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Gordon Firemark presenting podcast law workshop

Gordon P. Firemark

Let’s face it… as Podcasting grows in popularity and market penetration, there’s bound to be a growth in legal transactions and of course, disputes surrounding podcasts. Get my e-book all about the legal aspects of creating new media. - - - - - - - - - - - - - - - - - - - - - - - - - - - -.

Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine

Music Technology Policy

So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. Levine has written a book that is a must read for all policy makers and indeed all professional creators. Levine’s book takes a very even-handed look at topics that are generally spun so hard by execuprofs from big institutions like Stanford and Harvard that it’s often hard for policy makers to know what reality is.

Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine

Music Technology Policy

So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. Yet the book is, as Bill Keller, former executive editor of the New York Times, put it recently , “a wonderfully clear-eyed account of this colossal struggle over the future of our cultural lives.” Levine has written a book that is a must read for all policy makers and indeed all professional creators.

Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine

Music Technology Policy

So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. Yet the book is, as Bill Keller, former executive editor of the New York Times, put it recently , “a wonderfully clear-eyed account of this colossal struggle over the future of our cultural lives.” Levine has written a book that is a must read for all policy makers and indeed all professional creators.

Challenge to Radio Station Purchase Helps Define FCC Radio Ownership Limits in Arbitron Markets

Broadcast Law Blog

One of the cases we overlooked raised the question of whether the FCC cares about a broadcaster’s market share when it goes to buy a new radio station, or will it simply apply the numerical station ownership limits set out in the rules? Even if the advertising or audience market share of the buyer is very high, the fact that there are other stations in a market providing competitive opportunities makes questions of audience share essentially irrelevant.

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A Thorough Guide to Freelance Lawyering

Media Law

Just head over and buy your own copy of The Freelance Lawyering Manual: What Every Lawyer Needs to Know About the New Temporary Attorney Market , by Kimberly L. Virgin Islands (where I once met her while giving a CLE presentation), she moved to Alaska to pursue her dream of remote living.

Why the distinction between “new” media and “traditional” media is pointless, and a little dangerous.

Gordon P. Firemark

I’ll be expanding on all of this in my upcoming presentation: “Don’t let your content land you in legal hot water” as part of the BlogWorld New Media Expo being held in Los Angeles, November 3-5 at the Los Angeles Convention Center.

Google and Amazon Leverage Copyright Loophole to Use Songs Without Paying Songwriters

Music Technology Policy

That’s right–Google and Amazon are falling over themselves to use their market power to stiff songwriters yet again. Others services surely will follow their market leadership if Congress fails to act.

Canadian Authors Oppose Google Book Settlement: The Smartest Guys in the Room Can't Handle the Truth--AGAIN

Music Technology Policy

The objection to the Google Books Settlement filed on 1/28 by Canadian authors clearly lays out the high level legal reasons why the Google Books settlement is unlawful on its face. The Canadian objection is consistent with the DOJ's conclusion that "As presently drafted, the Proposed Settlement does not meet the legal standards this Court must apply," ( DOJ at 2 ) as well as the well-reasoned testimony of U.S.

Music Business Panel at Denton — 35 Conferette

Current Trends

This free and open to the public presentation will assist the new or established musician/artist/music business professional in navigating the ins-and-outs of legal issues involved in the music business. Bennett : Attorney, Bennett Law Office, PC; President, Farm To Market Music, LLC, Lewisville, TX. Stick around after the panel presentation for the 2nd Annual Music Mixer hosted by the Texas Board members of the Recording Academy (the Grammy folks).

How Google Took Over the Justice Department Antitrust Division: Renata Hesse’s Timeline

Music Technology Policy

Attorney’s Office for the District of Rhode Island, avoiding a grand jury appearance but admitting that it violated the Controlled Substances Act in marketing products to U.S. The presentations centered around a U.S.

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations

Communications And Entertainment Law Blog

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations The New York Times May 1, 2005 'The World Is Flat': The Wealth of Yet More Nations By FAREED ZAKARIA THE WORLD IS FLAT A Brief History of the Twenty-First Century. The countries of the Middle East have been losers in the age of globalization, out of step in an age of free markets, free trade and democratic politics. The book is done in Friedman's trademark style.

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations

Communications And Entertainment Law Blog

The New York Times > Books > Sunday Book Review > 'The World Is Flat': The Wealth of Yet More Nations The New York Times May 1, 2005 'The World Is Flat': The Wealth of Yet More Nations By FAREED ZAKARIA THE WORLD IS FLAT A Brief History of the Twenty-First Century. The countries of the Middle East have been losers in the age of globalization, out of step in an age of free markets, free trade and democratic politics. The book is done in Friedman's trademark style.

Why is the New York Times Coverage on Artist Rights So Oddly Inconsistent?

Music Technology Policy

Indie bookstores account for only about 10 percent of overall book sales, but they have a vastly disproportionate impact on the sale of the creative midlist books that are so vital to the health of the culture. People didn’t stop buying books, they just stopped buying them from booksellers. Another major issue the author skipped is the brisk market for pdfs of pirated books on Torrent sites.

Blawg Review #295

Cyberlaw Central

Eric Goldman’s post on the new book “The Next Digital Decade&# is well worth reading. The book itself is a free PDF download. Eric says: What makes this book so special is that *every* essay I’ve read is top-notch. In contrast, in many essay collection books, the essays are spotty—some great, some clearly inferior. Welcome to a special “Cyberlaw&# edition of the weekly carnival of legal blogging, Blawg Review !

Homeless Military Widow: “My heart is sad for my teenager”

Digital Media Law

Her goal had been to “acquire certification in billing and coding in health information management so I could be more marketable and my son could have a better future in his college studies.” “Now, Elwood, as I discovered via Google, had co-authored a book a decade before he died: Reflections of a Warrior : Six Years as a Green Beret in Vietnam, by Franklin D. The book was the autobiography of a Congressional Medal of Honor winner whom Elwood met while stationed in Seoul.

Entertainment Law Update Podcast Episode 045

Gordon P. Firemark

Lawsuit: According to Petrella’s petition for a writ of certiorari, the question to be presented will be whether the defense of laches – meaning an unreasonable delay in pursuing a right or claim – can bar a civil copyright lawsuit within an express 3-year statute of limitations.

The Controversy Never Ends Near the Grassy Knoll

JetLawBlog

Texas School Book Depository. It will be at least three more weeks before either Caruth Byrd’s southwest corner window on the sixth floor of the building that housed the Book Depository , or Aubrey Mayhew’s southeast corner window, is declared the real “sniper’s perch.”.

I’ll Take Artificial Intelligence for $1000, Alex

JetLawBlog

Like every Jeopardy competitor, Watson can only rely on information already stored in its “brain&# — it doesn’t have the ability to search the Internet for the answers to clues presented. As if Jeopardy!

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Guest Post: If Not PROTECT IP, Then What, When and How? By Robert Levine

Music Technology Policy

In my book Free Ride: How Digital Parasites Are Destroying the Culture Business, and How the Culture Business Can Fight Back , I present a counter-narrative – what I see as the real history of the last decade in the media business. The fact that so many businesses are having so much trouble -and the fact that the market for original online content is so anemic -suggests that making money online isn’t as easy as those “Earn Money From Home” ads make it look.

Will Google Submit “The Power of Google Adsense” to Voluntary Oversight?

Music Technology Policy

However, that progress should not be understood as having addressed the public health, moral and economic hazards presented by rogue sites to be covered by the PROTECT IP Act. At “The Power of Google”, the subcommittee presented both Eric Schmidt and Google’s antitrust counsel with many opportunities to accept the idea—just the idea—of Google’s voluntarily submitting to review by a special master or other authority to verify that Google is not using its monopoly power to profit itself.

Join Me at New Media Expo (NMX) January 6-8

Gordon P. Firemark

This time around I’ll be doing double-duty, giving a solo presentation and joining a panel of social media lawyers. So book now! The world’s largest conference and tradeshow for podcasters, bloggers and online media content producers.

I’ll be speaking at NMX (New Media Expo)

Gordon P. Firemark

This time around I’ll be doing double-duty, giving a solo presentation and joining a panel of social media lawyers. . So book now! The world’s largest conference and tradeshow for podcasters, bloggers and online media content producers.

The Future for Television: More Google Union-Busting

Music Technology Policy

Google TV will further the usual shakedown business model–we will steal from you until you get tired of litigating then you will give us a deal on our terms (YouTube, Google Books, etc.). “Murdoch asked what would happen if he were to search for a particular blockbuster film, and the [Google TV] presenter explained that the results would be the same ones you’d find in any Google search. Google Backed Netcoalition’s Anti-Union Dirty Tricks Campaign.

Guest Post: The Fallacy of Music Like Water by Gavin Castleton

Music Technology Policy

” In early 2005, Berklee VP David Kusek and “futurist” Gerd Leonhard based their book The Future of Music on the concept of “ Music Like Water ,” i.e. the transformation of the music industry into one in which music is ubiquitous and subscription-based, paid for and delivered like any other utility service. I would like to present another.

Entertainment Law Update Podcast – Episode 9, Olympic trademarks, album integrity, and more.

Gordon P. Firemark

invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one issue of a newspaper or book or magazine or any one presentation to an audience or any one broadcast over radio or television or any one exhibition of a motion picture.”

The Success of Louis C.K. is Not a Joke on Anyone

Music Technology Policy

Marketing Budget: Unknown. has made some very good choices in not only how he presents his show, but also how he presents himself. s $5 margin—assuming he actually books 100% of the retail price–will probably result in an unrealistically high retail price. And the artist could use that work product to set up a word of mouth marketing campaign for a series of work products in a variety of configurations that appeal to segmented audiences.

The Success of Louis C.K. is Not a Joke on Anyone

Music Technology Policy

Marketing Budget: Unknown. has made some very good choices in not only how he presents his show, but also how he presents himself. s $5 margin—assuming he actually books 100% of the retail price–will probably result in an unrealistically high retail price. And the artist could use that work product to set up a word of mouth marketing campaign for a series of work products in a variety of configurations that appeal to segmented audiences.

Sharing is Caring: What is Google’s Position on Data Sharing with Artists?

Music Technology Policy

I’m willing to be educated otherwise, but it seems that an email opt in would be unlikely to present a greater privacy issue at all for the retailer. Of course, Google will add this information from non-display uses to the data that it has already collected from serving ads to pirate sites offering the identical music, movies and books.

Guest Post: If Not PROTECT IP/Stop Online Piracy Act, Then What, When and How? By Robert Levine

Music Technology Policy

In my book Free Ride: How Digital Parasites Are Destroying the Culture Business, and How the Culture Business Can Fight Back , I present a counter-narrative – what I see as the real history of the last decade in the media business. The fact that so many businesses are having so much trouble -and the fact that the market for original online content is so anemic -suggests that making money online isn’t as easy as those “Earn Money From Home” ads make it look.

Looking at the FCC’s Indecency Rules – Does Anyone Know What’s Prohibited and What’s Permitted?

Broadcast Law Blog

The Post article presents a very good overview on the status of the FCC’s indecency rules. As the Post article points out, to the extent that basic cable has not had an explosion of “F-bombs” or the more explicit programming that might be expected on HBO, Showtime or one of the other premium cable channels has been simply a matter of marketing and advertising. A Washington Post article published this weekend was titled “ Is there anything you can’t say on TV anymore?

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Music Makers Mixer at NX35 March 11; Denton Texas

Current Trends

Music Makers Mixers are held several times a year around the Denton/Dallas/Fort Worth area as networking opportunities for music biz professionals including artists, producers, engineers, songwriters, attorneys, accountants, managers, booking agents and members of The Recording Academy® Texas Chapter (the “Grammy®&# folks). Hosted by The Recording Academy®. Texas Chapter Board Members. March 11, 4pm-6pm. Dan’s Silverleaf. 103 Industrial Street, Denton, TX 76201.

Nipper, the EFF and the Badges: Triangulating their master’s voice

Music Technology Policy

Not to mention–Ben Scott of Free Press whom we will come to presently. Unless you refer to meeting at Caribou Coffee for an off the books meeting in your off the books emails that you get caught with on the books.

Intermission in the First Act of The Fetishism and Cognitive Dissonance of the Singularity

Music Technology Policy

And nowhere is evidence of both the organization of artists through their unions and the contempt for those unions of the anti-copyright groups led by Google more present than at the House Judiciary Committee hearing on the Stop Online Piracy Act. are profiting from the massive theft of property from their fellow citizens, while at the same time raising money to keep stealing by selling stock in the public markets.

Technology’s Effect on the Legal Profession

Media Law

In thinking about my presentation next week for the ACLEA annual meeting about “How Technology is Changing the Practice of Law … and CLE,” I suddenly remembered that I had once written a magazine article on this very topic.

Guest Post: The Fallacy of Music Like Water by Gavin Castleton

Music Technology Policy

” In early 2005, Berklee VP David Kusek and “futurist” Gerd Leonhard based their book The Future of Music on the concept of “ Music Like Water ,” i.e. the transformation of the music industry into one in which music is ubiquitous and subscription-based, paid for and delivered like any other utility service. I would like to present another.

Update: Joshua Johnson’s KQED Forum on Rogue Sites

Music Technology Policy

A telling admission in that book is the following (at page 11): “If [staying on message] means centring messaging on the IP mechanism itself, then is it easier, or harder, to find messaging that is suitably emotional as to appeal to the grassroots? Update: Ellen Seidler still has not recieved the promised call from Google lawyer and evidence expert Fred von Lohman.

What’s Up for Broadcasters in Washington Under the New Administration – A Look Ahead at TV and Radio FCC Issues for the Rest of 2017

Broadcast Law Blog

Issues to be considered on reconsideration include revisions to the local ownership limits for TV (including loosening or abolishing the ownership caps for TV stations in individual markets), elimination of the newspaper-broadcast cross-ownership rule, and elimination of the FCC’s recordkeeping requirements for stations operating with Shared Services Agreements. A new President and a new Chair of the FCC have already demonstrated that change is in the air in Washington.

Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free

Music Technology Policy

Granting exclusive licenses to distributors, book publishers, music publishers or digital aggregators is an important, if not crucial right, for a creator to retain, there’s not much left to parlay if the work is subject to a prior public license. So you can see that there is an inexorable drift toward something like Creative Commons Corporation licensing due to the market forces of Web 2.0. None are present. By Chris Castle reposted from August 2010.

Basic Cable Clarification & Details

Digital Media Law

The AMPTP will be present, and the sessions will be at AMPTP headquarters, but the discussions are technically with “authorizers,” which appears to mean some of the AMPTP members plus other companies. It doesn’t go unnoticed, either, that AFTRA’s approach has enabled the union to achieve greater market share in basic cable. And watch for my new book “Hollywood on Strike!,” If you work in tech, check out my book How to Write LOIs and Term Sheets.