Trending Articles

Sixth Circuit Affirms Lower Court Ruling Dismissing Defamation Suit Against New York Times

Media Law Prof Blog

The Sixth Circuit affirms a lower court ruling dismissing a defamation lawsuit against the New York Times. An Ohio State University professor sued over a NYT article, but the lower court held, and the 6th circuit agreed, that a reasonable

LawNext Episode 45: As Fastcase Turns 20, Founders Recount Its History and Predict Its Future

Media Law

It was 20 years ago that two Covington & Burling associates, Ed Walters and Phil Rosenthal , made the audacious move of quitting their jobs and launching the legal research company Fastcase. Their goal was to democratize the law through affordable pricing and smarter technology.

Trending Sources

Guest Post by @poedavid: “Dance Like Nobody’s Paying?” Spotify isn’t

Music Technology Policy

[We’re thrilled to welcome David Poe to MTP!]. by David Poe. Spotify’s disastrous “dance like nobody’s paying” ad campaign has now been demolished in the national press, garnering negative coverage in Newsweek, Billboard, NME , Hypebot , and more.

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States’ Liability for copyright infringement

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. VIDANGEL POSTMORTEM TRUMP CAN’T BLOCK ON TWITTER TEXAS APPEAL COURT: COPYRIGHT INFRINGEMENT BUT SOVEREIGN IMMUNITY.

New York Court Finds Warhol Series to be Fair Use of Prince Photograph

New Media and Technology Law

Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 17-cv-2532 (S.D.N.Y.

Another Bad Artist Relations Week for Spotify

Music Technology Policy

Spotify released one of their groovy ad campaigns last week. This time celebrating their freebie subscription campaign. You really do have to wonder where they find the people who come up with these things. Blake Morgan, David Lowery and David Poe all laid into Spotify with their own tweets.

Behind the Scenes of the House Democrats’ Twitter War

Communications And Entertainment Law Blog

"Behind the Scenes of the House Democrats’ Twitter War In an exclusive interview, Progressive Caucus co-chair Pramila Jayapal explains how she helped broker a truce among the warring factions of the party.

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On the One-Year Anniversary of My LawNext Podcast, Here are the Top 10 Most Popular Episodes

Media Law

Yesterday marked the one-year anniversary of the launch of my podcast LawNext , focused on interviews with the “innovators and entrepreneurs who are driving what’s next in law.” ” Starting it was a bit of a gamble.

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Court Overturns Requirement that Prescription Drug Advertisers Include Price Information in TV Ads

Broadcast Law Blog

Last week, a federal District Court ruled that the US Department of Health and Human Services did not have the authority to require that drug manufacturers include pricing information on their television commercials. We wrote about that requirement, here – a requirement that was supposed to go into effect this summer. However, the District Court judge found that there was no statutory authority on which HHS could rely for the adoption of this rule.

A Look at Christopher Sprigman’s Recent Record

Music Technology Policy

Sprigman Throws a Definition at Blake Morgan. The Spitting Image of the Modern Major General. MTP readers may remember the name Christopher Sprigman.

Rep. Rashida Tlaib to NAACP convention: "You are all the squad"

Communications And Entertainment Law Blog

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Federal District Judge Dismisses Russian Free-Speech Challenge To Facebook's Shutdown of Its Account

Media Law Prof Blog

Federal District Judge Lucy Koh has dismissed a lawsuit brought by the Federal Agency of News (FAN) against Facebook for shutting down its account. FAN argued that Facebook was interfering with its free-speech rights. Judge Koh ruled that Facebook is

AI-Driven Brief Analysis Comes to Westlaw, But Does It Differ From Competitors?

Media Law

In 2016, Casetext , the legal research startup, introduced CARA , a tool that uses artificial intelligence to analyze users’ uploaded briefs and memoranda and find relevant cases the document missed.

FCC Highlights State EAS Plans – Is Your Station Doing What It is Supposed to Be Doing?

Broadcast Law Blog

The FCC earlier last week posted on its Blog an article from the Chief of its Public Safety and Homeland Security Bureau about state EAS plans , stressing how important these plans are to making sure that any emergency message conveyed through an EAS alert is properly transmitted to all who are supposed to receive it, so that it ultimately reaches the members of the public who should be aware of the emergency situation which triggered the alert.

What, Me Worry: The Decline of MAD Magazine and David Simon’s Dire Prediction

Music Technology Policy

The cover of the first magazine issue of MAD in 1955 bore these prophetic words: This magazine is vital for you to read and inside you will find an extremely important message from the editors.

Our Squad Is Big”: Reps. Ocasio-Cortez, Omar, Tlaib and Pressley Condemn Trump’s Racist Attack. Nancy Pelosi's ignorant stupidity open the door for Trump's racist attack.

Communications And Entertainment Law Blog

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Worthy on Freedom of Information in Europe: Creation, Context, and Conflict

Media Law Prof Blog

Ben Worthy, University of London, Birkbeck College, is publishing Freedom of Information in Europe: Creation, Context and Conflict in Contested Trade-Offs: Transparency and Secrecy in European Democracies (forthcoming) This paper takes an overview of the development and implementation of Access

LexBlog Upgrades Publishing Platform to Enhance Mobile Performance and Ranking of Blogs

Media Law

LexBlog today is rolling out a major enhancement of its publishing platform that should mean its customers’ blogs will load significantly faster on mobile devices, rank higher in search results, and display better on certain social media platforms such as Twitter and LinkedIn.

Web Scraping Decisions Consider Contract Cause of Action

New Media and Technology Law

Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to “ clickwrap ” and “ browsewrap ” website terms of use. In Southwest Airlines Co. Roundpipe, LLC , No. 18-0033 (N.D. 22, 2019), a Texas district court declined to dismiss Southwest Airlines Co.’s

What’s the Current Status of PledgeMusic Case?

Music Technology Policy

What are the chances that PledgeMusic will just disappear into the night, never file bankruptcy and never pay back the artists, fans and vendors? The less you talk about Pledge’s misdeeds, the more likely they simply are never pursued by anyone. PledgeMusic

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"The Squad" interview: Gayle King's full conversation with AOC, Omar, Pr.

Communications And Entertainment Law Blog

52

Mass Shootings, U.S. Society, and the Media @center4inquiry @BTRadford

Media Law Prof Blog

From Benjamin Radford and the Center for Inquiry (CFI): a three part series on mass shootings, U.S. society, and the media. Part 1: How Common Are Mass Shootings? Part 2: Who Are Mass Shooters? Mass Shooter Demographics Part 3: Mass

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Michigan Seeks Input On Adopting Duty of Technology Competence

Media Law

Thirty-six states have adopted the duty of technology competence for lawyers, and now Michigan is considering joining the list with proposed changes to its Rules of Professional Conduct.

Actions Taken at July Meeting – FCC Adopts Changes to Children’s Television Rules and to TV MVPD Carriage Election Notices Procedures

Broadcast Law Blog

The FCC at its open meeting last week took two actions important to TV broadcasters – modifying its children’s television rules and changing the process by which TV stations give notice to MVPDs of their must carry or retransmission consent elections. On the children’s television rules, the FCC largely adopted the proposals in their draft order, which we summarized here.

The Countdown to Modernity: Copyright Royalty Board Posts Notices and Rules for MLC Assessment Proceeding — Artist Rights Watch

Music Technology Policy

Kamala Harris Thinks Donald Trump is a Coward

Communications And Entertainment Law Blog

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The Chicago Defender Ends Its Print Edition Run, Goes Digital Only, Today

Media Law Prof Blog

From the New York Times: The Chicago Defender ceases print publication today. It will continue its digital edition. Notes the Times, "Decade by decade, the newspaper told the story of black life in America. It took note of births and

For Solo and Small Firm Lawyers, Earnings Drop, Gender Gap Persists

Media Law

A survey of earnings of solo and small-firm attorneys in the United States finds that the average attorney’s compensation dropped last year, while a wide gender gap persists.

More Time for Comments on DOJ Review of ASCAP and BMI Consent Decrees – Now Due August 9

Broadcast Law Blog

In a very important proceeding we summarized here , the Department of Justice’s Antitrust Division is reviewing the antitrust consent decrees that govern ASCAP and BMI – the decrees that require that these performing rights organizations treat similarly situated licensees (and artists) in the same way and which allow a Court to review the reasonableness of the rates that ASCAP and BMI propose.

Must Read by @davidclowery: Google Doxx: Google Funded Groups in 2017 Illegal Doxxing of FCC Chairman — The Trichordist

Music Technology Policy

Editors note #1 – Over the last year, this blog has been reporting on Google’s apparent use of proxies in an attempt to intimidate members of the EU parliament into voting against the proposed EU Copyright Directive. The Copyright Directive requires social media platforms above a certain size to do more to counter copyright infringement […]. via Google Doxx: Google Funded Groups in 2017 Illegal Doxxing of FCC Chairman — The Trichordist.

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Opinion | Denying Racism Supports It

Communications And Entertainment Law Blog

"By Charles M. Blow July 21, 2019 When did we arrive at the point where applying the words racist and racism were more radioactive than actually doing and saying racist things and demonstrating oneself to be a racist?

Bosland on Restraining "Extraneous" Prejudicial Publicity

Media Law Prof Blog

Jason John Bosland, University of Melbourne, Centre for Media and Communications Law, is publishing Restraining 'Extraneous' Prejudicial Publicity: Victoria and New South Wales Compared in volume 41 of the University of New South Wales Law Journal (2018). Here is the

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Now Comes Another Brief Analyzer, this from Bloomberg Law

Media Law

Last Friday, I wrote here about the launch by Thomson Reuters of Quick Check , its version of a growing array of brief-analysis products that let lawyers upload a brief and discover relevant cases the brief missed.

More on CBD – FDA Taking Comments on the Production, Sale and Marketing Through July 16

Broadcast Law Blog

We have written several articles (see our articles here and here ) about the regulation of CBD and the risks inherent in the broadcast of advertisements for these products. CBD is in a legal limbo, as the Farm Act of 2018 took hemp products with less than.3% THC off the list of prohibited drugs on Schedule I of the Controlled Substances Act, but the production of these products is still subject to rules that have not yet been written by the USDA.

Ó Fathaigh on The Chilling Effect of Turkey's Article 301 Insult Law

Media Law Prof Blog

Ronan O Fathaigh, University of Amsterdam, Institute for Information Law, has published The Chilling Effect of Turkey’s Article 301 Insult Law at 3 European Human Rights Law Review 298 (2019). Here is the abstract. This article discusses how the approach

Litera Microsystems Acquires Workshare, Extending Document Capabilities

Media Law

The document technology company Litera Microsystems said today that it has acquired Workshare , a London company that provides products used by legal professionals for document comparison, protection and sharing.

Annual ‘Fastcase 50’ Named, Honoring Law’s Innovators and Visionaries

Media Law

Annually since 2011, legal research company Fastcase has named the Fastcase 50 , an award that honors “the law’s smartest, most courageous innovators, techies, visionaries, and leaders.” ” Today, Fastcase named its 2019 honorees, a list that includes practicing lawyers, legal academics, law librarians, corporate counsel, journalists, company executives, bar leaders, and government officials. Full disclosure: I was included on the inaugural 2011 list.].