Be careful when taking legal advice from websites. Ethical rules would probably bar an attorney from writing such an article. (Advice to potentially out of jurisdiction and/or unknown clients, online advice is a tricky thing for bar associations.) I'm not saying that anything is incorrect, just that this sort of advice has consequences.
I would add to the article that while copyright may not limit such speech, contract law is a totally different matter. Check the fine print of you cable contract and/or your NFL package subscription. Even your superbowl tickets (tickets are contracts) will probably have limitations on how you can use NFL content and marks. Everyday citizens may perhaps use the term "super bowl", but someone in a contract with the NFL is not an everyday citizen. The NFL can always come after them for breech of contract, triggering liquidated damages clauses.
This is why many broadcasters avoid using NFL marks even where they have the right to. They have signed contracts in exchange for, perhaps, highlight reals, interview opportunities or other such content from the NFL. This then binds them to whatever speech-limiting terms the NFL may include.
> Be careful when taking legal advice from websites. Ethical rules would probably bar an attorney from writing such an article.
Ethical rules bar giving specific legal advice online, not generally describing the law. Tons and tons of attorneys post general advice about what you should and shouldn't do. To pick a random one that's the first hit on Google: http://www.bpmlegal.com/tmdodont.html.
General descriptions are fine, but saying that a particular person (ie "you" or "the public") is allowed to do something in relation to another (the NFL) boarders on specific advice. There is a difference between explaining the concept of "fair use" and saying that a particular use is fair.
On second thought I do think the article made a mistake. Sure, you can VHS the superbowl, but good luck doing that on a modern TV/cable setup. Recording an HD copy will likely involve bypassing encryption or other content protections. Saying that anyone can "tape" the event is an overstatement. Some "taping" is cool, other "taping" may violate any number of rules.
I don't see how specifying "you" and "the NFL" actually makes the advice specific, unless there are specific laws mentioning one of those specific parties. It's just as broad advice as saying that an individual can or cannot describe a copyrighted broadcast.
Great point. I also assume that, like every website I visit or product I buy, the NFL could bind me to a twenty-paragraph terms of service agreement just for watching their content.
And he's even listed at http://www.dcbar.org/. Thank you for pointing out that this claim was easily testable instead of letting people get by with "probably". :-)
I would add to the article that while copyright may not limit such speech, contract law is a totally different matter. Check the fine print of you cable contract and/or your NFL package subscription. Even your superbowl tickets (tickets are contracts) will probably have limitations on how you can use NFL content and marks. Everyday citizens may perhaps use the term "super bowl", but someone in a contract with the NFL is not an everyday citizen. The NFL can always come after them for breech of contract, triggering liquidated damages clauses.
This is why many broadcasters avoid using NFL marks even where they have the right to. They have signed contracts in exchange for, perhaps, highlight reals, interview opportunities or other such content from the NFL. This then binds them to whatever speech-limiting terms the NFL may include.