i>Ouellette v. Viacom International Inc.</i> US legal case

Ouellette v. Viacom, No. 9:10-cv-00133; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works. This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown.

<i>Salinger v. Random House, Inc.</i> American legal case

Salinger v. Random House, Inc., 811 F.2d 90 is a United States case on the application of copyright law to unpublished works. In a case about author J. D. Salinger's unpublished letters, the Second Circuit held that the right of an author to control the way in which their work was first published took priority over the right of others to publish extracts or close paraphrases of the work under "fair use". In the case of unpublished letters, the decision was seen as favoring the individual's right to privacy over the public right to information. However, in response to concerns about the implications of this case on scholarship, Congress amended the Copyright Act in 1992 to explicitly allow for fair use in copying unpublished works, adding to 17 U.S.C. 107 the line, "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

<i>Barclays Capital Inc. v. Theflyonthewall.com, Inc.</i> American legal case

Barclays Capital Inc. v. Theflyonthewall.com, Inc., 650 F.3d 876, was a case decided in the United States Court of Appeals for the Second Circuit where the Second Circuit, reversing the decision of the US District Court below it, found that the claims of three major financial investment firms against an internet subscription stock news service (theflyonthewall.com) for "Hot-news" Misappropriation under state common law doctrine could not stand, as they were pre-empted by several sections of the Federal Copyright Act.

<span class="mw-page-title-main">Berk Communications</span>

Berk Communications is an American public relations firm that works in consumer lifestyle, food and beverage, travel, sports and entertainment. Ron Berkowitz is the company's founder and CEO. The firm's corporate headquarters is in New York City, New York, with an office in Los Angeles, California.

References

  1. "PR giants rally around O'Dwyer p. 78". Editor & Publisher . April 22, 1995. Retrieved 2007-06-29.
  2. "FWV Places at Top of Agency Rankings". French West Vaughan. March 7, 2007. Archived from the original on July 7, 2007. Retrieved 2007-06-29.
  3. "O'Dwyer's PR Report Magazine". Mondo Times . Retrieved 2007-06-29.
  4. 1 2 Ferdie De Vega (June 2, 2007). "Industry magazine ranks three local companies". tallahassee.com. Archived from the original on September 30, 2007. Retrieved 2007-06-29.
  5. Daniells, Lorna M. (1993). Business Information Sources . University of California Press. p.  233. ISBN   9780520081802.
  6. A Bruce Strauch (5 August 1996). Current Legal Issues in Publishing. Psychology Press. pp. 89–. ISBN   978-1-56024-804-0 . Retrieved 31 October 2012.
  7. Glaberson, William (December 27, 1993). "Wars of Words, About Journalism". The New York Times. Retrieved October 27, 2012.
  8. "'Fair Use Exception Allows Excerpting of Rival's Speech'". New York Law Journal. February 7, 1995.
  9. Rotbart v. J.R. O’Dwyer Co., Inc. (U.S. District Court for the Southern District of New York. Feb. 7, 1995) (PDF).

Official website