Associate University Counsel
Organization:
BYU Broadcasting
Hours:
Regular work hours
Duties:
• Corporation for Public Broadcasting (CPB) Issues. In order to receive annual CPB grants, BYUB must comply with numerous regulations and policies. For example, BYUB has already required extensive legal counsel to ensure that BYUB remains eligible to receive Community Service Grants totaling approximately $2 million annually.
• Public Broadcasting Service (PBS) Issues. BYUB is already advised by outside counsel to ensure compliance with PBS and FCC requirements, but this area often requires internal counsel's advice on important initiatives that impact BYUB's ability to operate. For example, internal counsel recently helped BYUB address a challenge regarding the amount of religious content allowed on a PBS station. Additionally, BYUB must coordinate with PBS regarding membership and production issues, and this requires legal counsel. For example, BYUB has entered into agreements with PBS which allow PBS to distribute Mormon Tabernacle Choir performances and has recently negotiated a pledge-drive program that BYUB will produce and PBS member stations will air nationwide.
• FCC Requirements. Federal law requires BYUB to certify that BYUB complies with all laws necessary to retain its certificates and station licenses. For example, BYUB must maintain a public file pertaining to its employment practices. Random audits by the FCC review the public file and verify that other requirements are met.
• Copyright and Trademark Issues. BYUB must promptly and correctly register its copyrights and trademarks in order to protect its intellectual property from infringement and misuse.
• Rights and Clearances/Licensing of Content. BYUB produces content that contains the intellectual property of third parties. Legal use of the images and music of these parties requires negotiating agreements with the rights holder. This is an area that particularly needs the full-time focus and work of a BYUB attorney.
• Collaboration Agreements and Business Partnerships. In order to produce revenue opportunities, BYUB continually works to create business relationships with private companies. BYUB further collaborates with organizations such as NPR and the Nielsen's rating company. These partnerships and agreements will require an attorney to draft and interpret contract provisions.
• Employment Agreements. In addition to the usual course of employment issues, BYUB must also craft non-disclosure agreements to govern its employees.
• Independent Contractor Issues. As is the case industry-wide, the nature of BYUB content production often requires BYUB to hire contractors rather than permanent employees. Currently BYUB has over 100 active independent contractor contracts. Each contractor requires an employment contract that protects BYU's interests and complies with relevant employment law.
• Distribution Contracts. BYU-TV is currently carried on Dish Network, DirecTV, and over 650 cable systems. Each carriage agreement creates legal obligations that must be regularly reviewed and closely monitored for compliance. Each time BYUB negotiates a new carriage agreement (such as the recent agreement with Time-Warner), significant attorney resources are required.
• Contracts with Management Service Suppliers. The scope of BYUB's work requires it to work with multiple production and management companies. BYUB has recently contracted with one specialized management company to produce the PBS pledge-drive program and other programs, and BYUB will need to contract with others in the near future. Each contract requires extensive legal analysis, counsel, and negotiation.
• Intellectual Property Rights. BYUB distributes its content to PBS, the Discovery Channel, and other networks to extend its reach. BYUB also acquires material produced by others. These arrangements require extensive, careful negotiation and legal oversight to protect BYUB's intellectual property rights and to ensure that BYUB does not infringe on others' copyrights.
• Political Issues. Although BYUB is politically neutral and does not endorse political candidates or platforms, BYUB does air politically oriented programs, such as presidential or candidate debates. Doing so requires legal counsel to ensure compliance with FCC and IRS regulations.
• Streaming Radio Issues. BYUB has recently signed agreements with SoundExchange and will continue to pursue other streaming options.
• Sports Production Issues. BYUB produces dozens of sports events every year. These productions require legal advice on every aspect from licensing rights to distribution rights.
• Website and Other Contracts. BYUB has already contracted with a number of technical service suppliers and plans on contracting with many more.
Skills:
A JD from an accredited law school is required along with admission to the Utah Bar within one year of starting work. At least three years of relevant legal work experience is preferred. The attorney must also have a firm commitment to the mission of BYU, proven maturity, and good judgment. Strong academic credentials and experience working in a complex organization are preferred. The attorney should possess outstanding oral and written communication, analytical, computer, and interpersonal skills. An undergraduate degree in a communications program is desired, but not required. Further, the attorney must possess outstanding problem-solving and research skills and be able to work closely and effectively with high-level university administrators. The attorney must have the ability to stay current with legal developments (both statutory and caselaw), and participate in local and national level discussions regarding developments in higher education law and their strategic implications for colleges and universities.
Contact:
OPENING DATE: 2/25/2010
CLOSING DATE: 3/11/2010
START DATE: ASAP
APPLY ONLINE: YJOBS.BYU.EDU, JOB #100048
For more information visit www.byubroadcasting.org/employment
NO PHONE CALLS PLEASE
All interns are expected to maintain a high-quality work ethic as they would with any other employer.
