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Just so you know where you stand: Google attacks authors and photographers organizations in Google Books case

Music Technology Policy

Daralyn Durie stood before Judge Dennis Chin for what seems to me to be a rather shabby proposition: The Authors Guild and the American Society of Media Photographers should be disqualified from representing authors and photographers as a class in the Google Books litigation and that each author and photographer whose work Google infringed should be forced to sue Google individually.

Judge 13

'Hobbit' Affair Still Rankles NZ Unions

Digital Media Law

As fans of The Hobbit scanned the red carpet at the film’s premiere in Wellington last night, some New Zealand activists are still bitter about the outcome of a failed unionization attempt in 2010, even as NZ Actors Equity is finally making progress in negotiations with the country’s producers association. In an email to The Hollywood Reporter , a NZAE organizer struck a different note. If you work in tech, take a look at my book How to Write LOIs and Term Sheets Normal.

The Future for Television: More Google Union-Busting

Music Technology Policy

Google Backed Netcoalition’s Anti-Union Dirty Tricks Campaign. As you will see it clearly refers to a “host of union thugs” who had the temerity to oppose Net Coalition backer Google and other giant consumer electronics companies. Who is in the “host of union thugs”? So speaking of thugs, why would Google have its henchmen start a union busting campaign in the entertainment industry, particularly the television business?

Mr. “Don’t Be Evil” has a new one: YCombinator Says “Kill Hollywood” Starting with the Unions

Music Technology Policy

What we really need to “kill” are the two institutions that have protected artists for 100 years: talent agents and unions. Especially unions. ” It is this assembly clause of the First Amendment (and the Fourteenth Amendment) that protects unions (see, e.g., NAACP v.

AFTRA Endorses IATSE 'Biggest Loser' Organizing Campaign

Digital Media Law

The union issued an unequivocal statement of support. Watch for my new book “Hollywood on Strike!,” If you work in tech, check out my book How to Write LOIs and Term Sheets Details in my Hollywood Reporter piece. -. due out next month. Subscribe to my blog ( jhandel.com ) for more about entertainment law and digital media law. Check out my residuals chart there too. Go to the blog itself to subscribe via RSS or email.

Controversy Still Surrounds Google Book Project

JetLawBlog

to move forward with its plan to scan millions of books and make them available on an online database. Recently, organizations such as the National Writers Union and entertainment agency William Morris Endeavor have come out against it.

Basic Cable Clarification & Details

Digital Media Law

Sources close to both unions confirmed that there have been emails and conversations between the two unions, with one source implying that these informal communications have been between the National Executive Directors of the two organizations, David White (SAG) and Kim Roberts Hedgepeth (AFTRA). That comment points out a difference in philosophy between the two unions, at least to date. The source close to AFTRA says the union has statistics on this.

A New Scholarly Journal of Law and Courts

Media Law

Klein, an associate professor of politics at the University of Virginia an author of the 2002 book, Making Law in the United States Courts of Appeals.

The Register: Google Buzz Settlement Pays “organizations that are currently paid by [Defendant] to lobby for or to consult for the company”.

Music Technology Policy

The article notes that the Google settlement involved “cy pres” payments to “independent” groups often called “watchdogs” like the American Civil Liberties Union and the Electronic Frontier Foundation. Kind of like Google Books, but without the messy scanning. Now see how the analogy works in class actions, remembering that Google spent a lot of time learning how to twist the class action process on its head during the Google Books litigation.

SAG & Studios Agree to Tentative Deal

Digital Media Law

Ratification ballots will go out to the members of both unions next week, with a return date in mid-May. Back to the tentative TV/theatrical deal: Critically, this deal would expire on June 30, 2011, effectively synchronizing it with the Writers Guild, Directors Guild and AFTRA (smaller actors union) deals. This synchronicity should give the unions significant leverage, which raises the question of why the studios agreed to it.

SAG-AFTRA Ratify Advertising Agreement; SAG Townhall Features Fireworks

Digital Media Law

SAG and AFTRA announced yesterday that their combined paid-up membership, about 132,000 members, overwhelmingly ratified the contracts between the unions and the advertising industry. The result was expected, as there was no organized opposition. According to Vaughn, Rosenberg was asked at the meeting what he proposed the union do if it voted down the deal. Rosenberg apparently replied that the union should get a strike authorization and then, if necessary, strike.

SAG’s Strange Voyage

Digital Media Law

That appears to violate an agreement between the two unions that prohibits disparagement and raiding. Rejection will plunge the union and the AMPTP—the alliance that represents studios and producers—back into stalemate, once again adrift in uncharted nebulas. The deal terms in this area, from a union perspective, have gaps in jurisdiction and residuals structure. That one will pass easily, as there’s no organized opposition. Where did the Screen Actors Guild go?

SAG TV/Theatrical Contract Ratified Overwhelmingly, 78%-22%

Digital Media Law

If you work in tech, check out my new book How to Write LOIs and Term Sheets. ——————— SAG Press Release Screen Actors Guild Members Overwhelmingly Ratify TV/Theatrical Agreements Los Angeles , (June 9, 2009) – Screen Actors Guild announced today that members have voted overwhelmingly to approve its TV/Theatrical contracts by a vote of 78 percent to 22 percent. I am hopeful that we can heal our wounds and really start the work to become a unified, national union.”

California Labor Federation Endorses 'Biggest Loser' Strike

Digital Media Law

million union members; it's unknown what additional steps the organization may take to support the strikers. Watch for my new book “Hollywood on Strike!,” If you work in tech, check out my book How to Write LOIs and Term Sheets Group represents 2.1 Details in my Hollywood Reporter piece. -. due out next month. Subscribe to my blog ( jhandel.com ) for more about entertainment law and digital media law. Check out my residuals chart there too.

Canard du jour: Do residuals make you lazy? If the age of privacy is over, is the age of royalties over, too?

Music Technology Policy

One of the common misapprehensions one hears from the “music/facts/books/news/movies/games are like water” crowd is that creators don’t deserve the royalties and residuals for which their unions and they fought for so long. As a senior copyright official once said to me during the Google Books debacle, we made it through a couple hundred years without a Constitutional challenge to the U.S.

Ratification of Teamsters / Basic Crafts Contract Complete

Digital Media Law

Ratification by those unions was expected and, indeed, the AMPTP said today that the last of those just ratified their contract. Here's the organization's press statement: "The five Basic Crafts Unions have now ratified new contracts with the producers represented by the AMPTP, ensuring that production can continue without interruption for the studios and union members. The five Basic Crafts Unions are International Brotherhood of Electrical Workers, Local No.

IATSE and Teamsters Reach Mutual Assistance Pact

Digital Media Law

The move represents a major change from the previously frosty relationship between the two unions. The pact sets out how the unions will address organizing efforts, deal with jurisdictional issues and establishes new lines of communication aimed at strengthening the relationship. A joint committee will be established to oversee the efforts of the two unions. If you work in tech, check out my book How to Write LOIs and Term Sheets.

The Unelected: Lessig taking shots at artists again

Music Technology Policy

If you were unaware of Lessig’s contempt for CISAC and organizations like ASCAP, you would probably pass right over this reference. Once again, Lessig is trying to position himself both as a friend of artists and of copyright. He is a friend of neither.

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

Music Technology Policy

Mr. Weitzner was formerly employed as Deputy Policy Director for the Electronic Frontier Foundation, and was a co-founder of the Center for Democracy and Technology an organization that is kind of at the center of things these days.

No More Sounds of Silence on the Music Composition Front?

Digital Media Law

Union scale, that is (or, even better, above scale). One of the few non-unionized sectors of Hollywood, composers and lyricists - the people who write music (as opposed to musicians, the people who perform it) - are now in talks with the Teamsters for representation. In other audible union news, AFTRA recently approved its interactive (i.e., If you work in tech, check out my book How to Write LOIs and Term Sheets.

Joshua Johnson’s KQED Forum on Rogue Sites

Music Technology Policy

These tactics are best demonstrated in Winning the Web , an organizers manual for the anti-copyright movement sponsored by the Open Society Institute and written by an organizer of the UK group ORG, the UK based second cousin to the Electronic Frontier Foundation (see Stop 43 ).

The Unelected: Lessig taking shots at artists again

Music Technology Policy

If you were unaware of Lessig’s contempt for CISAC and organizations like ASCAP, you would probably pass right over this reference. Is it any wonder that people like Lessig who come from a non-union background would be immediately critical of artists who prefer to have the protection of their elected union officials advocating their views to Congress, or elected songwriter representatives taking the public heat for criticizing Lessig and his Creative Commons?

It gets you a meeting: How Google Music Failed to Deliver

Music Technology Policy

By comparison, I wonder how much they are spending on their illegal book scanning business and now on Google Art Project that is finally seeking to profit Google from visual fine artists, not to mention their many, many other lawsuits as they organize the world’s information against the world’s wishes (the most recent of which is defending separate lawsuits from Oracle and Paypal that Google “organized&# –that is, stole–their technology, too).

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

Music Technology Policy

As Jaron Lanier wrote of hive mind collectivism, “It’s not hard to see why the fallacy of collectivism has become so popular in big organizations: If the principle is correct, then individuals should not be required to take on risks or responsibilities. But most important is what is omitted–professional artists are represented by unions, not by the record companies and movie studios.

AFTRA Board Approves Joint Bargaining With SAG

Digital Media Law

In a statement, AFTRA National President Roberta Reardon cited “productive discussions with our counterparts at Screen Actors Guild” and added, “I look forward to continuing our work with SAG President Ken Howard and the leadership and members of our sister union as we move forward to bargain the strongest possible contracts for professional talent.” 31, 2009, the union has collected more than $6.6

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

Music Technology Policy

Mr. Weitzner was formerly employed as Deputy Policy Director for the Electronic Frontier Foundation, and was a co-founder of the Center for Democracy and Technology an organization that is kind of at the center of things these days.

A Royal Flush: The Poker Prof and his Full House React to the Protect IP Act–Part 1

Music Technology Policy

Consumers Union of US, Inc., This is all done under the Federal Rules of Civil Procedure (Rule 65 for those reading along) which has been on the books since at least the 1940s (and was the law before that with a different code section, if memory serves).

Update: Joshua Johnson’s KQED Forum on Rogue Sites

Music Technology Policy

I realize that the Silicon Valley 1% of the 1% is proudly non-union, but surely Johnson knows that “collective bargaining” is not a bunch of VCs setting a valuation. These tactics are best demonstrated in Winning the Web , an organizers manual for the anti-copyright movement sponsored by the Open Society Institute and written by an organizer of the UK group ORG, the UK based second cousin to the Electronic Frontier Foundation (see Stop 43 ).

Rogue Sites Legislation: Enter the Amendments for the 1% (Part 1)

Music Technology Policy

Well, they would be happy to, once you get a final nonappealable judgment from the highest court on a case by case basis for each pill, movie, song or book. The tactics of the anti-copyright crowd are best demonstrated in Winning the Web , an organizers manual for the anti-copyright movement sponsored by the Open Society Institute and written by an organizer of the UK group ORG, the UK based second cousin to the Electronic Frontier Foundation (see Stop 43 ).

Hollywood Labor: SAG Source Says a Strike Unlikely, Joint SAG-AFTRA Bargaining Likely; and the Year Ahead

Digital Media Law

A SAG strike in the upcoming negotiating cycle is “difficult to envision,” a source from SAG’s moderate faction, Unite for Strength, told me, though he/she cautioned that avoiding one will require that management negotiate reasonably and he/she wouldn’t take the strike option off the table (as, indeed, no union could). 3) Spanish Language Organizing. Ideally, the unions will decide that they should indeed bargain jointly. The “front of the book” portions of the Net Code (i.e.,

SAG-AFTRA Joint Bargaining: AFTRA Hesitates, Slightly; and More

Digital Media Law

One is that AFTRA is continuing with an organizing training program in all Locals whose purpose, I’m told, is to build strength at the bargaining table in AFTRA’s existing areas or jurisdiction, including by increasing AFTRA’s share of work in a variety of areas. Looks like AFTRA may be slowly bringing actors towards the day when all three performers unions merge, though there are certainly many steps between now and then, if indeed it ever happens.

The MTP Interview: Randy Himes of the American Federation of Radio and Television Artists

Music Technology Policy

AFTRA is part of the coalition of labor unions and guilds (including the AFL-CIO) supporting rogue sites legislation in the US Congress]. There are two principle unions in the music industry, the American Federation of Musicians (“ AFM “) and the American Federation of Radio & Television Artists (“ AFTRA “). AFTRA is a member of the AFL-CIO , which is the largest federation of unions in the United States with over 10 million members.

WGA Awards Fete Slumdog, Milk, Mad Men, 30 Rock

Digital Media Law

Some publishers declined to submit their titles for consideration, viewing the award as primarily an organizing tool for a guild seeking to gain a foothold in a non-unionized sector.

SAG Moves towards Joint Bargaining with AFTRA

Digital Media Law

Phase One is the 1981 agreement between the two unions under which they have jointly bargained with the studios for almost three decades, with the notable exception of 2007-2009. White updated the board on new institutional and member service initiatives including a revitalized organizing strategy and program.

Justice Sotomayor's Views on Copyright--is her reversal in Tasini instructive?

Music Technology Policy

In appointing Sotomayor,] President Obama stated.that 'I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book. Underlying all of the conflict between the technology business and the creative community is one essential truth--the technology business is owned by rich people getting richer and avoiding giving workers rights and dodging unions like the plague. Organize Google.

Reader Question of the Week 3/14/09: Interview with Randy Himes of the American Federation of Radio and Television Artists

Music Technology Policy

There are two principle unions in the music industry, the American Federation of Musicians (" AFM ") and the American Federation of Radio & Television Artists (" AFTRA "). AFTRA is a member of the AFL-CIO , which is the largest federation of unions in the United States with over 10 million members. AFTRA is one of the leading labor unions for recording artists and vocalists (as well as many other fields).

Big Tech Has Become Way Too Powerful: Google Is Playing By the Rules They Make

Music Technology Policy

Google is heading into a major fight with antitrust officials in the European Union for some of the same reasons the F.T.C. Not incidentally, Europe is also investigating Amazon for allegedly stifling competition in e-books, and Apple for doing the same in music.

Google’s Guide to RICO

Music Technology Policy

And you know, here in the United States we already have a law on the books, time tested and used all the time that handles just this situation. Its called the Racketeer Influenced Corrupt Organizations Act.

The Delay’s The Thing: April Fools and the Google Antitrust Case at the European Commission

Music Technology Policy

Today, for example, we read that the Bureau Européen des Unions de Consommateurs, one of the largest consumer rights groups in Europe says that Google’s settlement terms would allow Google to stack the deck to favor Google products in search results. (The The BEUC is the umbrella organization for all the national consumer rights groups in Europe and has its own detailed proposal on a potential settlement.) He said that after he finished one book, he would keep a journal.

We're Not in Watergate Anymore - New York Times

Communications And Entertainment Law Blog

WHEN John Dean published his book "Worse Than Watergate" in the spring of 2004, it seemed rank hyperbole: an election-year screed and yet another attempt by a Nixon alumnus to downgrade Watergate crimes by unearthing worse "gates" thereafter. No news organization buckled like Time. The book arrived in stores just as Judy Miller was jailed, as if by divine intervention to help illuminate her case.