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Motorcycles, Satanic Sculptures, and Girl Scouts, Oh My! – Entertainment Law Update Episode 103

Gordon P. Firemark

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link]. Here's what we talked about. 9th CIRC. DENIES CBS A REHEARING in Pre ‘72 Recordings Case. AMERICAN AIRLINES LOGO DENIED COPYRIGHT PROTECTION. PSA: MISCHIEF IN THE TRADEMARK SERVERS. STURGIS MOTORCYCLES V RUSHMORE PHOTO & GIFTS.

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The TAZ, Pirate Utopias and YouTube’s Obsession with Safe Harbors

Music Technology Policy

“[A]s you begin to act in harmony with nature the Law garottes & strangles you – so don’t play the blessed liberal middleclass martyr – accept the fact that you’re a criminal & be prepared to act like one.” ” Hakim Bey from “ T.A.Z.: The Temporary Autonomous Zone, Ontological Anarchy, Poetic Terrorism”.

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Gordon P. Firemark, Attorney at Law Receives 2018 Los Angeles Award

Gordon P. Firemark

Press Release. FOR IMMEDIATE RELEASE. Gordon P. Firemark, Attorney at Law Receives 2018 Los Angeles Award. Los Angeles Award Program Honors the Achievement. LOS ANGELES October 24, 2018 — Gordon P. Firemark, Attorney at Law has been selected for the 2018 Los Angeles Award in the Attorney category by the Los Angeles Award Program.

The First Rule of Lawfare: Is Google’s Active Measures Campaign on Article 13 a Trial Run for Election Meddling by a US Non-State Actor?

Music Technology Policy

Well, I wake up in the morning. Fold my hands and pray for rain. I got a head full of ideas. That are drivin’ me insane. It’s a shame the way she makes me scrub the floor. I ain’t gonna work on Maggie’s farm no more. From Maggie’s Farm, written by Bob Dylan.

Offering Flat-Fee, Limited-Scope Legal Help, New Site Sounds Like Avvo Legal Services, But with Key Differences

Media Law

In July, six months after acquiring Avvo , Internet Brands said it was shutting down Avvo Legal Services , the controversial program that provided fixed-fee, limited-scope legal services through a network of attorneys and that had raised the ire of many an ethics regulator.

Keller on Internet Platforms: Observations on Speech, Danger, and Money @daphnehk @StanfordCIS

Media Law Prof Blog

Daphne Keller, Stanford Law School Center for Internet and Society, has published Internet Platforms: Observations on Speech, Danger, and Money as Hoover Institution's Aegis Paper Series; 1807 (2018). Here is the abstract. Policymakers increasingly ask Internet platforms like Facebook to

Buzzfeed News profiles Marc Randazza and explores his high-profile, controversial cases

The Legal Satyricon

Marc Randazza, the lawyer working to protect First Amendment rights of people spewing socially undesirable speech, recently opened up to Buzzfeed News about his devotion to the First Amendment and how representing neo-Nazis, trolls, and Satanists helps him uphold what he believes is one of the most important ideals this country was founded upon. The […]. ethics First Amendment free speech internet law law practice misc

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Project Provides Access to All U.S. Case Law, Covering 360 Years

Media Law

Launching today is the capstone to a massive project executed over the last three years to digitize all U.S. case law, some 6.4 million cases dating all the way back to 1658, a span of 360 years. The Caselaw Access Project site launching today makes all published U.S.

Rieger on Digitizing the Schoolhouse Gate @UFLaw

Media Law Prof Blog

Joshua Rieger, University of Florida College of Law, has published Digitizing the Schoolhouse Gate: Protecting Students' Off-Campus Cyberspeech by Switching the Safety on Tinker's Trigger at 70 Florida Law Review 695 (2018). Here is the abstract. Secondary-school students regularly engage

Absentee ballots missing birth dates must be counted, judge orders

Communications And Entertainment Law Blog

" A federal judge has ruled that Georgia counties must count absentee ballots even if the voter’s date of birth is incorrect or missing, and he is preventing the state from finalizing election results until that happens. Although U.S.

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Do this for your business before the holidays get in the way.

Gordon P. Firemark

Thanksgiving, and the Winter holiday chaos that ensues are just around the corner. Once they arrive, most non-retail businesses can expect things to go into a sort of “standby” mode until after the new year. the entertainment industry, in particular, goes pretty quiet at this time of the year. A few to-dos. So, before the holidays really start getting in the way, here are a few to-do items you might consider to make sure your business hits the ground running in the New Year.

New Leader at Needles Signals New Direction for this Case Management Company

Media Law

In a move that signals a new strategy for Needles, a company that provides case-management software for plaintiff-focused law firms, its owners have named a new leader to take charge of the brand and oversee the launch of its cloud version.

Geiger, Frosio, and Bulayenko on The EU Commission's Proposal To Reform Copyright Limitations @GCFrosio

Media Law Prof Blog

Christophe Geiger, Giancarlo Frosio, and Oleksandr Bulayenko, all of the University of Strasbourg, CEIPI, have published The EU Commission’s Proposal to Reform Copyright Limitations: A Good but Far Too Timid Step in the Right Direction at 40 European Intellectual Property

The Vote Counts in Florida and Georgia Bring a Touch of Fairness to a Dysfunctional Election Day | The New Yorker

Communications And Entertainment Law Blog

"A week past the midterms—as citizens in Georgia and Florida fight to have every vote tallied—is a good time to remember that there is no explicit right of universal suffrage in the U.S. Constitution. From the start, the franchise was defined by who could not, rather than who could, vote.

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Hey Alexa – Remind Me How Much You Are Increasing My SoundExchange Music Royalties

Broadcast Law Blog

At almost every broadcast conference, there is a discussion of using Alexa, Google Home and other smart speakers and digital assistants to increase the reach of broadcast radio stations. Discussions of how to get listeners to tune in and how to monetize the listeners on these new platforms are regularly included. But rarely is there a discussion of the music royalty impact of transitioning radio listeners to these digital platforms.

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What’s the Agenda at @TheAgenda?

Music Technology Policy

Google’s European charm offensive on “Article 13” has come to Canada in search of earned media. They got it last night on a previously-credible news show called The Agenda in the “ Struggling Artists and Copyright Rules ” episode. (For readers outside of Canada, the Agenda is one of the top news magazine television programs in Canada, hosted by the erudite Steve Paikin.).

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Just-Launched WindTalker Offers A Unique Approach to Document Encryption and Redaction

Media Law

Two months ago, I reported on a preview I’d seen of WindTalker , describing it as a document-security product unlike anything I’d seen. This week, WindTalker makes its formal debut, launching as a cloud-based content-security platform with an initial focus on the legal sector.

Szabados on Conflicts Between Fundamental Freedoms and Fundamental Rights in the Case Law of the CJEU @eotvox_uni

Media Law Prof Blog

Tamás Szabados, Eötvös Loránd University, Department of Private International Law and European Economic Law, is publishing Conflicts Between Fundamental Freedoms and Fundamental Rights in the Case Law of the Court of Justice of the European Union: A Comparison With the

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FBI finds increase in number of hate crimes reported

Communications And Entertainment Law Blog

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WSJ Article on Geolocation Data Highlights Risks for Fund Managers

New Media and Technology Law

Last week the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about 1,000 apps that fund managers use to predict trends involving public companies. However, as we’ve noted , the use of alternative data collection for investment research purposes may give rise to a host of potential issues under relevant laws.

Preserving the Bond

Music Technology Policy

France can be deceptively cold and really rather miserable in the late fall. This can be particularly true of the French mountains and the Vosges Mountains are no exception.

Legal Tech Entrepreneur and Blogger Ivy Grey Joins WordRake

Media Law

Ivy B. Grey , a well-known legal technology entrepreneur and blogger, has joined legal-editing software company WordRake as director of business strategy, the company is announcing today. Grey will be responsible for helping to accelerate WordRake’s growth and further develop the software.

Wischmeyer on The German Network Enforcement Act 2017

Media Law Prof Blog

Tonight's Winner: Congresswoman-Elect Jennifer Wexton (D-VA) | "Midterm exit polls show that health care was the number one issue for voters. And now that Democrats have won the House, they are promising to protect Obamacare. Congresswoman-elect Jennifer Wexton joins Lawrence with a voter who helped her win: mom and “health care voter” Tasha Nelson" The Last Word

Communications And Entertainment Law Blog

FCC Reminder About Activation of the Online Public Inspection File – Potential Impact of Noncompliance at License Renewal Time

Broadcast Law Blog

By March 1 of 2018, all radio stations were to have activated their online public file. We wrote about how that activation should be done here , and answered other questions about the online public file for radio here. Yet, from my own review, and from what I have heard from engineers who conduct reviews of broadcaster’s FCC compliance for the Alternate Broadcast Inspection Programs sponsored by state broadcast associations, there remain stations that have not yet complied with the requirement.

See SPOT Fall–Does the Decline of Spotify’s Stock Price Mean Anything? — Music Tech Solutions

Music Technology Policy

What’s happening with the Spotify stock price? Chris Castle argues that the main downward driver for SPOT is the market catching up to the Spotify inflated DPO price and its subsequent insider-heavy stock sales. via See SPOT Fall–Does the Decline of Spotify’s Stock Price Mean Anything?

Results Are In: The Microsoft Office 365 eDiscovery Challenge Survey

Media Law

Hidy on Social Media Use and Viewpoint Discrimination @xuwcb

Media Law Prof Blog

Kathleen Hidy, Xavier University College of Business, is publishing Social Media Use and Viewpoint Discrimination: A First Amendment Judicial Tightrope Walk With Rights and Risks Hanging in the Balance in the Marquette Law Review. Here is the abstract. This Article

Report: Trump played key role in payments to Stormy Daniels, Karen McDougal

Communications And Entertainment Law Blog

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FCC Opens Settlement Window for Mutually Exclusive LPTV and TV Translator Applications from the Special Displacement Window

Broadcast Law Blog

Please take the New Survey on Music Subscription Royalties

Music Technology Policy

Please spend a few minutes and take our "Artist Fans on Artist Royalties" survey. Your feedback is important! link] #irespectmusic. — Editor Baker (@MusicTechPolicy) November 3, 2018. Ethical Pool Surveys Fan Awareness Subscription Royalties

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Fastcase CEO Explains Why He Acquired A Dormant Legal News Site

Media Law

On the surface, the Fastcase acquisition of legal news site Law Street , reported here yesterday , may seem puzzling, given that the site has been dormant for more than a year. But Ed Walters, Fastcase CEO, says there were good reasons for the acquisition. Speaking by phone last night, Walters said that expanding into legal news is consistent with Fastcase’s ongoing mission to become as robust a legal research platform as LexisNexis and Westlaw.

Tudon on Net Neutrality (A Primer)

Media Law Prof Blog

Jose Tudon M., ITAM Business School, has published A Primer on Net Neutrality. Here is the abstract. The Economist puts it best: “The details around network neutrality, the principle that internet-service providers (ISPs) must treat all sorts of web traffic

Newly Elected Native Congresswomen Deb Haaland on Climate Change and Sup.

Communications And Entertainment Law Blog

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Demands to Pull Attack Ads in the Closing Days of the Election – What is a Station to Do?

Broadcast Law Blog

As we approach Election Day, the political ads seem to be getting more and more frequent, and often more and more nasty. We provided this overview of what a station should do when it gets an attack ad two years ago, and the ads have not become kinder in the intervening period, so we will publish it again (with a few revisions).

COUNTDOWN TO MODERNITY (11/5/18)–The Progress to Production Chart for the Mechanical Licensing Collective

Music Technology Policy

As best we can tell from the outside looking in, this chart has the dates for key events in the critical path to launch for the Mechancial Licesing Collective as required by the Music Modernization Act–the “Countdown to Modernity.” ” This chart is a work in progress, and if anyone sees anything wrong in it or something that should be clarified or corrected, please let us know. It should be considered a draft, but we hope that it will solidify over the next few weeks.

Lex Machina Expands Its Employment Litigation Analytics with an ERISA Module

Media Law

I’ve noted in a number of posts here Lex Machina’s continuing expansion of its legal analytics into new practice areas, particularly since its acquisition by LexisNexis in 2015. Today Lex Machina is announcing a new module that adds ERISA litigation cases.

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