FOCUS PatrickHadley Vol.6,Fall24

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PATRICK HADLEY

Dr. Patrick Hadley joined UWG in 2008, after several years as a corporate and government attorney (see page three). An expert in media law and a celebrated teacher, Hadley earned tenure in 2014 and was named associate dean in the School of Communication, Film, and Media in 2024. He lives in Atlanta with his wife Asia, his fourteen-year-old son Alvin James (A. J.), and his twelve-year-old daughter Amira.

As these vintage shots from his highschool yearbook make clear, Dr. Hadley was not only bookish but also devoted to theater, athletics, and choir.

THE LONG &WINDING ROAD TO UWG

’81

JUNE

Graduates from Mifflin High School in Columbus, OH, where he acted; played trumpet in the marching band; started as a forward on the basketball team (he’s 6’ 4”); sang in two choirs; and earned several academic honors.

AUGUST

Enters Case Western Reserve University to study systems engineering, then transfers to Northwestern in junior year. “Industrial and systems engineering was interesting to me,” says Hadley, “because it was described as people engineering—creating efficient applications of technologies in human systems, regardless of the specific industry.”

’85-’92

1985

Enrolls in law school at UCLA.

1988

Hired as attorney at the Federal Communications Commission (FCC) in Washington, D.C. “My main interest was communications law,” says Hadley, “but my engineering background led to my placement not in the mass-media but in the common carrier telecommunications bureau.”

1990

Named assistant vice president and telecommunications counsel for the Citibank Legal Affairs Office in New York City.

1992

Enrolls in doctoral program in the Department of Communications at Ohio State University in his hometown of Columbus, earning Ph.D. in 1997.

iii To say the least, Dr. Hadley has worn many hats during his academic and professional life. Take a look at a few highlights spanning the last forty years or so.

’97-’05

1997

Named visiting assistant professor in the Department of Telecommunication at Michigan State University in East Lansing.

1999

Secures appointment as assistant professor in the Department of Communication at Florida State University in Tallahassee.

2003

Starts position as privacy officer in the Office of HIPAA Compliance for the Indiana State Department of Health in Indianapolis, directing efforts to comply with HIPAA rules protecting the security of medical records.

2005

Hired by the U.S. Department of Health and Human Services in Washington, D.C., as a health information privacy specialist in the Office for Civil Rights.

’08-’24

2008

Named assistant professor in the Department of Mass Communications at UWG. Says Hadley about his appointment in Carrollton, “After five years outside of academia, I wanted to return to working directly with students, and to thinking and researching more deeply about trends in my field.”

2014

Promoted to associate professor with tenure.

2024

Appointed as associate dean in School of Communication, Film, and Media.

PROPS FOR THE PROF

To get a sense of Dr. Hadley as a presence in the classroom, Focus asked a few former students to say a few words about him as a teacher and mentor.

Being Dr. Hadley’s student was a turning point in my educational journey. His deep understanding of media law and his passion for communications helped me to gain knowledge about important topics that are fundamental to a career in the field. The concepts I learned in his course continue to shape my professional life and commitment to ethical communication.

Miranda Hodges ’22 Senior Communications Specialist

University Communications and Marketing

Dr. Hadley was a phenomenal professor during my time as an undergrad, and he remains a professional mentor in my work teaching college students. I always felt comfortable going to him with questions, and I still think about applying to law school because of his media law class.

Shawn Isaacs ’10 General Manager WOLF Radio and WOLF Sports Network

As an undergrad, I took Dr. Hadley’s media law class, which revealed to me the legal intricacies of media, particularly in the social-media landscape. This carried over to graduate coursework, which I took more than ten years later as part of my Digital and Social Media Communication degree. Dr. Hadley has always been a kind and supportive professor who is open to helping his students and providing beneficial mentorship.

L. Reid, ’10, ’24

YOU MAKE THE CALL CAMPBELL V. ACUFF-ROSE MUSIC, INC.

See what you think about the following case that Dr. Hadley often brings up in his media law classes.

Was It Copyright Infringement?

Prior to the release of their 1989 album As Clean as They Wanna Be, Miami-based hop-hop group 2 Live Crew contacted representatives of AcuffRose Music, Inc. (a Nashville music publisher) and asked permission to record another version of Roy Orbison’s 1964 hit “Oh, Pretty Woman.” The request was denied.

But 2 Live Crew leader Luther Campbell (a.k.a. Luke Skyywalker) and his band mates decided nonetheless to release “Pretty Woman,” their risqué revision of the Orbison tune. Almost a year later, after nearly a quarter of a million copies of the recording had been sold, Acuff-Rose filed a copyright infringement suit, prompting 2 Live Crew to argue that the song was a parody of the original and should be a fair use protected under the Copyright Act of 1976.

“There are four elements that a court must consider,” notes Dr. Hadley, “to determine if an unauthorized use of a copyrighted work is a permissible fair use.” These are:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.

Answer

“A federal district court judge ruled that 2 Live Crew’s song was a permissible fair use of the original,” says Hadley, “but the Court of Appeals for the Sixth Circuit reversed, stating that a commercial parody could never be a fair use.”

In 1994, however, the U.S. Supreme Court reversed the Sixth Circuit ruling, finding that it had focused excessively on the commercial nature of the song, which relates to the first fairuse factor, rather than considering all four fairuse factors. In addition, according to Hadley, the Supreme Court opinion emphasized that if “commerciality carried presumptive force against a finding of fairness, the presumption would swallow nearly all of the uses” that Congress intended to authorize under the fair-use doctrine.

BEYOND THE VILLAGE (PEOPLE)

In addition to his recognition as an inspiring teacher, Dr. Hadley also keeps an active research agenda that often examines broad issues related to the granting and protection of information rights in fast-evolving media environments. As a public servant working for the Office for Civil Rights in the U.S. Department of Health and Human Services, Hadley dealt with rules protecting the privacy of personal health information under the Health Insurance

Portability and Accountability Act (HIPAA). These days, however, his academic pursuits tend to focus on the intellectual property rights of creators and their ability to protect, transfer, and monetize copyrights to their content.

Hadley’s current research project, Beyond the Village (People), explores data from the U.S. Copyright Office on the role of race and ethnicity in copyright transfer termination. “I am studying musicians of diverse racial and ethnic backgrounds to see if they are taking advantage of this legal right to regain control of copyrights that were previously transferred to music publishers. I want to review empirical data to learn whether race and ethnicity are factors related to the filing of legal appeals for copyright restoration.”

As Dr. Hadley explains, major amendments to the 1976 Copyright Act went into effect in 1978. Their purpose was to support artists who might have created works at an early stage of their careers and handed over their rights without much bargaining power. “My title Beyond the Village (People),” says Hadley, “relates to the fact that in 2012, Victor Willis— singer and co-songwriter for the Village People—won a court ruling that reestablished his control over copyrights thirty-five years after the 1976 Copyright Act amendments went into effect.” As a result, Willis (a Black artist) is considered the first major songwriter to successfully terminate a copyright grant to music publishers and record labels. “Basically, I am studying what has transpired in this specific area of media law ever since the landmark Scorpio Music v. Willis ruling.”

THE BUZZ ON THE MUSIC BIZ

Music creation has changed dramatically over the past thirty years. Notating, producing, and recording sounds—which used to take extensive training, expensive machines, and dedicated spaces—are now available to virtually anyone with a phone, tablet, or computer. Disseminating printed music and publishing audio files are also much easier these days. As a result, copyright and licensing are more important than ever, and understanding the laws governing music distribution is vital.

As methods of music production and dissemination change, so do the laws, and Dr. Hadley’s research and teaching regularly

explore these developments. It is a complex world to navigate, and UWG is fortunate to have a professor like Patrick Hadley to provide guidance and clarity. I first met Patrick over a decade ago and was immediately struck by his willingness to listen to what my music students, colleagues, and I face when it comes to legal matters in our field. Patrick obviously knows and understands the laws, but he also grasps the human element behind these issues.

Dr. Josh Byrd Director of Bands and Professor of Music School of Visual and Performing Arts

GURU ON GURU

In his 1967 text The Medium is the Massage, communications guru Marshall McLuhan complained that “Our ‘Age of Anxiety’ is, in great part, the result of trying to do today’s job with yesterday’s tools—with yesterday’s concepts.” Given the spread of the internet and the rise of AI, there’s certainly no shortage of new technological tools. But has our anxiety decreased because of these and other innovations? Focus asked Patrick Hadley for his expert opinion on the subject.

While I agree with McLuhan’s observation that technology is transforming our social and personal lives, I think that the increasingly rapid adoption of modern technologies requires a reformulation of his statement. Instead of the “Age of Anxiety” being the result of trying to do today’s jobs with yesterday’s tools and concepts, many of us now feel anxious when we learn that others (our employers, our competitors, our government agencies, our students, for instance) are already using tomorrow’s tools and concepts to tackle today’s jobs. The anxiety lies in fears of being left behind.

One example is the Hollywood writer and actor strikes in 2023 and 2024, which were significantly influenced by the use of artificial intelligence in the film, TV, and video game industries. Writers were concerned that AI would be used to generate scripts. Actors were, and remain, anxious about the use of AI to create digital copies of themselves that could be used for future content without reasonable compensation or consent.

Closer to home, secondary-school and university faculty members are struggling to design grading and course policies to regulate student use of AI-based tools like ChatGPT to prepare assignments such as research reports, term papers, and even art or music projects. The existence of certain groups in society using innovative concepts and tools for jobs—while others are using what are becoming yesterday’s concepts and tools— creates very tangible tensions and conflict in today’s “Age of Anxiety.”

A major reason for the launch of our master’s degree in Digital and Social Media Communication in Fall 2022 was to provide a 100% online graduate education option for professionals, as well as recent graduates, who are employed in social-media-related positions, but have not had formal training

Interestingly, McLuhan’s book title was intended to match his now well-known phrase “the medium is the message,” but McLuhan asked that an error in typesetting be retained to provide an intriguing alternative meaning.

REAL MEN WEAR GOWNS

Prostate cancer is the second most common cancer in men worldwide. According to the U.S. Centers for Disease Control and Prevention (CDC), “Out of every 100 American men, about 13 will get prostate cancer during their lifetime, and about 2 to 3 men will die from prostate cancer.” During Dr. Hadley’s first year at UWG, his father died of the disease, and several uncles and cousins have contracted it.

One of the biggest challenges for men in general, and Black men in particular, is a reluctance to seek regular medical care and to have the tests that identify prostate cancer. Many men are hesitant about the tests and the effects of treatment if cancer is discovered. Studies have shown that men often do not seek medical counsel related to prostate issues

until they notice significant symptoms or until a loved one—usually a woman— persuades them to visit a doctor.

This personal experience led Dr. Hadley to conduct preliminary research on a 2008 federal ad campaign called Real Men Wear Gowns, conducted by the Agency for Healthcare Research and Quality (a unit of Health and Human Services), in partnership with the Ad Council. This campaign urged middle-aged men to increase preventive medical testing, including prostate-cancer screenings.

“While I did not continue that particular research agenda,” says Hadley, “the issue is of ongoing interest to me as I enter my sixties, having been in the high-risk age group for prostate cancer in AfricanAmerican men since my mid-forties.

LEGAL LATIN QUIZ

ad hominen

a. “at a minimum”

b. “at the person”

c. “in the home”

d. None of the above

affidavit

a. “after the deadline”

b. “after life”

c. “he has sworn”

d. None of the above

amicus curiae

a. “friend of the court”

b. “with an aim to help or cure”

c. “with abundant curiosity”

d. None of the above

caveat emptor

de jure

ex post facto

a. “to preempt or forestall”

b “let the buyer beware”

c. “culprit in hand”

d. None of the above

a. “according to the jury”

b. “according to the judge”

c. “according to the law”

d. None of the above

a. “to disseminate the fact”

b. “prior to the fact”

c. “to deny the fact”

d. None of the above

habeas corpus

a. “you shall have the body”

b. “to dispose of the body”

c. “to enlist the military”

d. None of the above

imprimatur

a. “let the matter be primary”

b. “put the matter to rest”

c. “let it be printed”

d. None of the above

All of the above, a. “under penalty”

“at the person”, c. “he has sworn”, a. “friend of the court”, b “let the buyer beware”, c. “according to the law”, d. None of the above (“after the fact”), a. “you shall have the body”, c. “let it be printed”, d. All of the above, b. “by nodding”, a. “law of the place”, b. “in bad faith”, d. None of the above ("way of operating"), b. “for the time being”,

in flagrante delicto

a. “in blazing offense”

b. “caught in the act”

c. “while the offense is still burning”

d. All of the above

innuendo

lex loci

mala fide

modus operandi

a. “at the end of”

b. “by nodding”

c. “deception without remorse”

d. None of the above

a. “law of the place”

b. “locked behind bars”

c. “left to die”

d. None of the above

a. “without the father”

b. “in bad faith”

c. “in good conscience”

d. None of the above

a. “method of singing” (i.e., squeal; rat out)

b. “opening another’s mail”

c. “modesty before the court”

d. None of the above

pro tempore

a. “with extreme temper”

b. “for the time being”

c. “to pour out the truth; confess”

d. None of the above.

sine qua non

a. “without this, that is impossible”

b. “without which not”

c. “an essential requirement”

d. All of the above

subpoena

a. “under penalty”

b. “under the peonies” (i.e., dead)

c. “below the belt”

d. None of the above.

MISSION POSSIBLE

In June of 2024, Dr. Hadley and his son A.J. traveled to Anchorage, AK, with a mission group from Atlanta’s Elizabeth Baptist Church. Partnering with GraceWorks Alaska, a non-profit ministry, and church groups from across the U.S., Hadley’s team volunteered at public parks throughout Alaska’s largest city. They served meals to local people in need; played sports and organized arts and crafts with underserved youth; taught Bible lessons; and hosted neighborhood park parties in the evenings.

Hadley with his son A. J. on their weeklong trip 4,300 miles northwest of Atlanta.
Dr. Hadley poses with a few kids during an arts-andcrafts event in an Anchorage park.

MUSIC MAN

“I’ve always had an interest in bridging the arts, communication technology, and society,” says Dr. Hadley. As a child, he sang in the children’s choir at University Baptist Church, located across the street from the Ohio State University campus. He was a member of bands and choirs from his earliest years in school, playing trumpet and singing in multiple choirs in high school. As an undergraduate at Northwestern, he was part of a gospel choir called the Northwestern Community Ensemble, comprised of students and residents

of neighborhoods near the campus. Today, he sings in a choir called the Mighty Men of Valor at Elizabeth Baptist Church in southwest Atlanta (above). Dr. Hadley notes that “my early participation in music productions gave me valuable experience in teamwork, accountability, discipline, and exerting consistent effort toward achieving individual and collective goals. I’m glad to be able to return to more active involvement in music at this point in my life.”

Dr. Hadley (middle back) in 1975 as a member of the University Baptist Church youth choir. The church still stands on West Lane Avenue in Columbus—a stone’s throw from the campus of Ohio State University.

RÉSUMÉ: PATRICK HADLEY

Previous Employment

Senior Health Information Privacy Outreach Specialist Office for Civil Rights, U.S. Department of Health and Human Services (2005-2007)

HIPAA Privacy Officer Office of HIPAA Compliance, Indiana State Department of Health (2003-2005)

Assistant Professor Department of Communication, Florida State University (1999-2002)

Visiting Assistant Professor Department of Telecommunication, Michigan State University (1997-1999)

Assistant Vice President and Telecommunications Counsel Citibank Legal Affairs Office, New York, NY (1990-1992)

Attorney and Adviser Federal Communications Commission (1988-1990)

Selected Scholarship

Hadley, P. “Beyond the Village (People): An Empirical Study of Race and Ethnicity of Filers of Copyright Termination Notices.” (in progress)

Gant, C. and Hadley, P. (2014). “Microblogging for Class: An Analysis of Affective, Cognitive, Personal Integrative, and Social Integrative Gratifications.” Journalism & Mass Communication Educator, 69(1), 17-32.

Moon, S. and Hadley, P. (2014). “Routinizing a New Technology in the Newsroom: Twitter as a News Source in Mainstream Media.” Journal of Broadcasting & Electronic Media, 58(2), 289-305.

Selected Awards and Recognitions

Outstanding Service Award, College of Social Sciences, UWG, Spring 2016

Selection for Phi Kappa Phi, 1997

Top Paper Award, Communication and Technology Division, International Communication Association, 1996

Focus, vol. 6, Fall 2024

Credits: Cover and internal photos by Julia Mothersole, unless otherwise noted; designed by Kayla Marston; printed by University of West Georgia Print Services. Additional photos and text courtesy of Patrick Hadley.

SCHOOL OF COMMUNICATION, FILM, & MEDIA

Communications, film, and media in the 21st century are concepts that constantly evolve. University of West Georgia’s School of Communication, Film, and Media helps students prepare to be adaptable creators in these industries. Students learn from a diverse group of professionals and scholars and find a rich blend of hands-on activities in cuttingedge experiential learning labs to hone their craft. The School is a recipient of the Regents’ Award for Teaching Excellence and is one of 120 ACEJMC accredited institutions, both hallmarks of education excellence. SCFM is committed to empowering students to communicate clearly, act responsibly, think critically, and understand contexts to enhance their personal, civic,

academic, and professional lives, facilitating active participation in an increasingly diverse society. The School offers undergraduate degrees in Film & Video Production and Mass Communications, a graduate degree in Digital and Social Media Communication, and certificates in Communication in the Workplace and Health Communication. Moreover, SCFM features several award-winning experiential learning labs including bluestone Public Relations, SCFM Productions, The West Georgian, WOLF Radio, WOLF Sports Network, and WUTV.

Learn more about becoming part of SCFM by visiting westga.edu/scfm

The Focus series highlights UWG faculty and staff across the university and celebrates the wealth of contributions they make in serving the mission of our institution.

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