How does the State of Michigan define a "newspaper?"
MCLA 691.1051 states it this way:
The term "newspaper" as used in any statute of this state, except the revised judicature act of 1961 relative to the publication of a notice of any kind, shall be construed to refer only to a newspaper published in the English language for the dissemination of local or transmitted news and intelligence of a general character or for the dissemination of legal news, which
(a) has a bona fide list of paying subscribers or has been published at not less than weekly intervals in the same community without interruption for at least 2 years, and
(b) has been published and of general circulation at not less than weekly intervals without interruption for at least 1 year in the county, township, city, village or district where the notice is required to be published. A newspaper shall not lose eligibility for interruption of continuous publication because of acts of God, labor disputes or because of military service of the publisher for a period of not to exceed 2 years and provided publication is resumed within 6 months following the termination of such military service,
(c) annually averages at least 25% news and editorial content per issue. The term "news and editorial content" for the purpose of this section means any printed matter other than advertising.
In order to publish public notices, a publication must meet the above definition.
How can I join the Michigan Press Association?
From the MPA Bylaws:
Active Membership shall be limited to Michigan newspapers -- "newspapers" defined as follows:
The term "newspaper" shall be construed to refer only to a newspaper published in the English language for the dissemination of local or transmitted news and intelligence of a general character or for the dissemination of legal news, which
(a) must have a list of paying subscribers or has been published at not less than weekly intervals for at least 1 year. Otherwise, without the bona fide list of paying subscribers, it must have been published at no less than weekly intervals in the same community without interruption for at least two years.
(b) annually averages at least 25% news and editorial content per issue. The term "news and editorial content" for the purpose of this section means any printed matter other than advertising.
Associate Membership shall be limited to authorized representatives of trade journals, advertising agencies, public relations firms, printing supplies manufacturers or jobbers, publications other than newspapers, and schools or departments of journalism. Associate members have no voting rights at meetings of the Association.
Honorary Membership shall be conferred only by vote of a majority of the Board of Directors as a special honor to newspapermen and former newspapermen considered deserving of same for special services to the profession. Honorary members shall have no voting rights at meetings of the Association.
Sustaining Membership may be accepted from an organization or individual who is interested in the welfare of the publishing and printing industry in the State of Michigan and who sells no equipment or supplies to active members of the Association.
What words can I use in classified ads that will comply with Fair Housing Rules?
Summary: Do not publish advertising that discriminates or indicates a preference on the basis of: Race, Sex, Color, Religion, National Origin, Age, Height and Weight, Marital Status, Familial Status, Handicap and Arrest Record.
For the Fair Housing Word and Phrase List, click HERE.
Are there requirements for wording in Employment Ads?
The same words that are problematic for housing are also a problem in employment ads. However, newspapers are not liable for employment ads although we do recommend helping out our customers. See above for the Fair Housing Word and Phrase List, or click HERE to download the PDF (209 KB) of our Discrimination in Advertising guidelines.
What do I do when someone demands a newspaper print advertising it does not want to print?
The Michigan Supreme Court held in Bloss v Federated Publication, 380 Mich. 485 (1968) that: "...The business of publishing a newspaper is strictly private enterprise and ... the publisher thereof is under no legal obligation to sell advertising to all who would buy it."
The Court ruling establishes the point that a newspaper need not accept any advertising it does not want to print except for ads in one category. Once you are sure that the ad is not refused as part of an agreement which is in restraint of trade, you have every right to control, edit, run or refuse advertising. Sometimes, would-be advertisers, usually transient in the nature of their business, try to bully newspapers into accepting ads.
The best thing to do is to tell such people you do not want to print their ads; that is your right to do so ... and nothing else.
Restraint of trade comes into the issue when there is agreement between a newspaper and its advertisers that the newspaper will not accept competitor's advertising, so all newspapers should be careful never to enter into such agreements. Except where restraint of trade is involved, no newspaper need ever accept for publication an advertisement it does not welcome.
What are the rules regarding advertising fireworks?
Excerpts from the Michigan Penal Code:
750.243a Definitions; prohibited sales and conduct; fireworks for which permit not required. Sec. 243a. (1) As used in this chapter:
(a) "Fireworks" means a device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect, or both, by combustion, deflagration, or detonation. Fireworks includes class B fireworks and class C fireworks.
(b) "Class B fireworks" means toy torpedoes, railway torpedoes, firecrackers or salutes that do not qualify as class C fireworks, exhibition display pieces, aeroplane flares, illuminating projectiles, incendiary projectiles, incendiary grenades, smoke projectiles or bombs containing expelling charges but without bursting charges, flash powders in inner units not exceeding 2 ounces each, flash sheets in interior packages, flash powder or spreader cartridges containing not more than 72 grains of flash powder each, and other similar devices.
(c) "Class C fireworks" means toy smoke devices, toy caps containing not more than .25 grains of explosive mixture, toy propellant devices, cigarette loads, trick matches, trick noise makers, smoke candles, smoke pots, smoke grenades, smoke signals, hand signal devices, Very signal cartridges, sparklers, explosive auto alarms, and other similar devices.
(2) Except as provided in subsection (3) and sections 243b, 243c, and 243d, a person, firm, partnership, or corporation shall not offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, possess, give, furnish, transport, use, explode, or cause to explode any of the following:
(a) A blank cartridge, blank cartridge pistol, toy cannon, toy cane, or toy gun in which explosives are used.
(b) An unmanned balloon which requires fire underneath to propel it and is not moored to the ground while aloft.
(c) Firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, bottle rockets, whistling chasers, rockets on sticks, or other fireworks of like construction.
(d) Fireworks containing an explosive or inflammable compound or a tablet or other device commonly used and sold as fireworks containing nitrates, fulminates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus, or a compound containing these or other modern explosives.
(3) A permit is not required for the following:
(a) Flat paper caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.
(b) Toy pistols, toy cannons, toy canes, toy trick noise makers, and toy guns of a type approved by the director of the department of state police in which paper caps as described in subdivision (a) are used and which are so constructed that the hand cannot come in contact with the cap when in place for the explosion and which are not designed to break apart or be separated so as to form a missile by the explosion.
(c) Sparklers containing not more than .0125 pounds of burning portion per sparkler.
(d) Flitter sparklers in paper tubes not exceeding 1_8 inch in diameter, cone fountains, and cylinder fountains.
(e) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and if the manufacturer’s name and the quantity contained in each box are printed on the box; and toy smoke devices.
(f) Possession, transportation, sale, or use of signal flares of a type approved by the director of the department of state police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic sports, for use by military organizations, and all items described in subsection (2) used by railroads for emergency signal purposes.
(g) The sale of fireworks, provided they are to be shipped directly out of state pursuant to regulations of the United States department of transportation covering the transportation of explosives and other dangerous articles by motor, rail, and water.
Is it possible to refuse an advertisement that has been allowed before? i.e. An adult book/video store has run ads in our newspaper in the past but recently, due to reader response, we would like to refuse their ad.
Not a problem! A newspaper can refuse to run an ad at any time. If you have taken the advertiser’s money, you have to return the money. The newspaper is responsible for the content of an ad, so they always have the right to reject. You can run into trouble if you accept money and wait until the last moment to cancel and there is no other alternative for them to advertise in a timely fashion.
However, even then there generally is no place in town to run an ad that is as effective as the newspaper. So whether you turn them down on day one or right before the event, they still have no recourse.
Just because you ran an ad once does not mean you are obligated to run it again.
You don’t even have to give a reason. Just decline to run the ad. If the advertiser pushes really hard for a reason, tell them that your attorney said you should decline the ad. That’s all you say!
Can advertisers run “March Madness” promotions in my newspaper?
The words “Final Four” and “March Madness” are among the National Collegiate Athletic Association’s list of registered trademarks. The unauthorized use of these and other words registered by the NCAA could lead to legal action.
In conjunction with its championships, the NCAA has developed licensing and marketing programs that make use of its trademarks and championships marks. Such programs are carefully controlled and aggressively protected to be consistent with the purposes and objectives of the NCAA. Any direct or indirect usage of the NCAA’s championships, tickets or marks/logos (including references to the name of the NCAA championship) requires prior written consent of the NCAA and its corporate marketing staff.
Federal regulations support the NCAA’s efforts to prohibit the unauthorized use of the NCAA’s name and trademarks, or any use of NCAA championship tickets in sweepstakes, promotions or contests or any other unfair attempt to associate with or exploit the goodwill of any NCAA championship event.
A merchant selling products that have already been licensed by the NCAA to official corporate partners or merchandise licensees can promote the sale of these items in advertising, provided the appropriate wording is used, and the advertising is submitted by the NCAA corporate partner to the NCAA corporate marketing staff for approval.
Can advertisers run a “Super Bowl” promotion in our newspaper?
Both the words “Super Bowl” and the logo are trademarks. While they can be used in editorial copy, you must pay licensing fees to use them in conjunction with any advertising promotion.
The NFL is very aggressive in tracking down violations, and employs “spotters” to look for unauthorized uses of the words or logo. Even a seemingly innocuous reference to a Super Bowl sale is in violation if proper fees are not paid.
A merchant selling products that have already been licensed by the NFL can promote the sale of these items in advertising, provided the appropriate wording is used. For instance, the Super Bowl beer sponsor can be described as the “official beer sponsor” but not as the “official beer.”
Can I use a photograph or photocopy of a dollar bill in an ad?
It is a federal crime to photograph money, postage stamps and other obligations of the United states or even a foreign government. However, there is an exception for publications which are in black and white and which are less than ¾ or more than 1-1/2 the size of the original. The statute also requires the destruction of the negatives or plates used to make the illustrations after final use. 18 USC 504.
Ok, I’m confused. Can I use the American flag in an ad or not?
Yes, you can. Federal law says that “The flag should never be used for advertising purposes in any manner whatsoever.” 4 USC § 8. But as you may have noticed, there are a lot of ads, not to mention T-shirts, ice buckets, wastebaskets and the like that contain Old Glory.
That’s because the statute uses the suggestive “should not” as opposed to the imperative “shall not.” You may recall that the U.S. Supreme Court has upheld the right to burn the flag as a political gesture. That certainly is something that the statute says that you should not do. But the statute is not mandatory language and there is no criminal penalty. If it were, it would probably be unconstitutional.
The statute also indicates that the flag should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard.
But I am certain that many of us will celebrate the 4th of July, sitting on a cushion emblazoned with the American Flag, eating potato chips out of a bag with the flag across it, wiping our collective mouths with a paper disposal napkin that contains the American flag and drinking lemonade from a paper cup that has a flag on it for decoration.
In short, there is no prohibition to the use of Old Glory in advertising. The statute does not prohibit the use of the flag in advertising. Instead it merely makes the suggestion. So use Old Glory at your discretion.
For the complete U.S. Code for treatment of the flag, visit www.ushistory.org/betsy/flagetiq.html.
What are the rules regarding alcohol advertising?
What are the rules regarding tobacco advertising?
What are the rules about bingo and charity gaming ads?
We’ll take the last one first.
Charitable gaming advertising “shall include all of the following information: (a) The name of the licensee, (b) The license number, (c) The purpose for which the net proceeds will be used.” Anything else is OK as long as the price of the ad doesn’t exceed 3 percent of the revenue from the event. The ad can be any size, may include pictures and can be in color. You can put it on the front page of your newspaper if you want.
As for alcohol, “there shall not be advertising of alcoholic liquor connected with offering a prize or award on the completion of a contest, except upon prior written approval of the Liquor Control Commission. Advertising material which does not contain the name of a retail licensee and does not have a secondary value, but explains the production, sale, or consumption of alcoholic liquor may be published and distributed in this state. Alcoholic liquor recipe literature which does not contain the name of a retail licensee may be published and distributed in this state.”
You can’t show someone drinking beer, wine or spirits, and the ad cannot make any claims that alcohol improves physical performance. Putting the price in an ad is OK.
Tobacco ads must have the Surgeon General’s warning in a white box bounded by black lines in type that is at least 50 percent greater than any body copy or at least 10 points whichever is greater.
Do I have to run the surgeon’s general warning in every advertisement for cigarettes?
No. Only advertising paid for by manufacturers or importers of cigarettes must place the warning on their advertisements. However, beware of coop dollars going to your customer. If the customer has received money from the manufacture for advertising purposes then the warnings must appear.
What are the warnings that must be placed on advertising placed or paid for by manufacturers or importers of cigarettes?
Surgeon General’s Warning: Smoking Causes Lung Cancer, Heart Disease, Emphysema, & May Complicate Pregnancy.
Surgeon General’s Warning: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health
Surgeon General’s Warning: Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.
Surgeon General’s Warning: Cigarette Smoke Contains Carbon Monoxide.
The warnings are to be rotated quarterly by the advertiser.
We just had an employment ad placed and they want to say “Must live in Our Town.” Is this acceptable?
Do not run this ad. The way it’s written makes it discriminatory. Even if the ad is being run by a municipality that has adopted a residency policy, it should be phrased differently: “City ordinance requires employees to be residents of the City.”
An applicant may not live in Our Town but be willing to move should she or he get the job. So this ad is not properly worded and could be a problem if it turns out that the language is code for “other kinds of people need not apply.”
If everyone (or a majority) of Our Town’s population are of one ethnic or religious group, this could be interpreted as an illegal discriminatory ad. This ad should not be run.
Wanted: two mature people who get along well with each other to work in senior housing project. Must be willing to live on premises. No children allowed.” Can I run this ad?
No. This ad discriminates on the basis of age and possibly marital status or familial status. Under state and federal law, newspapers may not run employment ads that discriminate on the basis of age. Here the ad seeks someone who is mature. That is a word that CAN refer to age. It does not necessarily refer to age, except that the ad says that there need to be two people and no children. Again, who is mature and has no children? Older people. That is age discrimination. Furthermore, given the proscription against children, it appears that the ad is discriminating against familial status. Therefore, the ad as written is suspect.
We have a customer who wants to print in his employment ad, “God-centered office.” What’s the law?
The Michigan Elliott Larsen Civil Rights Act prohibits employers from running ads that discriminate on the basis of religion. This includes someone who is an atheist or an agnostic. In a case in the Michigan Court of Appeals, the court held that religious non-belief is protected. Therefore this ad is discouraging someone who is an atheist or an agnostic from responding. The inference is that non-God centered people need not apply for this position. Therefore, the ad violates the statute.
Although there is no liability to the newspaper for running such ads, newspapers refuse them because they do violate the law. Simply tell the advertiser that in conformity with the Elliot Larsen Civil Rights Act, the newspaper does not carry these kinds of ads.
If he says that he is not saying, “Don’t apply” he just wants people to know so they won’t be “uncomfortable,” the answer is that a court would read this ad as religious discrimination. It is illegal for such an ad to run.
What are the laws on real estate agents placing ads? Do they need to include certain information in their ads?
According to the regulations adopted by HUD, “all advertising of RESIDENTIAL real estate for sale, rent, or financing should contain an equal housing opportunity logotype, statement or slogan as a means of educating the home-seeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin. The choice of logotype, statement or slogan will depend on the type of media used and in space advertising, on the size of the advertisement.” 45 CFR 109.30.
This means that if ads for residential real estate (renting or for sale) are placed by real estate agents or anyone else, they must have the appropriate logo in their ad with the appropriate slogan. There are different size logos for different size ads. For classified ads, newspapers should have a fair housing notice at the beginning of the real estate section. This serves as the appropriate notice for all real estate ads in that edition of the newspaper.
For display ads, the larger the ad, the larger the logo and the slogan should be. Smaller ads can use the symbol of the house with the short slogan “Equal Housing Opportunity.”
For a brief list of acceptable and not acceptable words to use in real estate advertising, visit the MPA web site at www.michiganpress.org/faq.shtml.
My regular advertiser, Joe’s Bar and Grill, wants to advertise “Club Keno every five minutes starting October 27, 2007.” Is this legal?
Under the regulations of the Liquor Control Commission advertising gambling in connection with alcohol is not permitted. Furthermore, gambling is illegal in Michigan except for the Michigan Lottery and certain charitable events approved by the Liquor Control Commission.
Liquor Control Regulation 436.1321 states that there shall not be advertising of alcoholic liquor connected with offering a prove or award on the completion of a contest, except upon prior written approval of the commission.
436.1013 (1) says that a licensee shall not allow unlawful gambling on the licensed premises or gambling devices.
Gambling is illegal. Keno is gambling.
However, Michigan Lottery has approved a new Club Keno that runs every 5 minutes. To learn more go to: www.michigan.gov/lottery/
So Joe’s ad is okay provided that the bar has been properly licensed by the Michigan Lottery to do Club Keno.
Also be advised that Club Keno is a registered trademark of the Michigan Lottery and can only be used in conjunction with approved Club Keno licensees.
Can I use a picture of Bill Gates in an ad without his permission? (It’s for a local community college).
NO! Currently there is a move afoot to have a national right of publicity statute that would give all of us the right to protect our likeness from use without our permission. But the right of publicity is already recognized in New York and California. It is not clear what Michigan courts would do, but you don’t want to go there. Gates gets around enough that I am sure he would notice and not be pleased.
If he came to town and you took his picture for a news story, that is allowed. But to use it for a commercial purpose in an ad, even for a college, is forbidden.
The Microsoft web site does have high resolution images of Mr. Gates (and other Microsoft VIPs), but as with all material you find on the Web, you will need to get permission to use them before printing them in your newspaper.
I just finished reading your answer to the question “are we being asked to be truth mediators before publication?” Are you saying that if a party store advertises the coldest beer in town or the best pizza in northern Michigan that we need to check these out? That seems a bit much doesn’t it?
No you don’t have to check out those kinds of statements.
Those statements are not defamatory, i.e. derogatory. So even if they were false, no one could say that their reputation had been damaged. If you run an ad that says “our competitor’s beer is stale”...that is a problem because it might cause someone not to deal with the competitor. If the beer is not stale, you have disparaged the business and you could be sued for lost profits. The responsibility is for anything that ON ITS FACE is defamatory.
Anything that infers or states that a business cheats or sells stale goods or is incompetent is a problem.
On the other hand, if you advertise a housebroken puppy who promptly does his business on the purchaser’s best rug, the newspaper is not liable. You are not the guarantor of the products or businesses you advertise.
But you are responsible for every word that appears in your newspaper if it is defamatory on its face.
What are the requirements for political advertising?
The battle over campaign finance reform caused a change in the political advertising disclaimer that must be put on any election-related newspaper advertisement. Ads placed by candidates and political committees must now contain language that states:
- Who paid for the ad
- The address of the person or entity paying for the ad
- That the advertising funds are regulated funds
Michigan law also requires that an ad indicate whether it is or is not paid for by a candidate.
The U.S. Supreme Court has held that individuals who are not candidates or members of regulated political committees cannot be required by the government to identify themselves as the advertiser. The law does not require an independent advertiser to list who placed the ad.
However, a newspaper may formulate its own policy for the sake of its readers requiring identification of the person placing the ad. Certainly the newspaper needs such information for its bills and readers will find useful the credentials of the person supporting or opposing the candidate or ballot proposition. It is also suggested that credit to the Committee for Better Government is not useful. If there is going to be a policy of attribution for political ads, it should be useful.
Candidates and ballot committees are another matter. By law, their ads must contain language identifying that is it paid for by the campaign. In addition, since April of 2002, it must also contain the language Paid for with regulated funds. Thus, ads placed by a candidate or her committee or a committee for or against a ballot proposal must contain the following:
PAID FOR BY THE COMMITTEE TO ELECT ALFRED E. NEWMAN WITH REGULATED FUNDS.
If the ad is not paid for by a committee or a candidate, it should say so:
NOT AUTHORIZED BY ANY CANDIDATE COMMITTEE.
For example, the owner of the local hardware store wants to place an ad with his logo and a reminder that the primary is August 6. As long as the ad states nothing more controversial than “Remember to vote,” it does not require the disclaimer. Ads placed by government entities about polling locations or ballot language are also exempt. The law and accompanying regulations don’t specify typeface or size for the disclaimer, except to say that it must be “readable by an observer.”
It’s important to note that the Bureau of Elections has not updated its campaign finance manuals for candidates or committees since 2001, so this new law is not reflected in state literature and candidates may or may not be aware of it.
If a covered advertiser doesn’t want to add the new language, tell them Michigan Compiled Laws Section 169.247 requires it and specifies a $1,000 fine and 93-day jail term for violators.
To download our elections checklist as a printable PDF (149 KB), please click HERE.
What are the disclaimers that have to be printed in political ads?
The Ask MPA answer staff would like to clarify the different types of political ads and the disclaimers that are required with each. We hope this chart helps!
Keep in mind that nothing prevents the advertiser from including in their ad the name and address of the person or entity paying for the ad. Moreover, nothing prevents the newspaper from requiring that people place in their private independent ads the name and address of the person or persons paying for the ad. Disclaimers are not required by law for independent expenditures i.e. expenditures that are not made by political parties or political committees. It is our recommendation that you have a policy that requires the name of the person paying for the ad to be contained in the ad. This is not a matter of law but of accountability to the newspaper and the readership.
MPA ran a question and answer from MPA General Counsel Dawn Phillips Hertz regarding political advertising. Hertz wrote: “Check all charges with the opposing candidate. If Candidate A says Candidate B is a “known thespian” check with B and find out if he has been in a theater production recently.”
OK ... so it’s true. B has been in a theater production recently. Now what? And what about gray areas? (B was indeed in a theater production in 1981). Are we being asked to be truth mediators before publication?
You are responsible for every word that appears in an advertisement...whether it is a political ad or a regular ad. You always have to check.
There is more latitude in political ads but not enough to call someone a thief. Fortunately most political ads use a lot of hyperbole. To say that the candidate for treasurer “couldn’t figure his way out of a paper bag with a flash light” cannot support a libel claim. To say that the candidate “lost his last job for expense account problems” is a defamatory statement and if it is false will subject you to liability.
I recommend that political ads be reviewed by an editor because they usually know what dirty tricks the candidates are up to this year.
The local firefighters are split on their endorsement for a candidate for mayor. There apparently is dissension in the ranks. Neither group has formed an official committee so the question is how should the “paid for by...” be written? (Individuals took up a collection to pay for the ad.) We are using “paid for by members of the County firefighters.” Is that OK?
Technically since this is an individual contribution of each member, there is no statutory requirement to print who paid for the ad. But I recommend that you put on the ad who paid for it to be sure that you don’t accidentally violate the law and because it makes it easier to handle advertisers. “Newspaper policy” is hard for the advertiser to argue about. In this case I would put “Paid for by Tom, Dick and Harry, members of the County Firefighters.” Alternatively “Paid for by individual members of the County Firefighters.” The Fire Department may not use public dollars to pay for an ad. So we want to be sure that readers know that these are not public funds being used. At the same time I think their job position is important to the message: “Members of the Fire Department support this candidate.”
Can a public body run its legal notices in a shopper?
A public body must run its official notices in a publication meeting the requirements of the Michigan statutes for the publishing of legal notices. However, if the public body chooses to run additional ads in a shopper, there is certainly nothing wrong with that. They simply cannot run official notices in shoppers without also running the notices in a publication that meets the statutory definition.
A publication that is qualified to carry legal notices for public bodies and for court proceedings and the like is a publication which has at least 25% news content and has published at least once every seven days, for one year if it is paid circulation, and two years if it is a free distribution newspaper.
What is news? ‘News’ is anything that is not advertising.
How many subscribers do you need to be paid circulation? No one knows for sure.
For the kinds of notices requiring publication in a qualified publication see “Michigan Publications Laws”, put out by MPA and available on the MPA web or www.medialawyers.com.
What are the rules for supplying affidavits of publication?
If your newspaper supplies an affidavit for publication when running public notices of foreclosure, you should be prepared to comply with rules that went into effect last year.
Because of legislation passed in 1996, documents must comply with the following conditions in order to be eligible for recording in the register of deeds office:
Text on real estate documents must be at least in 10-point type (this mostly pertains to affidavits on foreclosure notices).
Paper weight must be at least 20 pounds (the weight of regular copy paper).
Printing must be in black ink on white paper for forms that are presented for recording.
Each document must have a 2 1/2 inch margin at the top of the first page with 1/2-inch margins on the other three sides and 1/2-inch minimum margins on the attached pages (because affidavits of publication regarding foreclosure notices are not always recorded with sheriff/clerks deeds, that it then becomes the first page).
The type of document must be identified on the first line of print and only one document type will be indexed per recording.
Documents may be no smaller than 8 1/2 x 11 ad no larger than 8 1/2 x 14.
For more information, contact your local register of deeds, or John Parks or Suzanne Favle at the Detroit Legal Advertiser: (313) 868-9709.
When I make an affidavit of publication is it sufficient to attach a photocopy of the legal ad or do I have to attach a clipping from the paper?
By Michigan statute (which is in your MPA Newspaper Publication blue book) the affidavit must have attached to it, a printed copy of such notice taken from the paper in which it was published. MCL 600.2126; MCL 600.2125.
What is a folio?
A “folio” is 100 words. The following rules for counting words are used by many newspaper publishers:
18th — 3 words
2nd — 2 words
1956 — 4 words
27/100 —5 words
1/4 —1 word
Eleventh — 1 word
1 initial — 1 word
1,400.10 — 6 words
Begin counting: “Mortgage sale”
End counting: After attorney name and address at end
Do not count: Punctuation marks
What is the current folio rate for "legal notice" advertisements?
State law has been revised to set the maximum rate newspapers may charge for a "legal notice" (i.e. an "order, citation, summons, advertisement or other matter arising out of judicial proceedings.")
Beginning
March 1, 2007
, a newspaper may charge up to $20.50 per folio for the first insertion and $8.45 per folio for each subsequent insertion. A folio is 100 words. Example: a two-folio legal notice that appears once in the paper can be $41.00 for the notice ($20.50 per folio multiplied by two). The minimum cost for a notice (regardless of its length) that has to run at least TWICE is $59. The minimum cost for a notice that has to run only ONCE is $44 (regardless of its length).
So a newspaper could charge the notice “minimum” rate of $44 for a two-folio notice that needs to run once (instead of $41 as noted above) or $59 for a one-folio notice that must run at least twice. BUT NEWSPAPERS MAY CHOOSE TO CHARGE A LESSER RATE TO COMPETE FOR LEGAL ADVERTISEMENTS.
The "folio rate" will be adjusted to the United States Consumer Price index for five years on March 1, every year beginning in 2008. The Michigan Press Association will update you annually on the rate change.
Newspapers should also note that state law doesn't control the fee for providing an Affidavit of publication. Therefore, newspapers can raise affidavit fees independent of the statutory requirements for folio rates.
A public body wants to put an advertisement in the newspaper, but it’s not a notice required by law. Must I charge them the legal rate per folio?
No. The limitation of the folio rate is only applicable to ads ordered by the court to be published. So if the township wants to put in an ad for an ice cream social, you can charge your display rate.
What do I do if a public official refuses to open the public record or let me see it?
First, try to convince the official that he or she is required to do so by law. Show him a copy of the Freedom of Information Act (1976 PA 442), particularly section 3(l) which says: "A person has a right to inspect, copy or receive copies of a public record." Or if you are talking to a court official, ask them to review Michigan Court Rule 8.105(C).
You should make your request to see the public record, or to obtain copies of it, in writing if an oral request is not honored. The Act says that the request must be in writing. A response is not due until five days after a written request is received. So put it in writing.
If the official still refuses to open the public record, attempt to get from the official a statement as to the reason your request is being denied. Then contact MPA or the Attorney General's Office as to the application of the law.
The Freedom of Information Act is complicated and has many exemptions; for this reason, the public official may feel that the records you are asking for need not be disclosed. Members of the Attorney General's staff may be able to clear up any confusion by calling the public official involved.
If you are still not allowed to see the public record, you should consider:
1. Engaging a lawyer who can start action to compel disclosure. If you win the lawsuit, the court may order the public agency to reimburse you all costs and a reasonable attorney fee.
2. Making an editorial issue of the situation. Ask for public support. If people in a community learn that their public officials are not complying with the law it may help to secure and maintain open records.
Can a public body require me to pay the amount of the FOIA fees before I receive my documents?
According to a 1998 Michigan Attorney General Opinion, a public body is allowed to require payment of the charges for a FOIA request before turning the documents over to you. A public body can also require a deposit before proceeding to address your request if they estimate that the charge will exceed $50. However, they cannot require more than a 50% deposit. However, if you fail to pay the total fee for a FOIA request, the public body cannot refuse to respond to your next FOIA request.
What do I do when a local governing body, school board, commission or authority holds a secret meeting?
First point out to the members of the public body that, with few exceptions, the Open Meetings Act (1976 PA 267) requires all of its meetings to be held in a place available to the general public.
Also point out that a violation of this law may result in their actions being held invalid and that they may be compelled to comply by court. You may further call attention to the fact that each member who participates in this illegal act is guilty of a crime for which he or she can be fined up to $ 1,000 for the first offense and up to $2,000 and a year in jail for the second. They can also be made to pay damages plus court costs and attorney fees.
If officials persist in holding secret sessions, you are invited to contact MPA for advice regarding the specific problem. If a state board is involved, you and or MPA can work with the Attorney General's office. If a local body is involved, it is usually advisable to start with the county prosecutor's office.Ask them to look into the situation and take steps to see that all future meetings are open according to law. As an alternative, or in case you are still not satisfied, contact MPA for help or you can engage a lawyer to start a lawsuit under the Open Meetings Act. If you win the case, the court will order the public body to reimburse you for your court costs and attorney fee.
Consider advantages if you take the issue to the public in editorial discussion. If the public supports the idea that meetings must be open, they will be. If not, it is easy for any public body to obey the letter of the law and still disregard the spirit of the public's right to know what is going on in its own affairs.
What do I do when someone threatens suit for libel or invasion of privacy?
A charge of libel or invasion of privacy will often come by telephone from the complaining party or in a letter from an attorney. The first contact with a complainant is critical.
Be courteous. Listen. Admit nothing. Respond promptly.Remember, everything you say may be used against the newspaper in a lawsuit for libel. So treat the call as a serious threat.
Rule 1: Don't be defensive. It is often helpful to have the phone call or first response handled by someone other than the journalist who wrote the story. In the first contact with a complainant or the lawyer it is important to gather information and to be calm. This may be best accomplished by someone other than the author who may be defensive about the story.
Take notes of what is said by the complainant. These statements can be used, if helpful, to defend a lawsuit.
An editor or publisher should handle the calls. It lets the complainant know that his or her call is important. In addition, having one person handle all such calls provides consistency in the response of the newspaper to such calls.
Rule 2: Be courteous. The complainant will often be angry or distraught. The newspaper must therefore respond calmly. Listening to the complaint is very important. Many times allowing the complainant to vent their emotions is sufficient and a lawsuit will not follow.In many lawsuits brought for libel, the Plaintiff describes how his anger increased and his resolution to sue was forged by the callousness, perceived or real, expressed by the newspaper when he called to complain.
Rule 3: Do not agree or sympathize with the complainant. Do assure the complainant that the newspaper is committed to printing accurate stories.
Again, listen carefully and take notes. Important additional facts may be gained about the story and/or the complainant in the first contact. Listen carefully for any corroborating testimony or documents available.The goal in the phone conversation is to determine what facts are considered inaccurate and what other corroborating facts may be available to support the story as written or to support the complainant.
Rule 4: Respond promptly to the inquiry. The first contact is important, but so is the follow up contact, especially if a clarification or retraction is appropriate. (Any clarification or retraction should be written carefully and reviewed by your lawyer.) Potential plaintiffs must ask for a retraction in order to collect exemplary damages but a retraction does not bar suit or prevent an assessment of damages. It is only to be considered in connection with mitigating or lessening damages. Care must be taken not to make things worse.
Under Michigan's new libel statute constitutional protections for newspapers have been codified. One important change, however, is that the private figure suing for libel will be limited to economic losses as damages including attorney fees. This has eliminated the right to recover for hurt feelings which has usually been the majority of the award for damages in libel cases. Private individuals, however, only need prove negligence in order to recover.
INVASION OF PRIVACY. Invasion of privacy claims can be more difficult since the offending facts are often true. A clarification or retraction will usually not help. The central question in an invasion of privacy claim is whether a private fact which is not newsworthy has been disclosed. Again a courteous listener at the newspaper may be the best remedy.
There are three other types of conduct which constitute an invasion of privacy: appropriation of someone's likeness, false light (similar to libel) and intrusion (akin to trespass). Again, despite truthful reporting a charge of intrusion or appropriation may be made. Claims for invasion of privacy should be handled in a similar fashion to claims for libel: be courteous, listen, admit nothing and respond promptly.
Consideration should be given to presenting the retraction in advance to the complainant for comment, not approval.Remember, there are many defenses that may be available to a charge of libel or invasion of privacy. But inaccuracies should be dealt with promptly. Remember, the newspaper is responsible for everything published in the newspaper including advertisements, letters to the editor, photographs, as well as news articles. It is no defense that someone else wrote the copy or was quoted.
Remember, a complainant may be wrong about the story, but that won't prevent a suit.Remember, in case of a serious threat of suit contact your attorney. MPA can assist you in choosing legal counsel. Remember, if served with a complaint, notify your insurance carrier immediately.
What do I do when I am asked to leave a Courtroom?
Following is a copy of Gannett's prepared statement to be read by a reporter when the judge tries to close a trial which he or she is covering. We recommend it be revised for your paper and reprinted on cards for distribution to all reporters. The reporters should hand the card to the judge or the clerk so as to minimize disruption of the courtroom and risk of a contempt citation. Note that each newspaper should contact their lawyer immediately after the court closing.
"Your honor, I am a reporter and I would like to object on behalf of my employer and the public to this proposed closing. Our attorney is prepared to make a number of arguments against closings such as this one, and we respectfully ask the Court for a hearing on those issues. I believe our attorney can be here relatively quickly for the Court's convenience and he will be able to demonstrate that closure in this case will violate First Amendment, and possibly state statutory and constitutional provisions as well. I cannot make the arguments myself, but our attorney can point out several issues for your consideration. If it pleases the Court, we request the opportunity to be heard through counsel."
What do I do when I have been issued a subpoena requesting me to divulge information in my possession which is relevant and valuable to a litigant in a civil dispute?
The United States Supreme Court and other federal courts considering the issue have acknowledged and recognized the existence under the First Amendment of a "qualified privilege" with respect to the "newsgathering" process. These courts have noted that the function of the press as a primary source of information to the public may be impeded when a reporter's ability to gather news is impaired. Such impairment may occur when the importance of the reporter's relationship with confidential informants is not recognized.
An assertion of a claim of privilege by a reporter to withhold information necessitates a delicate balancing of the interest of the public in protecting the reporter's sources against the civil litigant's interest in compelling disclosure. In order for the party issuing the subpoena to prevail, he must show that: (1) the information sought is necessary or critical to his cause of action or defense;
(2) he has exhausted other reasonable alternative sources of information; and
(3) based on the record before the court, his action or defense is not patently frivolous.Courts have generally stated that a qualified reporter's privilege should be readily available in civil cases where the reporter is not a party to the law suite. In civil cases where the reporter is a party to the action or in criminal cases a more difficult situation is presented. In the latter situations a reporter would be wise to consult an attorney before asserting his qualified privilege to withhold information in the face of a subpoena.
What effect does the Driver Privacy Protection Act of 1994 have on my ability to get information from the Michigan Secretary of State?
A Michigan law passed in 1997 brings the state into compliance with the federal Driver Privacy Protection Act by allowing personal information such as names and addresses to be released only for certain purposes. Newspapers can have access only for "the preparation and dissemination of a report related...to the operation of a motor vehicle or public safety." Newspapers seeking access to motor vehicle, driver's license and state identification card information must now certify that they will comply with state and federal law. Making a false representation on the request form is a felony punishable by up to 15 years in prison and a $15,000 fine.
The Michigan Press Association and the Department of State have agreed upon a form letter which should satisfy the legal requirements. The letter has been reviewed by the legal department of the Department of State and the MPA General Counsel.
Newspaper editors and publishers should make sure their staffs understand the requirements of the Driver Privacy Protection Act before allowing staff to use personal information received from the Secretary of State.
If I request under OMA for notification of meetings from a municipality, is it acceptable they just tell me they meet the first Monday of each month at 6 p.m. or do they have to send me a notice each time they post?
They can just give you the notice of the regular meeting once. They are required to post their regular meeting schedule at the beginning of the year. So if they provide you with that schedule of regular meetings, they have complied with the duty to notify you of regular meetings for that year. However, they do have to notify you of special meetings that occur off the regular schedule.
I get my newspaper delivered by mail and sometimes it takes forever. What's going on?
Most often, newspapers are delivered as "periodicals" class (what used to be called Second Class) mail. As a result, sometimes other mail, such as First Class, Express Mail and Priority Mail, takes precedence on what gets on the mail trucks. That happens, but not that often. Most often, the reason periodicals class mail takes so long to get to an out-of-state or distant location is because the post office has to forward the mail (in the case of "snowbirds" who travel south for the winter). The best way to speed delivery is to change your address with the newspaper if you are moving south for the winter. A forwarding order expires after 60 days, and an expired order slows delivery. Changing your address with the post office is helpful, but not necessarily sufficient. Since you are reading this on-line, go to http://www.usps.gov/moversnet/ to get the appropriate forms to change your address. Make sure you send a change-of-address form to the newspaper. Include a mailing label if possible. If you are not moving but still have delivery problems, ask your newspaper to request a publications watch from the postal service. The post office has made a commitment to improved periodicals delivery. If you are having problems, contact your newspaper and your local postmaster.
I'm a publisher and I need some USPS forms. Can I get them on-line?
Sure! The United States Postal Service has most required periodicals class forms in a downloadable pdf format at http://www.usps.com/about/formsandpublications.htm
What are the laws regarding sales tax on newspaper components?
Briefly, any newsprint or ink that becomes a component part of a newspaper is exempt from sales or use tax. Here is the state law on the issue:
MCLA 205.54a. Deductible sales
Sec. 4a. A person subject to tax under this act may exclude from the amount of the gross proceeds used for the computation of the tax, a sale of tangible personal property:
(g) To the following:
(i) An industrial processor for use or consumption in industrial processing. Property used or consumed in industrial processing does not include tangible personal property permanently affixed and becoming a structural part of real estate; office furniture, office supplies, and administrative office equipment; or vehicles licensed and titled for use on public highways, other than a specially designed vehicle, together with parts, used to mix and agitate materials added at a plant or jobsite in the concrete manufacturing process. Industrial processing does not include receiving and storage of raw materials purchased or extracted by the user or consumer; or the preparation of food and beverages by a retailer for retail sale. As used in this subdivision, "industrial processor" means a person who transforms, alters, or modifies tangible personal property by changing the form, composition, or character of the property for ultimate sale at retail or sale to another industrial processor to be further processed for ultimate sale at retail. Sales to a person performing a service who does not act as an industrial processor while performing this service shall not be excluded under this subdivision except as provided in subparagraph (ii ).
(ii) A person, whether or not the person is an industrial processor, if the tangible personal property is a computer used in operating industrial processing equipment; equipment used in a computer assisted manufacturing system; equipment used in a computer assisted design or engineering system integral to an industrial process; or a subunit or electronic assembly comprising a component in a computer integrated industrial processing system.
(h) That is a copyrighted motion picture film or a newspaper or periodical admitted under federal postal laws and regulations effective September 1, 1985 as second-class mail matter or as a controlled circulation publication or qualified to accept legal notices for publication in this state, as defined by law, or any other newspaper or periodical of general circulation, established not less than 2 years, and published not less than once a week. Tangible personal property used or consumed, and not becoming a component part of a copyrighted motion picture film, newspaper, or periodical, except that portion or percentage of tangible personal property used or consumed in producing an advertising supplement that becomes a component part of a newspaper or periodical is subject to tax. For purposes of this subdivision, tangible personal property that becomes a component part of a newspaper or periodical and consequently not subject to tax includes an advertising supplement inserted into and circulated with a newspaper or periodical that is otherwise exempt from tax under this subdivision, if the advertising supplement is delivered directly to the newspaper or periodical by a person other than the advertiser, or the advertising supplement is printed by the newspaper or periodical.
Does a motor carrier route driver have to wear a seatbelt when delivering newspapers?
State law (MCLA 257.710e) states that the driver of "a commercial...vehicle which makes frequent stops for the purpose of...delivery of goods or services" is not required to wear a seatbelt while operating a motor vehicle. Is it a good idea to wear a seatbelt? Probably. But it is not required by law.
Download a handy wallet/glovebox card to give to the police next time they pull you over. We're not guaranteeing it will work, but this card lists MCLA 257.710e and the subsequent Attorney General's opinion that specifically mentions newspaper carriers as being exempt. Maybe it will get you out of a ticket, maybe not.
How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of specific number of words counts, a certain number of musical notes, or percentages of a work. Whether a particular use qualifies as fair use depends on all the circumstances. If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained. (Source: U.S. Copyright Office)
Register your work or obtain permission for using someone else's work here
What are the new overtime regulations that affect newspapers and newspaper employees?
Journalists may be exempt from overtime regulations if their work is primarily creative, but not if their principal role is to collect public facts or rewrite press releases, the US Department of Labor stated today. The announcement was made as a part of the Labor Department's long-anticipated rewrite of Fair Labor Standards Act rules, which had not been updated for nearly 50 years.
The rule classifies journalists as professionals if their work requires "invention, imagination, originality and talent, as opposed to work which depends primarily on intelligence, diligence and accuracy."
If their job is to "collect, organize and record information that is routine or already public," they are subject to overtime rules. If they primarily rewrite press releases and cover public meetings, their jobs are not exempt from FLSA. If their primary job is to write columns, editorials or commentary, however, they probably are exempt--provided their compensation is greater than $455 per week.
Michigan Press Association's Labor and Employment Law gurus, Warner, Norcross and Judd, have prepared a memo clarifying these regulations. Please click HERE to download the memo.
(To save, click on the above links to view and then click the disk icon in the Acrobat toolbar to save. If you have trouble downloading this way, click on the link and hold until the menu pops up or right-click on the link. Then select Save Link... or Save Target... and save to your Desktop.)
Are there any words that I cannot use in a newspaper? I remember hearing about the FTC forbidding seven words from being used on the air. Is that true for newspapers?
No. Government cannot and has not forbidden the use of any words in newspapers. The original seven forbidden words (which will not be repeated here!) are no longer forbidden by the FCC. They were the subject of several George Carlin monologues. But it was finally decided that government really had no right under the First Amendment to abridge speech.
The only area in which the law has allowed restriction on speech is in the area of “fighting words” or language that could cause panic.
Yelling “Fire!” in a crowded theater when there is no fire is still subject to punishment. But short of words that will incite an immediate riot, the courts have not upheld restrictions on speech. Even a call to riot in a newspaper is probably not punishable because the impact of such a statement has little chance of causing immediate action.
That does not mean that an individual newspaper cannot restrict the words used by its employees in print. Choice of language is the province of the newspaper, but not the government.
MPA Member Hotlines: Legal, Employment and Technology Hotlines
We receive calls at MPA on many different topics. We have created hotlines for the most common questions.
The MPA Legal Hotline provides MPA member newspapers with a reliable, quickly available source of expert advice on legal issues in most areas of law affecting newspapers.
The MPA Employment Law Hotline is a specialized hotline for MPA member newspapers with questions on employees and other issues in the realm of employment law.
The MPA Technology Hotline offers MPA member newspapers access to a second opinion on or advice about working through technical and operational issues at their newspapers.
Participation in the MPA Hotlines is open to all publications that are active members of the association. No cost (to the member) telephone inquiries are limited to questions that can be answered without the need for extensive investigation or legal research. The majority of routine questions can be disposed of in this manner without the need for further expense. Hotline staffers will let members know if their question exceeds the scope of what can be covered under the free MPA Hotlines. Additional counsel is available at reasonable rates.
MPA Members: Contact Central Office at 517.372.2424 or
mpa@michiganpress.org for more information about calling the Hotlines.
