MAGAZINE LAWS

LEARNING OBJECTIVE: Determine the laws that apply to magazine writing.

While Navy journalists are not expected to be legal experts, there are a number of laws that merit your attention.

All writers should be aware of laws concerning defamation, fair comment, the right of privacy, copyright, fair use of the writings of others and plagiarism. This is especially true for magazine writers. The nature of their work makes the possible violation of those laws ever present, and for some, very tempting. Special care must always be taken to avoid these violations.

One area in which you must be particularly cautious is in writing articles containing personal commentary, where a strong possibility of defamation often exists. Another area of concern is in writing articles about people who do not want the attention. In articles of this type, you run the risk of invading someone's privacy. And finally, make sure your research is for information, not for someone else's phraseology. Creative writing means being original. Do not be guilty of copyright infringement or plagiarism. Also, remember that under U.S. copyright laws, anything you write on government time cannot be copyrighted. See Chapter 10 for further information.

Chapter 10 of this TRAMAN addresses the subjects of libel, the right of privacy and copyright laws. An understanding of that material will provide you with sufficient knowledge of those laws and will allow you to write without worrying unnecessarily about them. However, if any doubts or questions arise about those laws, do not hesitate to contact a legal officer for advice.

If you want to write for commercial publications and receive payment for your efforts, you must observe certain rules.

Your writing and research must be done on your own time (after normal working hours or while on leave). It must not interfere or conflict in anyway with regularly assigned duties and may not be done in connection with official duties.

Access to information sources, such as public affairs offices, is available to off-duty Navy personnel just as it is to civilian writers. However, you should remember that any use of DON facilities, equipment or personnel is permitted only in connection with official Navy assignments. Additionally, restrictions on access to classified material that apply to non-Navy professional writers apply equally to you if you are writing for a commercial publication on your own time.

Your off-duty magazine writing must not conflict with the public's receipt of prompt and complete information on government activities through the usual public information media. Further, both the subject matter and the methods of obtaining it must be legal and consistent with accepted standards of conduct.

In certain cases, the restrictions on writing for commercial publications - in connection with official duties - are waived for key DON officials. The term key officials, in this context, refers to flag rank officers, Navy civilian officials GS-16 or higher, and civilian or military personnel whose official assignments are of unusual prominence or authority. Those individuals may be authorized to produce byline writings dealing with national defense plans, policies, programs or operations for specific categories of exclusive publications. Their writings may be printed in official DoD publications or magazines of other government agencies, of course. However, they may also be published, exclusively, in company publications (house organs) or commercially produced service journals, bona fide scientific and professional journals or encyclopedias.

Few businesses are more competitive than the consumer magazine industry. Therefore, a publisher's desire for and insistence on exclusive material are very understandable. The Navy's policy, however, is to avoid favoring one publication over its competitors. It is also Navy policy to make sure all information for the general public is made available through the normally accepted public information media. This policy virtually rules out hard news or "big" stories being written as exclusives by Navy personnel and explains the restrictions on writing for commercial publication

Still, there are official stories you can write for consumer magazines. You just need to be a little selective.

A newspaper account of a rescue at sea operation, for example, could be turned into an exciting magazine article. Even though all the basic facts had been published at the time, a stylized retelling of the event could produce some worthwhile reading.

An approach of this kind would not conflict with the general public's free access to the information. It is also reasonable for you to assume that such a story, no longer an exclusive, would still be of interest to a number of magazine editors. Numerous story possibilities similar to that one are almost always available if you are willing to look for them.

MAGAZINE REVIEW AND CLEARANCE

LEARNING OBJECTIVE: Determine the methods of obtaining a review and clearance for magazine aticles.

While Navy journalists, as well as other naval personnel, are allowed and encouraged to write for magazines, certain restrictions exist that must be considered Permission for Navy men and women to write magazine articles is contained in PA Regs. Also contained in PA Regs are the restrictions in magazine writing and the exceptions to those restrictions.

The restrictions apply to the subject matter of proposed articles and to dealings with commercial publications. Unless proper clearance is obtained, no commitment will be made to furnish any nonofficial publisher with an official or personal manuscript that deals with military matters or has national or foreign implications. Subject matter of that nature includes, but is not limited to, the following:

Information of national interest

Information originated at, or proposed for release at, the seat of government

Information concerning foreign and military policy, atomic energy, guided missiles, new weapons or chemical, biological and radiological warfare

Information concerning subjects of potential controversy between the military services

Material concerning significant policy within the purview of other U.S. government agencies

Information specially designated from time to time by the Chief of Naval Operations, or higher authority, as requiring clearance

Any material about which there is any doubt concerning its security value or propriety should also be submitted for review. Manuscripts requiring review and clearance must be forwarded to CHINFO. The material for review is to be typewritten, double-spaced on one side of each sheet of paper and submitted in quadruplicate. Manuscripts on subjects other than those just described may be offered to a publisher without prior clearance from higher authority. However, published copies of magazine articles should be sent to CHINFO for inclusion in DON files.