HOW TO SERVE LEGAL PAPERS ON THE NEW YORK TIMES COMPANY

Undisputed Legal | New York City Process Service

The New York Times is an American daily newspaper with global outreach, headquartered in New York City.  It was founded in 1851, and since then has earned a hundred and thirty Pulitzer Prizes, which makes it the most successful newspaper of its kind in history. 

The Times has had a history that strongly shaped the current understanding of journalistic ethics and the First Amendment. A watershed moment in the newspaper’s history was its wide coverage of the Pentagon papers wherein the New York Times began publishing excerpts as a series of articles.  Information obtained from leaked documents showed, among other things, that the administration had conducted bombings over Laos, coastal raids in North Vietnam, and offensive military operations by the U.S. Marines prior to being disclosed to the public. and expanded the ambit of the freedom of the press. 

[1.0] HOW DOES THE NEW YORK TIMES COMPANY FUNCTION

The New York Times Company, which is publicly traded, is the media house that owns the New York Times and other publications. The Sulzberger family has controlled the paper since it was established in 1896, thanks to a dual-class share structure when it publicly sold shares. 5th generation of the family: Arthur Ochs Sulzberger Jr. and his father, Arthur Ochs Sulzberger Sr., are the fifth and fourth generations of the family to serve as the paper’s publisher and chairman, respectively.

The participation of the publication in a 1964 libel lawsuit contributed led to the landmark United States Supreme Court decision, New York Times Co. v. Sullivan, that protects freedom of the press. In that case, the Supreme Court of the United States established the ‘actual malice’ threshold for public personalities and public officials, and determined that published reports about such people are defamatory or libelous:  malice must be shown by the plaintiff in a defamation or libel suit. A higher burden of evidence rests thus on the plaintiff. 

The New York Times Company (the ‘Company’) was incorporated on August 26, 1896, under the laws of the State of New York. The company is a global media organization that has developed the brand of a trusted source of news and information for readers and viewers across various platforms. The Company includes newspaper, print, and digital products, and related businesses.

[1.1] HOW DOES THE NEW YORK TIMES CONDUCT BUSINESS

Subscription income is a major source of income for the business, wherein income comes from subscriptions and single-copy sales of the print publication. The money they get from advertising sales is, thus, the primary source of income for the Company. With the advent of the global pandemic, the company has had to put in place more media and digital initiatives while moving forward to position the organization to be more competitive in the digital space. 

The company also invested in expanding its skills in visual, audio, and multimedia journalism, along with many other projects. It launched a  popular daily news podcast, The Daily, which set the foundation for many more podcasts. Additionally, the advertising teams produced new forms of effective advertising for some of the world’s most recognizable companies and even launched a television show. The revenues of the company and its  ‘subscription first model have been incorporated with readers ready to pay for the content.

The news team also uses optical character recognition (OCR) technology that they developed into their own proprietary application called Document Helper to speed up the process of reporting and analyzing numerous documents during preparation for publishing. More than three thousand members of the editorial staff, including many reporters and editors, are thus considered to be part of the NewsGuild-represented newsroom. As a result, in 2021, the Times’s digital technology employees created a union, which the business rejected, choosing instead to seek an exemption via the National Labour Relations Board.

[2.0] HOW TO APPROPRIATELY REFERENCE NEW YORK TIMES’ CONTENT

With the limited exceptions, all use of New York Times content (text, photographs, graphics, video, etc.) requires the prior permission of The New York Times to be utilized. Interestingly, however, one does not need to approach the New York Times to ask permission if the content has been credited to an authorized source since that source often holds the rights to the information. Commonly, however, individuals need to approach the New York Times for permission to use [A.] the text of an article, sometimes not including the imagery, [B.] photos from Redux Pictures, obtainable by specifically emailing the subsidiary, [C.] video clips from Veritone, [D.] use by corporations and academic institutions, which require to be cleared by the copyright clearance center. 

It must be known that even when using the New York Times’ email feature, the same article can be distributed to only up to twenty recipients. However, this feature is expressly barred from being used for profit and is for personal and non-commercial purposes alone. Under certain circumstances, it is permissible to make direct quotes from New York Times articles, whereinafter the context, number, and length of the quotes will determine whether permission can be sought. Direct quotations from New York Times stories may be permitted under these specific conditions. Permission will be needed based on the context, quantity, and length of the quotations.

 It is never permissible to distort the meaning of quotations taken out of context or to blend quotations into new sentences. If a significant proportion of the publication consists of quotations from New York Times stories, the use of these quotes may be considered to be an infringement. Permission requests should always be sent in order to prevent any miscommunication in accordance with the New York City Process Service, especially since the approval of the New York Times is required for any editing or modification of material from the New York Times. 

[3.0] NEW YORK TIMES COMPANY AND ITS SUBSIDIARIES

  1. NYT BUILDING LEASING COMPANY LLC

The NYT Building Leasing Company LLC is a domestic limited liability company that comes under the ambit of the New York Times Group. The entity filed for incorporation on March 3rd, 2009. 

  1. NEW YORK TIMES CONSTRUCTION AND DESIGN INC

The New York Times Construction and Design Inc is an entity of the New York Times Corporation established with the Department of State of New York relatively recently, having its initial filing completed on March 25th, 2013. The entity is entirely New York-based, filing for incorporation in Queens County for the purposes of New York City Process Service.

The New York Times Construction and Design Inc is thus a domestic business corporation entirely coming under New York jurisdiction and requiring the corporation to adhere to rules of New York City Process Service. A business corporation may be formed by filing a Certificate of Incorporation pursuant to Section 402 of the Business Corporation Law. Since this entity does not actually have any registered agent to accept New York City Process Service on its behalf, New York City Process Service on such corporation is often complete when the Secretary of State is served. The Secretary of State then will send one of these copies by certified mail for New York City Process Service to the corporation, with the New York Times Construction and Design Inc itself supplying the address while providing the Certificate of Incorporation which is on file in the Department of State. 

  1. NEW YORK TIMES SQUARE MEDIA LLC

The New York Times Square Media LLC is a subsidiary group of the New York Times Corporation and filed for incorporation with the Department of State on November 3rd, 2010 in the county of Nassau. The entity itself is classified as a Domestic Limited Liability Company that falls under New York jurisdiction for New York City Process Service guidelines to be used.  

New York City Process Service needs to be rendered on the  Secretary of State as an agent of a domestic limited company since the New York Times Square Media LLC does not have a registered agent on record. Consequently, New York City Process Service can be sufficiently done by personally delivering to and leaving with the Secretary of State duplicate copies of such  New York City Process Service with the statutory fee, at the Albany office of the Department of State. The  Department of State then needs to send one of these copies by certified mail with the return receipt requested, to the New York Times Square Media LLC at the address on file in the Department of State.

  1. NYT CAPITAL INC. 

The New York Times Group retains NYT Capital as one of their subsidiaries, which in turn has subsidiaries like  NYT Shared Service Centre and the New York Times Sales Company. Established on `15th January 2009, NYT Capital is one of the few subsidiaries of the New York Times that has not specifically been incorporated in New York. Instead, the entity comes under Delaware jurisdiction and will not necessarily use New York City Process Service guidelines.

However, since NYT Capital is an authorized foreign limited liability company, mostly the same New York City Process Service instructions will be relevant. New York City Process Service is still levied via the Secretary of State, especially as there exists no registered agent to accept New York City Process Service for this company. The  Secretary of State, in turn, promptly sends one of such copies by certified mail, return receipt requested, to NYT Capital at the post office address on file in the Department of State. 

  1. NEW YORK TIMES INVESTOR PARTNERS LP

The New York Times Investor Partners LP is a Domestic Limited Partnership entity that was initiated with the Department of  State on August 8th. 2007. A limited partnership does require a Certificate of Limited Partnership (pursuant to an agreement of the partners) and a Certificate of Publication to be procured to complete incorporation. Further, a limited partnership needs to have a predetermined lifespan, which lasts for the period mentioned in the Certificate of Limited Partnership or until the partnership itself is dissolved.  It must be noted that personal liability is joint and individual for the general partners responsible for the obligations of the partnership although limited partners will just be liable to the extent of their capital contributions to the partnership.

New York City Process Service upon any domestic limited partnership must  be  made  by  delivering  a  copy  personally  to any managing or general agent (which would also include a  general partner of the limited partnership in the state or other authorized officers.)  It should be known at this juncture that the New York Times Investor Partners LP does not have a registered agent appointed. 

  1. NEW YORK TIMES PRESSMEN’S SCHOLARSHIP FOUNDATION, INC.

The New York Times Pressmen’s Scholarship Foundation, Inc. was one of the oldest subsidiaries of the New York Times  Group, with the initial Department of State filing having occurred on November 25th, 1968 under New York jurisdiction and adhering to New York City Process Service regulations. 

Most not-for-profit corporations are exempt from federal and state taxes, although this exemption is not automatic. For the New York Times Pressmen’s Scholarship Foundation, Inc., however, there is an absolute exemption, since the corporation falls within the subset of educational organizations and has qualified for the same.

When a 501(c)(3) nonprofit organization is judged as to whether it is a private foundation, it is assumed to be a private foundation until it has established itself as a public charity. There are generally two methods for determining whether an organization qualifies as a public charity: [A.] the one-third support test or [B.]  the facts and circumstances test. The third option is for an organization to meet the requirements to be recognized as a public charity if it derives a substantial part of its revenue from activities that are related to the performance of the organization’s exempt purpose (such as, earned income).

An organization must normally receive [A.] more than one-third of its support from gifts, grants, contributions, membership fees, and gross receipts from certain permitted sources listed below in order to qualify as a public charity under Section 509(a)(2) or [B.], the organization must not receive more than one-third of its support from gross investment income and other business income less tax. In order for an organization to adhere to these rules, which include the One-Third Support Test and the Not-More-Than-One-Third Support Test, over a five-year period (which includes the current taxable year and four prior taxable years), these criteria must be met: one-third of support must come from qualifying entities in any given year, plus at least one-third of support cannot be from those entities in the prior years. A Certificate of Incorporation must be filed (signed by at least one incorporator) with the Department of State for a not-for-profit corporation, with personal liability being limited for members. Unlike a limited partnership, the business lasts in continuation, unless the Certificate of Incorporation specifically mentions an end to the designated period of the business’ lifespan. 

Although the New York Times Pressmen’s Scholarship Foundation, Inc does not have a registered agent, New York City Process Service may still be forwarded from the Department of State to the authorized officer.  

The New York Times has added specialized sections in addition to the news, opinions, sports, and features since the mid-1970s. After other newspapers had made the transition to six-column formats, The Times nevertheless used a broadsheet set-up and an eight-column format for a number of years. They were also one of the last newspapers to embrace color photography, particularly on the front page. The Times has evolved to be considered a credible point of information references. 

For more information on serving legal papers, contact a New York City Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. In 1971, the Pentagon Papers, a secret United States Department of Defense history of the United States’ political and military involvement in the Vietnam War from 1945 to 1967, were given (‘leaked’) to Neil Sheehan of The New York Times by former State Department official Daniel Ellsberg, with his friend Anthony Russo assisting in copying them

2. New York Times Co. vSullivan, 376 U.S. 254 (1964)

3. “The Daily.” The New York Times, The New York Times, www.nytimes.com/column/the-daily. 

4. Fehr, Tiff. “How We Sped Through 900 Pages of Cohen Documents in Under 10 Minutes.” The New York Times, The New York Times, 26 Mar. 2019, www.nytimes.com/2019/03/26/reader-center/times-documents-reporters-cohen.html?rref=collection%2Fsectioncollection%2Freader-center&action=click&contentCollection=reader-center®ion=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfront. 

5. Iafolla, Robert. ‘NLRB Next Stop for New York Times Tech Workers’ Union Campaign.’ Bloomberg Law, 23 Apr. 2021, news.bloomberglaw.com/daily-labor-report/nlrb-next-stop-for-new-york-times-tech-workers-union-campaign. 

6. Email research@reduxpictures.com or phone 212-253-0399

7.Information may be processed by emailing licensing@veritone.com or visiting commerce.veritone.com/pages/NYT-Collection

8. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O THE NEW YORK TIMES COMPANY

ATTN: GENERAL COUNSEL

620 EIGHTH AVENUE

NEW YORK, NEW YORK, 10018

9. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

NEW YORK TIMES CONSTRUCTION AND DESIGN INC.

3609 MAIN STREET SUITE 201

FLUSHING, NEW YORK, 11354

10. NY LLC L § 303 (2012) § 303. Service of process on limited liability companies.

11. This authorized individual may also be the deputy,  or  any  person  authorized  by  the secretary  of  state  to  receive  such  service

12. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

NEW YORK TIMES SQUARE MEDIA LLC

7 STONEHILL DRIVE

MANHASSET, NEW YORK, 11030

13. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

THE NEW YORK TIMES COMPANY

620 EIGHTH AVENUE

ATTN: CORPORATE SECRETARY

NEW YORK, NEW YORK, 10018

14. NY CPLR § 310-A (2012) 2012 New York Consolidated Laws CVP – Civil Practice Law & Rules

Article 3 – (301 – R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT 310-A – Personal service upon a limited partnership

15. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

NEW YORK TIMES INVESTOR PARTNERS LP

545 EIGHTH AVENUE

SUITE 401

NEW YORK, NEW YORK, 10018

16. ‘General Information.’ Not-for-Profit Property Tax Exemption, www1.nyc.gov/site/nfp/index.page.

17. Relevant Officer

Daniel A McFaul

1 New York Times Plaza, Flushing, 

NY 11354-1200

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