Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website “Browsewrap” License to User Generated Content

New Media and Technology Law

In his suit against RipoffReport.com, the plaintiff brought defamation claims, and armed with the copyright assignment, copyright infringement claims. Copyright Defamation Internet Online Content CDA immunity CDA Section 230 copyright assignment online defamation user-generated contentThe controversial consumer gripe site, RipoffReport.com, is at it again.

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to Their Content?

New Media and Technology Law

The question is, can one obtain an exclusive license or assignment of copyright through online terms of use? By submitting an image, you hereby irrevocably assign (and agree to assign) to MRIS, free and clear of any restrictions or encumbrances, all of your rights, title and interest in and to the image submitted. This assignment includes, without limitation, all worldwide copyrights in and to the image, and the right to sue for past and future infringement.

Michael Jackson Estate Sued for Shutting Down Tribute Film 'Messages to Michael'

THR, Esq. Entertainment & Media Law Blog

Sharad Chandra Patel claims he was assigned a contract from his dying son to make a movie about Jackson's fans but the late entertainer's executors won't provide home video footage or music rights.

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

New Media and Technology Law

Interestingly, in order to have standing to bring infringement claims against certain aggregators such as 3Taps, craigslist changed its terms of service for a limited time to gain an exclusive assignment of copyright rights to user content. Contracts Copyright E-mail Online Commerce Screen Scraping copyright assignment judgment screen scraping spam spidering website scraping

More ILTACON News: New Software Promises to Streamline Attorney Assignments

Media Law

When Adam McDonell practiced law, he saw inefficiency in the way firms and legal departments assign and allocate work to associates and staff attorneys. His new product, Salladore, is his attempt to streamline the assignment process. The post More ILTACON News: New Software Promises to Streamline Attorney Assignments appeared first on Robert Ambrogi's LawSites.

Boondocks class assignment

Communications And Entertainment Law Blog

Boondocks 4-13-5

Boondocks class assignment

Communications And Entertainment Law Blog

Boondocks 4-13-5

Two New Sites for Finding Short-Term Help

Media Law

Are you a solo or small-firm lawyer who sometimes needs to hire temporary help for short-term assignments? If so, two new services promise to help you find the right person. One, Legalkin.com, was just launched on Jan.

$18,000 FCC Fine for Operating Earth Station with Expired License Reminds Broadcasters That Not All of Their Licenses are Covered During the License Renewal or Assignment and Transfer Approval Process

Broadcast Law Blog

If a broadcaster does not pay attention to the expiration dates for these nonbroadcast licenses, or forgets to separately file an application for permission to assign these licenses during a sale of their broadcast station, a fine like the $18,000 fine that was just issued to a radio broadcaster who forgot that earth station licenses are different from a main broadcast license or a broadcast auxiliary license, may occur.

How to effectively outsource Business and Legal Affairs work in the Film, Television, Theatre and Media Industries

Gordon P. Firemark

In this 3-part series of articles, I’ll demonstrate this value, and offer some practical tips on what to outource, how to outsource, and to whom you’ll assign things. Time constraints can be communicated at the time of the assignment, and if the lawyer can deliver, great.

PodCast > Boondocks Class Assignment Instructions

Communications And Entertainment Law Blog

PodCast > Boondocks Class Assignment Instructions

Communications And Entertainment Law Blog

Fine for Missing Quarterly Issues Programs List Not Excused by Intervening Transfer of Control of TV Station – Buy Assets Not Stock to Avoid Assuming Prior Owner’s FCC Liabilities

Broadcast Law Blog

In an FCC decision fining a TV station $10,000 for failing to include 15 Quarterly Issues Programs lists in its public inspection file, the FCC refused to reduce the proposed liability based on an intervening “long-form” transfer of control followed by a short-form assignment of license of the station. In this case, the buyer, once it purchased a controlling interest in the station licensee, then assigned the license to a new company owned by the new controlling shareholders.

Trustee: Bergstein withheld some info

THR, Esq. Entertainment & Media Law Blog

By Alex Ben Block In his first report, the forensic accountant assigned by a federal bankruptcy court judge to examine five companies managed by David Bergstein said “certain tax returns have not been filed,” as creditors in the involuntary bankruptcy.

Open Source Software and Copyright

Media Law Prof Blog

Andres Guadamuz, University of Sussez, and Andrew John Rens, Duke University School of Law, & University of Cape Town, Intellectual Property Research, have published Comparative Analysis of Copyright Assignment and Licence Formalities for Open Source Contributor Agreements at 10(2) SCRIPTed

Producer beware: “Work Made For Hire” agreement creates a “statutory employee” relationship.

Gordon P. Firemark

So, just get an assignment of copyright instead, right? Many of those taking this view have suggested that the solution to the copyright ownership problem is to have the contractor execute a simple copyright assignment.

Class Assignments For The Week of April 18th 2005

Communications And Entertainment Law Blog

Complete and hand in the Boondocks assignment(immediately below) by the date of your first law class of the week (either Tuesday or Wednesday). In addition make sure you have read the rest of chapter five. Focus on the Florida Star v. BJF case page 188, the "Red Kimono" case pages 188-189 and the section inthe text discussing "False Light" found on pages 191 through 193. Thought Question" Does the "False Light Doctrine" apply to the Boondocks comics below?

Class Assignments For The Week of April 18th 2005

Communications And Entertainment Law Blog

Complete and hand in the Boondocks assignment(immediately below) by the date of your first law class of the week (either Tuesday or Wednesday). In addition make sure you have read the rest of chapter five. Focus on the Florida Star v. BJF case page 188, the "Red Kimono" case pages 188-189 and the section inthe text discussing "False Light" found on pages 191 through 193. Thought Question" Does the "False Light Doctrine" apply to the Boondocks comics below?

Broadcast Creditors Beware – $11,000 Fine Imposed for FCC Reporting Shortcomings in an AM Foreclosure Action

Broadcast Law Blog

In the FCC’s eyes, an “assignment of license ” is when the assets and license of a station change hands, so that a new licensee is now the operator of the station. The FCC was not informed of the fact that the local court had changed the appointment from an assignment to a transfer. Even though both an assignment and a transfer would be approved on exactly the same form, the FCC thought that the fact that the wrong box on the FCC Form 316 was checked and never updated was an issue.

The Importance of an Assignment Clause

Entertainment Law Resources Blog

April 8, 2002 The Importance of an Assignment Clause A recent case by the Ninth Circuit Court of Appeals makes clear why it is important to include an express provision allowing assignment when entering into an exclusive copyright license. This case illustrates how important it is for production companies to obtain written consent to assign their rights when they license underlying works, such as books, scripts and music.

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The Importance of an Assignment Clause

Entertainment Law Resources Blog

April 8, 2002 The Importance of an Assignment Clause A recent case by the Ninth Circuit Court of Appeals makes clear why it is important to include an express provision allowing assignment when entering into an exclusive copyright license. This case illustrates how important it is for production companies to obtain written consent to assign their rights when they license underlying works, such as books, scripts and music.

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Buyers of Broadcast Stations Through Stock Transfer Beware – Liability for Fines of Prior Owner Can Still be Imposed After the Transfer

Broadcast Law Blog

Assignments of license, where the FCC approves the sale of a station to a new licensee, seemingly do provide the new owner with some degree of protection against problems with FCC compliance that occurred during the watch of the old owner – but that is because the licensee has changed. So why aren’t all sales done as assignments and not transfer?

FCC Extends Filing Deadline for Biennial Ownership Reports Until March 2, 2018, But Will Require Reporting of Station Ownership as of October 1, 2017 Even By Those Who Sold Stations

Broadcast Law Blog

AM Radio Assignments and Transfers FM Radio General FCC Noncommercial Broadcasting Television biennial ownership reportThe FCC on Friday announced that they were extending the deadline for filing Biennial Ownership Reports by broadcasters from December 1 to March 2, 2018 to be sure that the new version of the form in the FCC’s LMS database will be up and ready to be used. The FCC will open the window for filing these ownership reports on December 1 (which was to be the deadline).

The Importance of Controlling Rights Data

Music Technology Policy

Make sure you have a written data confidentiality agreement that allows you to terminate any rights in the case of an assignment, sale or other transfer of the licensee’s company or assets. What’s the point of having good metadata and rights information for licensing? It should be to actually know who owns a song and who owns recordings of the song so you can get permission and pay for usage or block it.

Two More Paperwork Burdens Proposed for Relaxation Under FCC’s Modernization of Media Regulation Initiative – TV Ancillary and Supplementary Revenue Reports and Public Notice Requirements

Broadcast Law Blog

applications for approval of a proposed sale of a station through an assignment or transfer, license renewal applications, and applications for new stations or major changes in the facilities of an existing station), most broadcasters have to give public notice of the filing of the application both by broadcasting it on the station and by publishing the notice in a local newspaper in the community that the station serves.

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Fordham Law Professor Creates Intriguing Privacy Law Internet Assignment Involving Justice Scalia

Media Law Prof Blog

Associate Justice Antonin Scalia seems miffed at a Fordham Law School professor who asked his privacy law class to see what it could find out about the justice online. So reports the Wired Campus blog. According to a related Concurring

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to Their Content?

New Media and Technology Law

The question is, can one obtain an exclusive license or assignment of copyright through online terms of use? By submitting an image, you hereby irrevocably assign (and agree to assign) to MRIS, free and clear of any restrictions or encumbrances, all of your rights, title and interest in and to the image submitted. This assignment includes, without limitation, all worldwide copyrights in and to the image, and the right to sue for past and future infringement.

New Songwriter Class Actions Against Tidal and Slacker

Music Technology Policy

More on this to come, but Yesh Music has brought class actions against both Tidal and Slacker : Yesh’s case against Tidal is assigned to Judge Kimba M. ” The class action against Slacker is assigned to Judge Edward R.

Reminder on August 30 Effective Date for Increases in FCC Application Fees

Broadcast Law Blog

Assignments and Transfers FCC Fees License Renewal changes in FCC application fees

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Work for Hire – Entertainment Law Asked & Answered

Gordon P. Firemark

So Tom writes: I've been looking at some "record label" contracts for musicians who submit completed tracks to these record labels, in which the artists submit the masters to the label, assign all their rights in perpetuity, and include a statement that the masters are "works made for hire."

Why most “work made for hire” agreements in theatre don’t work.

Gordon P. Firemark

The owner of a copyright can freely transfer ownership by way of a written Assignment. Under such a transaction, the Assignee will own the entirety of the copyright, subject to the author's limited right to terminate the transfer during the 35th through 40th years following the assignment.

A Guide to Music Performance Royalties, Part 1

Music Technology Policy

Yes, unless assigned. Yes, if assigned by songwriters. Yes, unless assigned. Yes, if assigned by artist. Let’s start at the beginning.

Communications Law Class Assignment For The Week of April 10th 2005

Communications And Entertainment Law Blog

Make sure you have completed your reading of chapter five of the text book. We will be completing our discussion of "Invasion of Privacy" this week. In class we will be discussing "False Light", page 193, "Intrusion" and the "Expectation of Privacy". You must read at least to page 200 in the text

Communications Law Class Assignment For The Week of April 10th 2005

Communications And Entertainment Law Blog

Make sure you have completed your reading of chapter five of the text book. We will be completing our discussion of "Invasion of Privacy" this week. In class we will be discussing "False Light", page 193, "Intrusion" and the "Expectation of Privacy". You must read at least to page 200 in the text

Foreign Ownership of US Broadcast Stations Suddenly the Rage? – FCC Seeks Comments on Two Proposals for Alien Ownership to Exceed 25%, Including One for 100% Australian Ownership

Broadcast Law Blog

AM Radio Assignments and Transfers FM Radio General FCC Multiple Ownership Rules Television alien ownership foreign ownership of US broadcast stationsIn the last two days, the FCC has asked for public comment on two proposals for foreign ownership of US broadcast stations where that ownership would exceed 25% of the company – a limit that has for decades been seen as the upper end of ownership by foreign nationals.

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FCC Proposes Revised Application Filing Fees

Broadcast Law Blog

License Assignment. (i) License Assignment. (i) License Assignment. (i) License Assignment. License Assignment. License Assignment. (i) FCC Fees fee for FCC construction permit application fees for FCC assignment fees for FCC assignment of license fees for FCC ownership report fees for FCC transfer of broadcast station

FCC Releases Guide to New Broadcast Application Fees

Broadcast Law Blog

The FCC yesterday released a full guide to those fees – setting out how much broadcasters must pay when seeking any particular action from the FCC (including applications for approvals of assignments and transfers , construction permits , STA requests , license renewal , new call letters and even when they file biennial ownership reports). Assignments and Transfers FCC Fees License Renewal changes in FCC application fees FCC processing fees

Changes in the Board of Nonprofit Corporation Doom FCC Application for New FM Station – Addressing Control Issues in Noncommercial Broadcasting

Broadcast Law Blog

The change was deemed a major change in ownership, which the FCC rules says requires the assignment of a new file number – essentially meaning that the application is treated as a new application received after the filing window for the new FM stations was closed and was therefore dismissed. Assignments and Transfers FM Radio Noncommercial Broadcasting major change in ownership noncommercial station transfer of control

$700,000 to Be Paid By Media General to End Inquiry on its Attempts to Enforce a JSA – What are the Limits on the Enforceability of a Contractual Restriction on an FCC Licensee’s Sale of its Station?

Broadcast Law Blog

Assignments and Transfers FCC Fines Incentive Auctions/Broadband Report Multiple Ownership Rules Programming Regulations Public Interest Obligations/Localism Television grandfathering of JSAs joint sales agreement Media General fine requirements for licensee control

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Righthaven, Righthaven, Really?

The Legal Satyricon

Essentially, the Court thought that Righthaven deserved to be sanctioned for its disingenuous copyright “assignments&# and failing to disclose the fact that Stephens Media [.]. Since my firm is engaged in quite a few cases against Righthaven, I want to limit my comments. But, fortunately, this blog post from Righthaven Victims seems to say it all.