LexisNexis Releases Unique ‘Crowdsourced’ Resource for Commercial Leases

Media Law

LexisNexis today launched a unique “crowdsourced” solution to a problem faced by lawyers who negotiate commercial leases, which is the lack of data on market standards and trends to aid them in lease negotiations.

SAG-AFTRA Commercials Update

Digital Media Law

Small moves by each side, but movement nonetheless, characterizes the ongoing commercials contract negotiations being held in New York between SAG and AFTRA jointly and the advertising industry, according to a source close to the talks. Tags: advertising SAG Labor Unions JPC Commercials AFTRA strike

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SAG Commercials Negotiations Process Advances

Digital Media Law

The SAG-AFTRA commercials contract seems to be suffering little of the turbulence afflicting the long-expired SAG TV/theatrical contract. The SAG and AFTRA Commercials Contracts will be bargained under the terms of the Phase One Agreement that applies to the Commercials Contracts negotiations only. Tags: SAG Commercials AFTRA So far anyway. fingers crossed.

Compelled Commercial Speech

Media Law Prof Blog

Robert Post, Yale Law School, is publishing Compelled Commercial Speech in the West Virginia Law Review. Here is the abstract. This paper is the text of the fourth annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy at the

Lex Machina Expands Its Legal Analytics Into Commercial Litigation

Media Law

The legal analytics company Lex Machina today announced what it is describing as the most ambitious and largest expansion yet of its analytics into a new practice area, commercial litigation. The post Lex Machina Expands Its Legal Analytics Into Commercial Litigation appeared first on Robert Ambrogi's LawSites.

Actors Commercials Negotiations Deteriorate

Digital Media Law

Though it gets less play than the stalled SAG TV/theatrical talks , SAG and AFTRA have been jointly negotiating for several weeks with the advertising industry over the commercials contract. Among other things, the current commercials contract apparently has no minimums in new media. Yet another significant issue is a proposal by the JPC to dramatically alter the way residuals are paid for national commercials—so-called Class A residuals.

Actors Union SAG-AFTRA and Industry Postpone Commercials Negotiations

Digital Media Law

SAG-AFTRA and the advertising industry have agreed to postpone their previously-scheduled early negotiations of the union’s commercials agreement, the union announced Saturday. The parties need more time, said the union, to address “data challenges” regarding a study that may result in a revamp of the commercials residuals system, referred to as Gross Ratings Points (GRP).

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Nike's Colin Kaepernick “Just Do It” Commercial! | Video

Communications And Entertainment Law Blog

Nike's Colin Kaepernick “Just Do It” Commercial! Video

Harvey Keitel Sues E*Trade for Dropping Him From Commercials

THR, Esq. Entertainment & Media Law Blog

The 'Pulp Fiction' star says the company owes him $1.5 million from a previous contract. read more. THR, Esq. Movies Movies Business THR Online Harvey Keitel

Commercial Speech and Health Policy

Media Law Prof Blog

Commercial Free Speech vs. Public Health Promotion (at the FDA), in volume 21 of Health Matrix (2011). Lars Noah, University of Florida College of Law, has published Truth or Consequences?: Here is the abstract. Fundamental tensions obviously exist between constitutional

Godzilla Is On a Litigation Rampage Over Honda Commercial

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Toho sues Honda over TV commercial featuring Godzilla cameo. read more. THR, Esq. Television Television

Congress Passes CALM Act to Restrict Loud Commercials

Broadcast Law Blog

Yesterday, the House of Representatives passed the CALM Act, directing the Federal Communications Commission to adopt regulations controlling the volume of commercials on television broadcast stations, cable systems, satellite, and other multichannel video programming providers. ATSC A/85 standard Advertising Issues CALM Act Television limits on commercial volume loud commercials why are commercials louder than TV programs

Congress Passes Law To Quiet TV Commercials

Media Law Prof Blog

In early December, Congress got bi-partisan to pass the Commercial Advertisement Loudness Mitigation (CALM) Act. While its name isn't graceful, it's descriptive enough--it's aimed at those screechy commercials that lift you out of your It went into effect December 13th.

Adler @jadler1969 on Persistent Threats to Commercial Speech

Media Law Prof Blog

Jonathan Adler, Case Western Reserve School of Law; PERC, is publishing Persistent Threats to Commercial Speech in volume 25 of the Journal of Law & Policy. Here is the abstract. The current Supreme Court is very protective of speech, including

'Lassie' Owner Files $1 Million Lawsuit Against TV Dog Commercial (Video)

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Is this TV commercial a copy of 'Lassie' or merely reminiscent? read more. THR, Esq. Television Television

Beer pong players sue over inclusion in 'World's Funniest Commercials'

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner We have a hilarious complaint from two individuals who showed off their deft beer pong tricks in an ad for Carlsberg and who are now suing the brewer, TBS and the production company behind "Worlds' Funniest Commercials.".

Hulk Hogan trying to bodyslam 'Hulk' cereal commercial (video)

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Hulk Hogan is suing over a commercial for Cocoa Pebbles cereal. The Hulkster says Post Foods stole his likeness to depict him suffering humiliating defeat to Bam-Bam of "Flintstones" fame. Terry Bollea (Hulk's real name) filed the.

Health Regulation and the Commercial Speech Doctrine

Media Law Prof Blog

David Orentlicher, University of Iowa College of Law & Indiana University School of Law, Indianapolis, has published The Commercial Speech Doctrine in Health Regulation: The Clash between the Public Interest in a Robust First Amendment and the Public Interest in

APA Accused of Raiding Clients in Lawsuit From Commercial Talent Agency

THR, Esq. Entertainment & Media Law Blog

But L.A. Talent cannot find the contracts for some of the clients it says jumped. read more. THR, Esq. The Business Culture Business THR Online APA Representation

Author Sues WME Over Chobani Super Bowl Commercial

THR, Esq. Entertainment & Media Law Blog

Dov Seidman says WME encouraged an ad agency it has a stake in to use his mantra without asking his permission. read more. THR, Esq. The Business Business THR Online

Harvey Keitel Loses Appeal Over Being Dropped from E*Trade Commercials

THR, Esq. Entertainment & Media Law Blog

The actor thought he had a $1.5 million deal. But it's held that a term sheet doesn't substitute for a formal written agreement. read more. THR, Esq. Business Television Business THR Online

The Supreme Court and Review of Commercial Speech

Media Law Prof Blog

The conventional wisdom is that the Supreme Court’s First Amendment review of commercial speech restrictions has gradually become more and more stringent Micah L. Berman, Ohio State University, has published Manipulative Marketing and the First Amendment. Here is the abstract.

Google’s Blood Money: RU 486 Commercials on YouTube

Music Technology Policy

Google not only distributes commercials for RU 486, they also monetize the commercials and split the money with brands–this time with Farmers Insurance, no less. The Food and Drug Administration has very clear guidelines for drugs you should not buy over the Internet. One of those drugs is RU 486 (or Mifepristone).

A Sumamry of the FCC Rules Implementing the CALM Act to Regulate Loud TV Commercials

Broadcast Law Blog

The FCC this week adopted its rules implementing the CALM Act to address the public perception that commercials are too loud – louder than the programming which they accompany. The rules also allow a safe harbor by which stations and MVPDs can comply with the Act in connection with “embedded commercials”, i.e. commercials that are sent to the station or system by a network or other program supplier.

Samaha and Germano on Whether Commercial Speech Cases Are Ideological: An Empirical Inquiry @nyulaw

Media Law Prof Blog

Samaha and Roy Germano, both of the New York University School of Law, are publishing Are Commercial Speech Cases Ideological? Adam M. An Empirical Inquiry in the William & Mary Bill of Rights. Here is the abstract. The empirical study

Adler on Compelled Commercial Speech and the Consumer's "Right to Know"

Media Law Prof Blog

Adler, Case Western Reserve University School of Law and PERC (Property and Environment Research Center), is publishing Compelled Commercial Speech and the Consumer 'Right to Know' in the Arizona Law Review (2016). Compelled commercial Jonathan H. Here is the abstract.

PepsiCo Pulls Extremely Offensive Mountain Dew Commercial

Media Law Prof Blog

PepsiCo has pulled an ad for its popular drink Mountain Dew after viewers objected to it, calling it racist and misogynistic. The ad, which was created by the rapper Tyler, the Creator, features a woman who looks as if she

The Black Keys on Warpath Against 'Soundalikes' in TV Commercials

THR, Esq. Entertainment & Media Law Blog

After suing Pizza Hut and Home Depot, the band is now taking on the operator of casinos. read more. Music THR, Esq. Television Business The Black Keys

FCC Being Anything but CALM About Congressional Letter – Asks for Public Comments on CALM Act Enforcement

Broadcast Law Blog

The letter noted that the FCC has received thousands of complaints about loud commercials in the decade that the law has been in effect without having taken any enforcement action. The CALM Act (the Commercial Advertisement Loudness Mitigation Act) was passed in 2011 due to the perception of many in Congress that the volume of commercials on broadcast, cable and satellite television was far higher than that in the programming that surrounded the commercials.

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Hollywood Docket: 'Spawn' litigation; Senate vs. loud commercials; Ron Tutor

THR, Esq. Entertainment & Media Law Blog

A federal judge is scheduled to hold a hearing today in a long-running dispute between Todd McFarlane and Neil Gaiman over profits owed over royalties from the "Spawn" franchise. [AP] AP] Wouldn't be a Monday without a YouTube legal controversy. There's.

Nike sues to include Vince Lombardi speech in commercial

THR, Esq. Entertainment & Media Law Blog

By Eriq GardnerDead celebrities have become cash cows for their estates. Laws protecting the publicity rights of the deceased have been expanded, and no management firm has benefited more from the trend than CMG Worldwide, representing Elvis, Marilyn Monroe, James.

White Stripes claim Super Bowl commercial ripped off riff

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Jack White of the White Stripes once sang: "I'm gonna fight 'em all / A seven nation army couldn't hold me back / They're gonna rip it off / Taking their time right behind my back."

White Stripes claim Super Bowl commercial ripped off riff

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Jack White of the White Stripes once sang: "I'm gonna fight 'em all / A seven nation army couldn't hold me back / They're gonna rip it off / Taking their time right behind my back."

Balancing Commercial Speech and Consumers' Right To Know

Media Law Prof Blog

Jessie Smith Nibley, University of Pennsylvania Law School, has published Commercial Freedom of Speech vs. Consumers' Right to Know: Milking the First Amendment for All It's Worth. Here is the abstract. The FDA's antagonism toward mandatory disclosure by food producers

FCC Seeks Comments on Implementation of CALM Act Regulating Loud Commercials on Broadcast and Cable Television

Broadcast Law Blog

In December, the Commercial Advertisement Loudness Mitigation (“CALM”) Act was adopted by Congress and signed by the President, addressing consumer complaints about television commercials that seem louder than the program content that they accompanied. The safe harbor would require that the stations and systems install and maintain their own equipment and software necessary “in a commercially reasonable manner” to achieve compliance with ATSC A/85 RP.

Gilbert Gottfried Gone From Aflac Commercials

Media Law Prof Blog

Aflac, the insurance company, has parted ways with comedian Gilbert Gottfried, who provides the voice for the Aflac duck, after Mr. Gottfried sent out what the company characterized as "tasteless tweets" on the subject of last week's earthquake and tsunami

Stanford Hospital Discovers Patient Financial Information Loaded On Commercial Website

Media Law Prof Blog

From the New York Times comes news that medical information including billing codes and other financial data from Stanford Hospital turned up on a commercial website called "Student of Fortune" last year and has been there for approximately a year

Republican: Using Don Henley songs in commercials is parody of 'Hollywood and entertainment elite'

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Republican senatorial candidate Chuck DeVore argues in a new court filing that he should be able to use songs by Don Henley in campaign commercials because Hollywood elite are ripe for parody. DeVore is defending a copyright.

The 50 Dollar Handshake Goes to Washington: Payola, Spotify and Steering Agreements

Music Technology Policy

Instead, both were based on state law commercial bribery statutes on the theory that improper payments were being received for a commercial advantage. Payola Spotify Spotify Meltdown Streaming Meltdown 50 Dollar Handshake Artist Rights Alliance Ashley Cullins Commercial Bribery Hank Johnson Jerry NadlerIt will be old news to MTP readers, but Spotify has yet another feature that smacks of pay to play, or what is sometimes called “payola.”

Hell Has Frozen Over: Apple Joins the Competition on Artist Royalty Payments with Some Good Karma

Music Technology Policy

Instead, both were based on state law commercial bribery statutes on the theory that improper payments were being received for a commercial advantage. I have always thought that “steering agreements” implicate the “other valuable consideration” and “indirect payment” prongs of the payola rules and could implicate state law commercial bribery. Apple Music Spotify Spotify Meltdown Commercial Bribery Payola

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@edchristman: Commercial Radio Group Files Antitrust Lawsuit Against Irving Azoff’s Global Music Rights — Artist Rights Watch

Music Technology Policy

via @edchristman: Commercial Radio Group Files Antitrust Lawsuit Against Irving Azoff’s Global Music Rights — Artist Rights Watch. With ASCAP and BMI still under unaltered consent decrees and SESAC agreeing to rate-setting arbitration in a 2015 settlement, the Radio Music Licensing Committee (RMLC) is going for the grand slam with an antitrust lawsuit against boutique performance rights organization Global Music Rights.

"Super Bowl" is a Registered Mark--Don't Use in Commercials or Promotions Without Permission

Broadcast Law Blog

You are free to use trademark protected terms like "Super Bowl" in news stories or noncommercial discussions about the event under a concept known as "nominative fair use," but use of trademarked terms in a commercial context crosses the line from acceptable to unacceptable use. Intellectual Property super bowl super bowl copyright super bowl in commercials super bowl trademark

Ofcom Considering Changes To Commercial Advertising Rules

Media Law Prof Blog

Ofcom, the British agency that regulates broadcasting, is looking at the rules governing commercial advertising, and may allow radio stations greater freedom to make money by promoting services linked to content on air. What's at issue, says Ofcom, are "editorial