The Managing Editor reports to the Vice President and Director of Marketing (VPDMKT).

Transcription

1 SECTION 21: NATIONAL PARALEGAL REPORTER Missin The Natinal Paralegal Reprter is the fficial publicatin f NFPA. The Reprter s missin is t prvide NFPA members with prcedural and substantive legal articles and timely infrmatin abut the assciatin and the paralegal prfessin. The Reprter is the primary cmmunicatin tl t NFPA members and is the mst tangible member benefit Circulatin The Reprter is circulated t all NFPA members, including vting and affiliate assciatins, sustaining members and subscribers. Cmplimentary cpies are available t a limited audience at the time f publicatin at the directin f the NFPA Bard f Directrs ( the Bard ). Back issues may be purchased frm NFPA s Management Cmpany Reprting The Managing Editr reprts t the Vice President and Directr f Marketing (VPDMKT) Article Guidelines The mst cmmn articles being cnsidered are n substantive areas f law and hw t perfrm paralegal duties as it relates t thse areas f practice. Thse articles that ffer readers new insights int the varius practice areas in an easy-t-read frmat are the mst helpful. Cnsideratin is given t whether the subject matter has been cvered in previus issues r in the Reprters Departments. Articles previusly appearing in ther law r paralegal related publicatins may be published/reprinted at the discretin f the Managing Editr and/r the NFPA Bard f Directrs. If yu want infrmatin as t whether yur tpic wuld be cnsidered, cntact the Managing Editr. All articles will be written using the Assciated Press (AP) Guidelines. After each article, the authr s bigraphy, including and pht will appear. The bigraphy cnsists f the authr s name, emplyer, city, state and paralegal assciatin affiliatin (if available). The Editr may als chse t publish a disclaimer indicating that the view f authrs des nt represent NFPA s and publicatin des nt cnstitute an endrsement by NFPA. Fr additinal details regarding these guidelines, see Sectin Respnsibilities The Bard: The Bard is ultimately respnsible fr the Reprter. N individual member f the Bard may dictate the cntent f the magazine. Change t the prcedures must be dne at the majrity cnsent f the Bard. Vice President and Directr f Marketing: The VPDMKT is respnsible fr the direct supervisin f the Reprter. The VPDMKT s main respnsibility is t see that the prcedures utlined in this sectin are carried ut. The VPDMKT will review and apprve each issue prir t printing. By fllwing these prcedures, the VPDMKT can ensure the Reprter as a publicatin is a member benefit and nt a bard publicatin. Specifically, the Reprter will nt be used t present nly ne view pint n a plicy matter nt yet adpted by the member assciatins, with the exceptin f the President's Clumn.

2 The Bard has a cntract fr services fr the publicatin f the Reprter. Said cntract will be apprved by the Bard and will be based n the NFPA Annual Budget. Editrial Cmmittee: The Editrial Cmmittee will prvide the Bard with annual themes. The Editrial Cmmittee will als assist with recmmending authrs, departments, newswrthy tpics and ther timely infrmatin regarding the paralegal prfessin. The Bard is respnsible fr final apprval f thse themes. Managing Editr, Editr, Prductin Manager and Advertising Executive: Currently all f these areas are handled by ROI Marketing Services. Duties fr each area are utlined belw. The Managing Editr is respnsible t: 1. Recruit authrs fr cver and feature articles, including members, nn-members, and prfessinal writers. It is NFPA s plicy nt t pay authrs since prfessinal recgnitin and a cntributin t the prfessin is its wn reward. Paid writers may be slicited by the Managing Editr. When a paid writer is warranted, and the expense is within the Reprter budget, it may be apprved by the President. 2. Request and receive department and ther special articles, with assistance frm the VPDMKT, Bard members and Crdinatrs. 3. Respnd t writers when an article is nt acceptable. 4. Apprve all graphics and ensure the advertisements are acceptable. 5. Answer requests fr reprint permissin, using Exhibit B as the standard. 6. Update the Article Guidelines given t prspective writers, Exhibit C. The Managing Editr is respnsible fr btaining articles, hwever, the Bard shuld prvide assistance and input. The Editr is respnsible t: 1. Review all articles t determine if they meet the Reprter criteria, edit articles as needed and prepare fr the prfreaders review. 2. Incrprate edits frm the prfreaders. 3. Review the articles after placement in the layut, and edits received frm the prfreaders in the secnd rund f editing. 4. Incrprate final edits, apprve, and release t the printer. The Editr has the authrity t reject articles nt meeting the prfessinal standards set fr the magazine. If an article needs substantial edits, the Editr will wrk with the Authr t mdify. If the article being edited is the President s Clumn r a Vice President article, the same review prcess will be initiated. If, hwever, the edits are nt acceptable t the Authr, the President s decisin will stand fr bth clumns. The President, hwever, will nt be able t extend the clumn size, deadlines r change wrding, grammar r punctuatin that d nt meet the Assciated Press (AP) Guidelines. The Prductin Manager is respnsible t: 1. Develp the layut based n the advertisements and articles. 2. Select graphics t prvide interest t the reader. 3. Receive and place ads in each issue. 4. Incrprate edits.

3 5. Prepare the final dcument fr the printer by preparing PDF/pstscript files. 6. Prepare the Editr s clumn. The Editr s clumn will be a review f the magazine theme and/r ther apprpriate message. The Advertising Executive is respnsible t: 1. Cntact current and ptential advertisers t request ads fr the Reprter. 2. Handle written prpsals and prmtins, and develping and presenting Reprter media kits. 3. Ensure advertisers are crrectly billed, n a timely basis. 4. Prvide the Bard with a recrd f the ads sld fr each issue. Prf Readers: ROI Marketing Services will manage the prfreading prcess, by hiring prfreaders r recruiting vlunteers. NFPA will prvide at least ne prfreader t aid in the accuracy f the publicatin. NFPA s prfreader is additinally respnsible fr the technical legal vcabulary. Circulatin Manager: The Management Cmpany handles the administratin f the Reprter mailing list. The mailing list includes lcal assciatin members, sustaining members, student members, paid subscribers, and cmplimentary cpies. This list is updated as changes are prvided. Vice President and Directr f Marketing: The VPDMKT will review the edited cpy fr each issue prir t publicatin. President: The President will review the edited cpy fr each issue prir t publicatin. The President reviews the magazine t ensure all is in cmpliance with NFPA plicy. The President is nt respnsible fr article cntent r prfreading. Reprter Editrial Cmmittee: The Reprter Editrial Cmmittee will cnsist f five NFPA members, ne persn frm each NFPA regin. It is recmmended each have experience in jurnalism r have been an editr fr an NFPA member assciatin newsletter. The NFPA Bard will appint individuals t the Editrial Cmmittee fr a ne-year term. Thse interested in being appinted must cmplete the Crdinatr Interest Frm. The Reprter Editrial Cmmittee is respnsible t: 1. Assisting the magazine s Editr in recmmending themes fr future issues. The NFPA Bard will apprve themes each year. 2. Recruiting authrs and prviding names and cntact infrmatin t the Editr. The final selectin f authrs and articles remains the duty f the Editr. 3. Encuraging assciatins within their regin t prvide infrmatin fr each issue A. Editrial Crdinatr: Reprting: The Editrial Crdinatr shall reprt t the Vice President and Directr f Marketing. Term f Office: The Crdinatr will be appinted by the Bard as prvided in Sectin

4 8.4. f the Bylaws. Duties and Respnsibilities: 1. The Editrial Crdinatr shall chair the Editrial Cmmittee, as set frth belw. 2. Meet with the VPDMKT and Managing Editr t review and discuss the prcesses in putting tgether and publishing the Reprter (may require travel t the publishing cmpany site). 3. Wrk with the NFPA Bard f Directrs and Managing Editr as directed herein; and as may be further requested by the VPDMKT/Bard f Directrs. Editrial Cmmittee: The Editrial Cmmittee shall be cmprised f the fllwing individuals: 1. The Editrial Crdinatr, Chair. 2. At least ne individual frm each Regin. These reginal representatives will be slicited by the Regin Directrs t serve n the Cmmittee fllwing the appintment f the Editrial Crdinatr by the Bard. In the event f resignatin r remval f a member frm the Editrial Cmmittee, the apprpriate Regin Directr will be cnsulted fr a new nminee if needed. 3. The Vice President and Directr f Marketing. 4. The President, ex ffici. 5. The Managing Editr. Purpse: The purpse f the Editrial Cmmittee is t prvide the Bard with annual themes fr the Reprter. Hwever, the Bard is respnsible fr final apprval f the prpsed themes. The Editrial Cmmittee will als assist with recmmending authrs, departments, newswrthy tpics and ther timely infrmatin regarding the paralegal prfessin. Cmmittee members are als encuraged (but nt required) t write and submit articles. Reprting Respnsibilities: 1. The Crdinatr will prepare frmal written reprts fr distributin befre r at the Annual Meeting. The reprts will be directed t the VPDMKT and will cntain infrmatin regarding the cmmittee s charges, activities and recmmended charges fr the next fiscal year. 2. The Crdinatr will cmmunicate either frmally r infrmally with the VPDMKT n at least a mnthly basis cncerning the activities f the cmmittee Expenses Reprter revenue and expenses are included in the NFPA budget. The VPDMKT and Treasurer will mnitr this budget t ensure. If any expenditure exceeds the budgeted amunt, the Managing Editr will infrm the VPDMKT and Treasurer prir t initiating the bligatin. Budgeting is difficult because increased advertising revenues can lead t larger issues which cst mre t prduce, but actually bring in mre mney. Any increased csts f prductin must be ffset by increased incme and cleared thrugh the VPDMKT and Treasurer. New bids fr desktp publishing and printing services shuld be btained peridically t assure that surces remain cmpetitive and t keep quality and service high. Hwever, it is preferable t establish lng-term relatinships with quality suppliers such as designers and printers.

5 21.7. Design and Frmat The Reprter must be prfessinally designed and prduced. Issues shuld include cver, feature and department articles. Each issue will vary and departments may include any f the fllwing: Making News articles cvering plicy matters, law related assciatin activities, case law and legislative activities. INSIDE NFPA articles abut NFPA activities and assciatins. Technlgy articles that prvide technlgy related infrmatin Paralegal Prfile - prfiling paralegals within a specific area. Letters t the Editr letters will be printed if received signed, and if apprpriate. Internet articles written by the Technlgy Crdinatr r a technlgy driven individual. Pr Bn Department articles abut recent and upcming events r activities. Ethics articles cvering tpics affecting paralegals. Assciatin Updates articles abut recent r upcming NFPA Assciatin events Schedule The Reprter is published fur times each year. Deadlines fr submissin f articles and ads are listed n the website. If articles fr departments are nt received n a timely basis, the space will be used fr a feature r cver article. A PDF versin f the Reprter will be psted n the NFPA website, withut advertising. The President will wrk with the NFPA Bard, and the Managing Editr t determine the exact cntent f the n-line versin Advertising The advertising plicy is that each issue will nt cntain mre than 50% advertising including NFPA advertising and excluding NFPA prmtinal pages. Advertising is accepted in the Reprter fr tw purpses: t prvide revenue t decrease the demand n dues incme and t supplement the Editrial by prviding infrmatin n services and prducts f interest t paralegals and thers in the legal cmmunity. The Editr and the Advertising Executive will review advertising rates each year prir t the NFPA Summer Bard Meeting. If an increase in the ad rates is advisable, then the Editr will ask NFPA s President and Treasurer t recmmend that the Bard apprve the rate increase, which wuld be effective fr the fllwing calendar year. The ad rates and mechanical specificatins are published in the rate card ("Media Kit"). Each year the Managing Editr and Advertising Executive must review the media kit fr the upcming calendar year. The new media kit will be available n the web, as a PDF and as a hard cpy if needed. See the rate card fr ad specificatins. The Advertising guidelines are: 1. Advertisement cannt be cntrary t NFPA plicy. 2. Prfessinal rganizatins - cannt be in direct cmpetitin with NFPA. Knwn

6 rganizatins which are in direct cmpetitin include, but are nt limited t, NALA, NALS and AAPI. 3. Educatinal prgrams - advertisement will be accepted frm a) ABA Apprved Paralegal Educatin Prgrams, b) Paralegal Educatinal Prgrams which are members f AAfPE, c) Paralegal Educatinal Prgrams which meet the NFPA Minimum Educatinal Criteria, cmpleted the NFPA paralegal Prgram Membership Checklist and the Checklist has been cmpleted and apprved by Educatin Crdinatr. d) Distance learning ptins are acceptable if they meet at least ne f ptins 1 thrugh 3. e) The advertisement cannt cntain r reference the term "certified." 4. Services - preference will be given t legal service prviders. 5. Prducts - must be useable by prfessinals r in a prfessinal envirnment. Prducts targeted slely t wmen may cmprise n mre than 10% f ttal advertising. Prducts shuld nt be direct exclusively t anther prfessin. 6. Publicatins - cannt cntain materials cntrary t NFPA plicy. Publicatins knwn t cntain materials cntrary t NFPA plicy include, but are nt limited t, NALA Facts & Findings and publicatins f NALS and AAPI. NFPA will accept advertising relating t, but nt limited t, the fllwing: prfessinal apparel, study assistance prgrams/tutring, insurance cmpanies, medical facilities, autmbile ads, entertainment/equipment, and public services (special Olympics). NFPA may nt accept advertising relating t r referencing the fllwing: fd prducts/diet aids, grming aids, tbacc prducts, alchlic beverages, sexual aids, and dating services Cpyright Permissin Prcedures See Exhibit D fr Cpyright permissin Editrial Guidelines NFPA reserves the right t determine the articles that are accepted fr print in the Natinal Paralegal Reprter. The mst cmmn articles being cnsidered are n substantive areas f law and hw t perfrm paralegal duties as it relates t thse areas f practice. Thse articles that ffer readers new insights in t the varius practice areas in an easy-t-read frmat are the mst helpful. Cnsideratin is given t whether the subject matter has been cvered in previus issues r in the Reprter's Departments. If yu want infrmatin as t whether yur tpic wuld be cnsidered cntact the Editr at editr@paralegals.rg. When submitting a feature t The Natinal Paralegal Reprter, please adhere t the fllwing frmat and grammatical rules and AP Style Guidelines: If the article has nt been written and yu wish t determine whether there is interest, submit an utline via t editr@paralegals.rg. The Reprter will accept articles frm vendrs that are nn-advertising in nature and prvide substantive legal r prfessinal infrmatin. Authrs shuld include cntact infrmatin, including name, address, telephne and fax number and address, and a shrt bigraphy (abut ne paragraph) naming the

7 firm and city where yu wrk, yur psitin, and yur prfessinal credentials and acclades. A high-reslutin black and white r clr pht shuld be prvided by mail r . Articles can vary in length, but cver articles shuld be 1,500 2,000 wrds; feature articles shuld be 1,000 1,500 wrds; department articles shuld be up t 1,000 wrds, unless specifically requested by publisher/editr r previus agreement between authr and publisher/editr. Reprint permissin shuld be given when the article is submitted. The authr may cpyright the article befre submissin. Articles shuld be duble-spaced and have ne-inch margins. This allws editrs and prfreaders t make crrectins mre clearly and prepare cpy fr layut. Articles shuld be submitted electrnically t editr@paralegals.rg. Acceptable frmats are Wrd r WrdPerfect. All frmatting shuld be intact in the riginal dcument when submitted. Articles may be accepted at the discretin f the Editr. Since italics d nt transfer via , please use qutatins t designate. It is recmmended that articles be submitted using a 12-pint fnt. Articles shuld be spell-checked and edited fr grammar befre submissin. It is recmmended that articles be written in the active and present tense. Subheads shuld be used t break up the flw f cpy and t prvide interest. The authr must btain permissins fr use f cpyrighted material (i.e. charts frm surveys, etc.) Names and telephne numbers/addresses f all surces quted in articles must be prvided fr fact-checking purpses. If infrmatin is btained frm written material, please include a cpy f the material fr prfreading purpses. Avid these cmmn manuscript errrs: Spell ut numbers less than 10. Use digits fr numbers f 10 and mre. Set bk, magazine, and mvie titles in italics. (If yu d nt have italics n yur keybard, underline cpy t indicate italics.) Als italicize names f specific cases, such as Brand v. UPS 695 F.2D 723 (1960). Enclse titles f feature stries, news stries, jurnal articles, essays, shrt stries, and pems within "qutatin marks." Always place cmmas and perids befre the end qutatin mark -- even if quting nly ne wrd in a sentence. Fr instance, I will nly qute the final wrd in this sentence, "paralegal." Place questin marks accrding t their use. Fr instance, Why wuld we qute the wrd, "paralegal"? But a questin mark runs befre the qutatin mark if the entire sentence r phrase is a questin, such as, "Shuld I qute the wrd, paralegal?" Use traditinal state abbreviatins, such as Calif. fr Califrnia, when using a state with a city. Use the entire wrd (Califrnia) t designate a state by itself. Use pstal abbreviatins nly fr a cmplete address, e.g., 695 Harvard Bulevard, Ls Angeles, CA Capitalize nly fficial titles, such as Clrad Attrney General r U.S. Secretary f State. Use lwer case type fr generic titles, such as legal assistant, administrative assistant, general manager, president, and s frth. If a specific title runs befre a persn's name, such as Senatr Rbert Dle, capitalize the title. But use lwer case in "Rbert Dle is a senatr."

8 A business r an rganizatin, such as NFPA, is an "it." D nt refer t ne f them as "they." "They" refers t members, s a writer must mentin NFPA members befre referring back t them as "they." Ftntes are nt used; incrprate these int text. Please nte that Reprter s Editr may crrect r change cpy t fit the magazine s frmat and style. The Editr will cntact yu abut majr revisins.

9 EXHIBIT D Overview. Cpyright law gives the wners f cpyright (writers, artists, and publishers) the sle right t allw thers t reprduce all r part f their wrk, t distribute cpies, t prepare new versins based n the riginal wrk and t display the wrk publicly. Cpyright prtectin includes published and unpublished wrks. The fact that the authr is deceased r that the wrk is ut f print des nt affect its cpyright prtectin. Cpyright prtectin is available fr riginal wrks. Prtectin fr wrks created n r after January 1, 1987, begins at creatin and lasts until 50 years after the authr's death. If the creatr f the wrk is an emplyee r if the wrk was specially cmmissined as an instructinal text r ther purpses, cpyright prtectin lasts fr 75 years frm the date f first publicatin r 100 years frm its date f creatin, whichever date expires first. Wrks created by an emplyee within the scpe f his emplyment are cnsidered "wrk fr hire" and the publicatin (such as the Reprter) is cnsidered the wner f the cpyright unless the emplyee-writer has cntract rights t the cntrary. Wrks created prir t January 1, 1987 are prtected althugh the duratin f cpyright may vary frm the perids described abve. Registratin. Registratin with the Cpyright Office is nt required fr a wrk t be prtected. Fr wrks infringed prir t March 1, 1989, the cpyright must be registered with the Cpyright Office befre the wner can sue the infringer. Once the wrk is registered, suit can be brught fr infringements which ccurred prir t registratin. Fr sme wrks infringed after March 1, 1989, registratin prir t the suit is nt required. Hwever, registratin prvides certain advantages including the ability t receive attrney's fees and statutry damages. Cpyright prtectin extends t many types f wrk such as literary, dramatic, musical, pictrial wrk, graphic wrks, sund recrdings, mtin pictures, audi-visual wrks, vide cassettes, fact wrks, cmputer prgrams and databases. Cpyright prtectin des nt include ideas, prcedures, prcesses, systems, r cncepts althugh literary r ther frms f expressin f these ideas are cvered by cpyright. New Cpyright Law. A prvisin in the new cpyright law requires the publisher t depsit with the Library f Cngress tw cpies f all materials published in the United States, including wrks published with ntice befre March 1, 1989 and all wrks (with r withut ntice) n r after March 1, These depsits shuld be made within three mnths after publicatin. The tw cpies f the issue must be submitted with a registratin statement. (If the depsits are nt made, the Register f Cpyrights can demand that a depsit be made. Failure t cmply can result in a $250 fine fr each vilatin and repeat vilatins can result in fine up t $2,500.) The Fair Use Dctrine. The "Fair Use" dctrine permits the use (in limited situatins) f cpyrighted wrk including reprducing prtins f that wrk, withut the cpyright wner's permissin. Fur factrs determine whether a use falls under the "Fair Use" dctrine as fllws: 1. The purpse and character f the use, including whether such use is f a cmmercial nature r is fr nnprfit educatinal purpses; 2. The nature f the cpyrighted wrk; 3. The amunt f the wrk used in relatin t the cpyrighted wrk as a whle, and; 4. The effect f the use in questin upn the ptential market fr r the value f the cpyrighted wrk.

10 Nne f these factrs alne will determine the Editr's right t use cpyrighted wrk withut permissin. Educatinal use alne is nt sufficient t make the use a fair ne. Wrks in the public dmain may be freely cpied. Hwever, cllectins and edited versins f wrks in the public dmain may be prtected. Public dmain wrks include wrks that have never been subject t prtectin and wrks whse prtectin has expired. Fr wrks distributed prir t March 1, 1989, absence f cpyright ntices des nt mean that the wrk is in the public dmain. Fr wrks distributed n r after March 1, 1989, ntice is nt required s yu cannt assume these wrks are in the public dmain either. Hw t Obtain Permissin: Determine wh wns the cpyright. Check the page cntaining the cpyright ntice and the acknwledgment page. If the address f the publisher is unknwn, it may be btained in publicatins such as the American Bksellers Assciatin's Publisher's Directry r frm the reference department at the public library. If it is nt clear wh wns the cpyright, cntact the publisher f the riginal wrk. Absence f cpyright ntices des nt mean that the wrk may be freely cpied. Write t the wner f the cpyright requesting permissin fr the reprint. The letter shuld state: 1. The title, authr (r Editr), riginal publicatin date and editin (if applicable); 2. Exact material t be reprinted; 3. When publicatin f the reprint is desired and the name f the publicatin ding the reprint; 4. Name r rganizatin (stating nn-prfit status) respnsible fr publishing the reprint; 5. D nt ask fr blanket permissin -- ask fr ne time reprint right. 6. Include a return address and telephne number fr respnse. 7. Send the request t the cpyright wner at least three mnths prir t the Reprter deadline fr submitting cpy t the Editr. The Editr must build in sufficient lead time fr the cpyright wner t respnd. If the Managing Editr requests permissin fr a reprint and des nt receive a respnse, the Managing Editr cannt assume that permissin is granted r waived in any way. If the Managing Editr is asked fr permissin t reprint an article riginally published by the Reprter, the Managing Editr will tell the requesting party that they must btain permissin frm the authr first. If the authr agrees t the reprint, then the requesting party must include permissin language fllwing the article as fllws: "Reprinted with permissin. Cpyright Natinal Federatin f Paralegal Assciatins, Inc. (Insert year.)" NFPA will nt grant permissin t reprint the article fr any cmmercial r fr-prfit use, except fr the cntinuing rights retained by the riginal authr.