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June. 16, 2010

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Legal Issues

WIAA may grant exclusive right to stream video of football coverage
On June 3, a federal court in Wisconsin Interscholastic Athletic Association et. al. v. Gannett Company Inc. et. al. upheld the Wisconsin Interscholastic Athletic Association's right to sell exclusive licenses to stream video coverage of its tournament events over the Internet. This lawsuit for declaratory relief began after a Gannett publication streamed live videos of several WIAA tournament games. In a response issued on June 4, the Wisconsin Newspaper Association and Gannett expressed concern over the court's approval of the exclusivity of WIAA's arrangement with a private vendor. They are in the process of reviewing legal options.

NFL's licensing of teams' intellectual property constitutes concerted action
The U.S. Supreme Court in American Needle, Inc. v. National Football League et. al. has held that the NFL is not a single enterprise for purposes of Section 1 of the Sherman Act; thus, its licensing of the intellectual property of its member football teams constitutes concerted action. The court, however, did not address the question of whether the action unreasonably restrains trade, but determined the legality of that concerted action must be judged under the Rule of Reason. The Supreme Court's decision prevents the NFL from claiming an antitrust exemption as a single entity and therefore paves the way for other potential antitrust challenges to any collective action by NFL teams. However, those challenges still would be subject to judicial review on the competitive merits.


Foundation study looks at NIE in 2010
Newspaper In Education is alive and well in 2010. It's just leaner and more focused. A new NAA Foundation study combines online survey results with telephone interviews to assess the current state of NIE. The report also suggests young-reader strategies for the future. MORE


Webinar explores the e-reader, tablet landscape
Competition is heating up in the market for e-readers and tablets. In response, content providers are scrambling to develop immersive applications. Join representatives of The Boston Consulting Group at 2 p.m. June 24 as they discuss results of BCG's 14-country survey of 13,000 consumers and their preferences for these devices. Register now for this NAA-exclusive webinar.


Retail roundup
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Sears Holdings Corp. is experimenting with home delivery of groceries and other items in areas of New York as part of its online shopping portal. … In other Sears news, the company has created the "Blue Crew HQ" site ( for online customer service. … Employees of the Publix grocery chain are receiving training to help them spot fake coupons. … American Eagle Outfitters is jumping into the children's market with 77kids, a clothing brand that will be boosted by stores in some markets. … Best Buy Co. Inc. has launched @Gamer, a magazine aimed at videogame enthusiasts. … Unlimited free wireless Internet access is coming to all U.S. stores operated by Starbucks Corp. as of July 1. … Ford Motor Co. is introducing its new Explorer via Facebook in July. … Men's Wearhouse Inc. is planning to add a female clothing line next year.

Retail sales slide, but sentiment improves
TIME magazine    Share    Share on FacebookTwitterShare on LinkedinE-mail article
The U.S. Commerce Department reported that retail sales for May fell 1.2 percent, a disappointment given that analysts had been hoping for a modest gain. It knocks some of the good feel from Federal Reserve Chairman Ben Bernanke's testimony before the House Budget Committee. But, that said, the May report is not the end of the recovery nor a major deterioration in consumers' propensity to spend. More


Study explores consumer response to advertising across online environments
OPA News    Share    Share on FacebookTwitterShare on LinkedinE-mail article
The Online Publishers Association has released a new research study, "A Sense of Place: Why Environments Matter." Conducted by Harris Interactive, the research sought to understand how consumers perceive content in different online environments, and whether these perceptions impact advertising receptivity and consumer response. Perceptions and responses in three key online environments were assessed: media properties, portal channels and social networks. More


Upfront: Cable hauls 18 percent rise in ad buys
MediaPost    Share    Share on FacebookTwitterShare on LinkedinE-mail article
Top cable networks have completed virtually all of their upfront business — USA, TBS, TNT, A&E and Discovery, to name a few — at modestly strong pricing compared to a year ago. Estimates are now that it could land all cable at $7.7 billion, up 18 percent versus a year ago. More

Nielsen: Americans watch more TV, smartphones on rise
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A new periodic Nielsen three-screen report shows the penetration of devices equipped for video viewing has risen notably over the past year, giving programmers more real estate to generate consumer hunger. Plus, with the traditional "big screen" at home, people continue to spend more time watching. More

Last-Minute Ad Space to Fill?
We have ads from national, direct-response advertisers. Get paid for each call or sale the ad generates in your newspaper. Free service. MORE

Mobile marketing: today's new frontier
Direct Magazine    Share    Share on FacebookTwitterShare on LinkedinE-mail article
Mobile marketing is very much like the inventions and great ideas of the past that have changed the way we do business, live and communicate. In spite of all that has been written about the benefits of mobile marketing, we are still explorers in this new frontier. And no different than in the past, it brings challenges and opportunities that are being discovered every day. More

TV, the 'old medium,' holds its own in an ad spending recovery
The New York Times    Share    Share on FacebookTwitterShare on LinkedinE-mail article
The euro is tumbling, government finances are teetering and consumers are trembling. Across much of Europe, however, advertising spending is recovering, with television, spurned by many marketers during the recession, leading the way. More

Business Models

News Corp. prepares for paid online content
The New York Times    Share    Share on FacebookTwitterShare on LinkedinE-mail article
The News Corporation took several significant steps toward preparing to charge readers for access to its content online. The company said that it had acquired an electronic reading platform called Skiff and had made an investment in a company that was developing pay models for newspapers and magazines. More

Newspapers are finding their niche
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As publishers continue to face the dreary reality of sagging circulation and stagnating revenues, increasing numbers are eyeing the production of niche publications to reach new advertisers and audiences. More

Modesto Bee to sell Search Engine Optimization services?
Modesto Press    Share    Share on FacebookTwitterShare on LinkedinE-mail article
The McClatchy Co., parent company of The Modesto Bee, is experimenting with another form of advertising that is fairly new to the newspaper industry: Search Engine Optimization. More

Out with the dead wood for newspapers
Bloomberg Businessweek    Share    Share on FacebookTwitterShare on LinkedinE-mail article
Well before he began thinking and writing about management, Peter Drucker learned firsthand the joys of journalism and the perils of economic crisis. More


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