For Your Consideration

Media Law Prof Blog

The Hollywood Reporter lists its choices for the top 10 law school programs in entertainment law here. It's the mag's first-ever compilation and includes picks such as UCLA and USC at numbers 1 and 2, Southwestern at number 4, and

Topidi on Words That Hurt: Normative and Institutional Considerations in the Regulation of Hate Speech in Europe @ECMIFlensburg

Media Law Prof Blog

Kyriadi Topidi, European Centre for Minority Issues; Institute of Law and Religion, Faculty of Law, has published Words that Hurt (1): Normative and Institutional Considerations in the Regulation of Hate Speech in Europe as ECMI Working Paper n.118.

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Long on Copyright Reform in the 21st Century: Adding Privacy Considerations Into the Normative Mix

Media Law Prof Blog

Doris Estelle Long, John Marshall Law School, is publishing Copyright Reform in the 21st Century: Adding Privacy Considerations into the Normative Mix in Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation with Flexibility (ANU Press 2018).

For Your Consideration: Hugh Grant

Media Law Prof Blog

Hugh Grant, plus tons of non-celebrities, take on the tabloids and their behavior before the Leveson board, though it seems as though the non-celebs aren't necessarily a supporting cast. More here from the Guardian

Three Last Minute Political Issues for Consideration by Broadcasters

Broadcast Law Blog

We’re down to the last week and a half before the election, but broadcasters can’t let up quite yet, as the last week is almost always the busiest for political advertising. Candidates, PACs and other groups try to get the last word before the voters go to the polls. Here are three issues that broadcasters should be considering in these last days before the election: Weekend Access.

FCC Delays Consideration of TV Incentive Auction Procedures

Broadcast Law Blog

However, yesterday, it was announced that the consideration of these matters would be delayed until the FCC’s August 6 meeting. The FCC was today supposed to be considering the adoption of a public notice that would specify the detailed procedures to be used in the incentive auction (see our articles here and here ).

For Your Careful Consideration: Charlie Sheen Fired From "Two and a Half Men"

Media Law Prof Blog

After careful consideration, Warner Bros. From The Hollywood Reporter: Warner Brothers has dropped the other shoe. Television has terminated Charlie Sheen’s services on "Two and a Half Men" effective immediately

For Your Consideration - Disney/Pixar's Irony IRON-E

Pixelization

Even if you are not a member of the Academy, you can't help but feel important as billboards, newspaper ads, and even radio ads all pucker up to you and offer something "for your consideration. It's a lovely time of year to be in LA.

For Your Consideration - Disney/Pixar's Irony IRON-E

Pixelization

Even if you are not a member of the Academy, you can't help but feel important as billboards, newspaper ads, and even radio ads all pucker up to you and offer something "for your consideration. It's a lovely time of year to be in LA.

A Minor Consideration: Reality TV and Child Stars

JetLawBlog

Unless you’ve been living under a rock, you’ve heard of Jon and Kate Gosselin. How can you miss them? They have been tabloid fodder for weeks. People can’t seem to get enough of them, especially since allegations of their marital infidelity have emerged. However, long before U.S. Weekly and People began profiting from their sinking relationship, America has been fascinated by the Gosselins.

FCC Proposes Rules for Captioning of Online Video - Important Considerations for TV Stations Putting Programming on the Internet

Broadcast Law Blog

Putting TV or cable programming onto the Internet may soon not be as easy as it once was, as the FCC has just issued its Notice of Proposed Rulemaking on the captioning requirements for online video. The proposals advanced by the Commission are summarized in our firm's Advisory on the subject, here.

Tenenbaum webcast update: Court postpones Jan. 22 hearing to allow appellate consideration of Internet 'narrowcast' issue

Copyrights & Campaigns

Judge Nancy Gertner, who is presiding over the record labels' infringement suit against Joel Tenenbaum, has postponed until Feb. 24 the Jan. 22 motion hearing that is the subject of a high-profile fight over whether it can be webcast. As Judge Gertner explains , "postponing the hearing will allow the First Circuit an opportunity to fully consider the petition before it," in which the labels are seeking to reverse Gertner's webcast order.

Court Tells FCC to Give More Consideration to Newspaper-Broadcast Cross Ownership Rules and to Policies to Promote Broadcast Ownership By Minorities

Broadcast Law Blog

In this new decision, the Court found that both the decision as to the newspaper cross ownership rules and the one dealing with diversity policies were wanting, and sent these matters back to the FCC for further consideration. Both of these issues are headed back to the FCC for further consideration. How will this consideration take place? The Third Circuit Court of Appeals has once again questioned the FCC's determinations on broadcast ownership issues.

Remember FCC Rules on Underwriting Limitations – And that They Don’t Apply to Spots Bought By Nonprofit Entities

Broadcast Law Blog

Advertising Issues Noncommercial Broadcasting advertising on noncommercial stations consideration for noncommercial underwriting FCC underwriting fines fundraising for noncommercial broadcasters public broadcasting advertising underwriting spots on noncommercial stationsLast week, the FCC reached a consent decree with a noncommercial broadcaster, where the broadcaster paid an $8000 penalty for, among other things, running underwriting spots that were too promotional.

The Debate Continues Over Using TV Spectrum for Wireless Broadband - Incentive Auctions, International Considerations, Deficit Reduction, and Public Safety All Play a Role

Broadcast Law Blog

The debate over repurposing some of the television spectrum for wireless broadband have been raging over the normally quiet Washington summer, as issues as diverse as the budget negotiations, the tenth anniversary of 9-11 and international treaties all play their part in the discussions.

FCC Gives No Special Consideration to Noncommercial Broadcasters Who Violate the Rules - Colleges Pay Attention to Your Radio Station!

Broadcast Law Blog

In a decision fining a noncommercial radio station $7200 for failure to have several year's worth of quarterly issues programs lists in its public inspection file , the FCC specifically stated that it does not have a reduced scale for fines for noncommercial broadcasters.

FCC Standards for Comparing Service by Mutually Exclusive Applicants for New Noncommercial Radio Stations Clarified by Court of Appeals

Broadcast Law Blog

Broadcast Auctions FM Radio Noncommercial Broadcasting Public Interest Obligations/Localism 307(b) Communications Act mutually exclusive applications NCE points system noncommercial radio comparative consideration

Radio Talkers Paid to Endorse Causes During Their Shows? What Should Stations Do?

Broadcast Law Blog

And this consideration is not just in connection with political talk programs - but wherever any on-air talent receives consideration for making a plug for a product or service on the station. This issue has already been a big deal on the video side of the media house, with both broadcasters and cable companies having been fined for including material in their programs without disclosing that they had received consideration for the inclusion of the material.

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$44,000 Fine for Radio Station Not Including Sponsorship Identification in Paid Message

Broadcast Law Blog

The decision here shows how seriously the FCC takes the issue of being able to identify who is trying to influence listeners by providing some form of valuable consideration to a broadcast station in exchange for the broadcast of a message. Advertising Issues FCC Fines Payola and Sponsorship Identification consideration for programming pay for play

Listen to Justice Scalia's Comments on Race Based Admissions - NBC News - I would have loved to have had racist Scalia in one of my law school jurisprudence classes. I would have kicked his ass, excuse my language. Yes my law school university was and is ranked considerably higher than the University of Texas.

Communications And Entertainment Law Blog

Listen to Justice Scalia's Comments on Race Based Admissions - NBC News

FCC Publishes Tentative Agenda For March 17th Open Meeting

Media Law Prof Blog

Among the items the FCC plans to discuss at this point: Improving the Emergency Alert System and Wireless Emergency Alerts Consideration of Two National Security Matters (unidentified The FCC has published the tentative agenda for its March 17th open meeting.

Thinking of Settlement in NCE Window? Do It Now as More FCC Point System Decisions are on Their Way

Broadcast Law Blog

Tags: 2007 NCE window NCE MX Groups NCE point system Noncommercial Broadcasting noncommercial FM applications noncommercial point system noncommercial radio comparative consideration settlement of NCE cases

Promoting your show with sweepstakes, contests and lotteries

Gordon P. Firemark

A promotion will be considered an illegal lottery if it has all three of the following components, those are: Consideration, an element of chance, and a prize. CONSIDERATION. Consideration refers to ways that people can essentially purchase their entry by some monetary or non-monetary action. In most jurisdictions, it is permissible to require consideration for entry into a contest, where the winners are chosen on some merit based criteria and not randomly, .

FCC Decides Only One Application Will Be Granted From NCE MX Group - Even Where Second Application Can Technically Co-Exist With Granted Construction Permit

Broadcast Law Blog

Tags: NCE MX Groups NCE points system Noncommercial Broadcasting choosing between competing noncommercial applications daisy chain noncommercial radio comparative consideration

FCC Says that Permittee of New Noncommercial FM Station Cannot Change Coverage Area if It Won the Permit Based on 307(b) Preference

Broadcast Law Blog

Tags: 307(b) NCE point system NCE preferences NCE radio Noncommercial Broadcasting construction permit construction permit condition educational radio noncommercial construction permit noncommercial point system noncommercial radio comparative consideration promises made in FCC application

Reconsideration of FCC Order on UHF Discount Published in the Federal Register – Starts Clock on Comments and Consideration of the Multiple Ownership Rules by a Republican-Led FCC

Broadcast Law Blog

While several parties went to Court to challenge the FCC’s decision ending the UHF discount , one broadcaster decided instead to ask for reconsideration. That petition for reconsideration has now been published in the Federal Register , giving interested parties until December 27 to comment, and other parties until January 6 to reply to any comments that are filed.

FCC Pulls Controversial Set-Top Box Proposal From Meeting Agenda

THR, Esq. Entertainment & Media Law Blog

FCC chairman Tom Wheeler says rules reshaping access to TV programming will remain under consideration, but that the FCC needs to resolve technical and legal issues. read more. THR, Esq. The Business Television Tech Business THR Online

Can (and should) producers use COVID-19 waivers from cast and crew to limit their liability?

Gordon P. Firemark

In the face of SAG-AFTRA’s directive to members and the limits placed on such waivers by Worker Compensation law, insisting on such waivers seems a wasted effort, with considerable downsides. The scenario.

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Baade on Not Calling a Spade a Shovel: Crucial Subtleties in the Definition of Fake News and Disinformation @B_Baade @FU_Berlin

Media Law Prof Blog

There is considerable agreement that false as Björnstjern Baade, Freie Universität Berlin, has published Don’t Call a Spade a Shovel: Crucial Subtleties in the Definition of Fake News and Disinformation, published on Verfassungsblog, April 14, 2020. Here is the abstract.

Today instead of focusing on the denial of civil rights to gay Americans, the Court focused on the procedural considerations given to the discriminating baker, by the Colorado Civil Rights Commission. This case is straight out of the late 19th Century Supreme Court playbook.

Communications And Entertainment Law Blog

Today instead of focusing on the denial of civil rights to gay Americans, the Court focused on the procedural considerations given to the discriminating baker, by the Colorado Civil Rights Commission. Justice Kennedy wrote in today's opinion “The neutral and respectful consideration to which Phillips was entitled was compromised here,” MASTERPIECE CAKESHOP, LTD.,

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Featured Resource: Preparing for the LIBOR Phase Out

Media Law

Download this paper which outlines the challenges and considerations for addressing LIBOR using contract intelligence.

When is an NFT a “Security” And Why You Should Care

Music Technology Policy

there is an investment of money or some other consideration, 2. Ripple also allegedly distributed billions of XRP in exchange for non-cash consideration, such as labor and market-making services. [For a backgrounder on NFTs, listen to the Artist Rights Watch podcast ) and the MTP post on NFTs and union residuals.]. There’s a serious issue of whether an NFT is itself a “security” bringing it within the authority of the U.S. Securities and Exchange Commission. The SEC enforces U.S.

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IMDb Age Publication Lawsuit Appealed

THR, Esq. Entertainment & Media Law Blog

The suit now goes to the Ninth Circuit for consideration of whether alleged errors by the district judge warrant a new trial. read more. The Business THR Online THR, Esq. IMDB Tech Business

UN Special Rapporteur Says New UK Government Bill May Violate Internationally Guaranteed Rights of Freedom of Expression

Media Law Prof Blog

The Guardian's Damien Gayle reports that a new bill under consideration by the UK government may violate international human rights law, according to David Kaye, UN special rapporteur on the promotion and protection of the right to freedom of opinion

ABA Issues Ethics Guidance On Lawyers Investing In Alternative Business Structures

LawSites

A second consideration, the ABA says, is choice of law: Which jurisdiction’s ethics rules apply to the lawyer’s investment activity, those of the lawyer’s home state or those of the state where the ABS is licensed.

Supreme Court Won't Review TV Streaming, File-Sharing Rulings

THR, Esq. Entertainment & Media Law Blog

Not under consideration: the legality of ivi's streaming or the constitutionality of a woman who was ordered to pay $222,000 for sharing 24 songs online. read more. The Business THR, Esq. Business

French Data Protection Authority Speaks to Web Scraping

New Media and Technology Law

Late last month, the French data protection authority, the CNIL, published guidance surrounding considerations behind what it calls “commercial prospecting,” meaning scraping publicly available website data to obtain individuals’ contact info for purposes of selling such data to third parties for direct marketing purposes.

Not You, ARPU: Another way to value streams on Spotify

Music Technology Policy

Claudio as done considerable work on trying to capture and express this value, so for today let’s do some rough justice using one of the approaches from the paper. I recently co-wrote with the noted international economist Professor Claudio Feijoo a paper for the World Intellectual Property Association on a new “streaming remuneration” royalty to be paid to all musicians and vocalists by streaming services.

Spotify Gives “Corporate Royalty” a Whole New Meaning

Music Technology Policy

In consideration for the non-competition covenant, we will pay Mr. Ek, in monthly installments during his restricted period, 12 times his monthly salary, less any income from future employment, in an amount up to 60% of Mr. Ek’s monthly salary.

Using short clips in educational video – Entertainment Law Asked & Answered

Gordon P. Firemark

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. AUDIO: TRANSCRIPT: www.firemark.com.

Legaltech Week 4.17.20: New Ethics Guidance on WFH and More from the Week’s News

Media Law

Full text: PBA Formal Opinion 2020-300 Ethical Considerations for Attorneys Working Remotely. This week’s top story is the release of the first ethics opinion to outline and address the issues raised by working from home due to the coronavirus crisis.

Can I Name my Characters after Famous Characters from Old Book – Entertainment Law Asked & Answered

Gordon P. Firemark

Modern copyright law protects things for a considerably longer time, 70 years beyond the author’s death. Modern copyright law protects things for a considerably longer time, 70 years beyond the author's death. AUDIO: TRANSCRIPT: www.firemark.com. Will you get in trouble if you name your characters after famous characters from an older book or film?

Comments Due August 2, 2021 on Media Ownership Issues Including Local Radio Ownership Limits

Broadcast Law Blog

Now parties who have waited along time for consideration of changes to the radio ownership rules (see our articles on some of the considerations in the possible changes to those rules here and here ) will have their opportunity to file new arguments about those changes – but don’t expect any quick action on these changes, particularly without a full complement of Commissioners on the FCC.