Expert insights. Personalized for you.
Frank Fagan, EDHEC Business School, is publishing Optimal Social Media Content Moderation and Platform Immunities in the European Journal of Law and Economics. MORE
230(c), for online providers that host third party content. Circuit affirmed the dismissal of claims brought by multiple locksmith companies (the “plaintiffs”) against the operators of the major search engines (the “defendants” or “providers”) for allegedly publishing the content of fraudulent locksmiths’ websites and translating street-address and area-code information on those websites into map pinpoints that were displayed in response to user search requests. MORE
If you’re a gay gamer (a gaymer ), you might have wished from time to time to find a game or two with some gay/lesbian content. Lucky for you, someone has prepared a list of such games. That someone is a conservative, and evidently homophobic, investment advisory firm, but no matter—we appreciate the list. MORE
The suit claims the service is harming competitors, customers and copyright owners. read more. THR, Esq. Tech Tech THR Online MORE
YouTube has struck back with the usual squid ink trying to obfuscate Google’s absurdly ineffective Content ID and Content Management System (“CMS”), most recently to the New York Times. According to the Times : YouTube says that about 8,000 companies and organizations have access to Content IDand that independents may get access through affiliated companies and industry groups. You know, the way you have to be approved and have a license to use Content ID. MORE
In particular, there has been a trio of noteworthy circuit court-level opinions rejecting plaintiffs’ attempt to make an “end run” around the CDA based on the assertion that online service providers lose immunity if they algorithmically recommend or recast content in another form to other users of the site. Plaintiff, however, cannot plead around Section 230 immunity by framing these website features as content. MORE
You can view earlier installments here: Treehouse Informal learning (technical) Corporate MOOCs MOOCs Content libraries. The content is definitely designed for beginners, and it is great at what it does. My only other qualm is that the content seems aimed fairly exclusively at a beginner to early-intermediate audience. This is a challenge companies tend to face across all informal content, though there are solutions to be had. MORE
The platform itself has been using a type of copyright filter, its home-brewed Content ID, for over a decade. The algorithm compares newly uploaded footage against a database of registered videos, and demonetises (or takes down) any post containing matching content [which is also not quite right–it allows the user of Content ID to elect to block or monetize, with heavy pressure to monetize and not block]. Lie #2: Using Content ID Is Not Free. MORE
The post Actor Liability for Content – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. AUDIO: TRANSCRIPT: [link]. Can an actor or voice artist be liable for performing scenes or quotes from existing plays, movies and TV shows? Hi, I’m attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level. MORE
Meanwhile, the telecom industry is invoking the "Open Internet" rules to argue that TV programmers shouldn't be allowed to restrict access to streams. read more. THR, Esq. The Business Movies Television Business THR Online MORE
Lemley, Stanford Law School, has published Disappearing Content. One of the great advantages of digital content has been that for the last forty years, people have had access to whatever content they want whenever Mark A. Here is the abstract. MORE
Ned Snow, University of South Carolina, is publishing Content-Based Copyright Denial in volume 90 of the Indiana Law Journal (2015). Here is the abstract. No principle of First Amendment law is more firmly established than the principle that government may MORE
Intapp , a major provider of cloud-based business applications for larger law firms and financial services firms, said today it has signed an agreement to acquire Repstor , creator of Microsoft 365-based enterprise content management and team collaboration tools. MORE
Thomas of Fasken Martineau discusses provider liability in the case of Canadian users who "jump the geofence" in order to watch streamed US content. Ariel A. Read more here MORE
Competitive Enterprise Institute, has published The Case against Social Media Content Regulation: Reaffirming Congress’ Duty to Protect Online Bias, 'Harmful Content,' and Dissident Speech from the Administrative State as CEI, Issue Analysis 2020, no. Clyde Crews, Jr., MORE
They also use video content and podcasts two to three times as much as no-growth firms. When use of technology is compared against growth, the survey finds that high-growth firms use content management technology nearly twice as much as no-growth firms (51.4% MORE
During a preview briefing last week with Molly Miller , chief content officer at ALM, and Vanessa Blum , director of newsroom innovation, Miller told me that the initial launch of Legal Radar was somewhat of an experiment on ALM’s part. MORE
By Eriq Gardner FCC Chairman Julius Genachowski gave an important speech at the Brookings Institute today in an apparent embrace of net neutrality. He announced the agency has begun to formalize a set of principals that would prohibit Internet providers. MORE
Consumers have access to an ever increasing inventory of video content Rob Frieden, Pennsylvania State University College of Communications and Dickinson School of Law has published Next Generation Television and the Migration from Channels to Platforms. Here is the abstract. MORE
As laid out bill summary , the SAFE TECH Act’s main provisions would limit CDA immunity for: Actions related to advertisements or other paid content. However, despite what are presumably the best of intentions, any legislative attempt to excise harmful content from the web will not be easy. MORE
In a blog post last month, Google announced that it would extend certain commitments it made to the FTC in 2012 that were set to expire relating to, among other things, the scraping of third-party content for use on certain Google “vertical search” properties such as Google Shopping. As part of the extended commitment, Google reserved the right to display content that was sourced independently or to otherwise crawl and index web content to innovate in search. MORE
This is illustrated by three recent decisions in which courts dismissed claims that sought to impose liability on providers for hosting or restricting access to user content and for providing a much-discussed social media app filter. MORE
Katri Havu, University of Helsinki, is publishing Unfair Commercial Contracts and Online Content Distribution: Insights into Problems, Regulation and Potential of European Harmonization in Tidskrift utgiven av Juridiska Föreningen i Finland, 6/2014 (forthcoming). Commercial online content MORE
Content ID, YouTube’s digital fingerprinting technology, is under fire lately for very good reason. Originally touted by YouTube as an effective method of blocking illegal uploads, Content ID was ostensibly the service’s way to protect copyright holders. But Content ID quickly morphed into a self-serving massive moneymaker. YouTube dangles Content ID and monetization in general in front of music creators to lure us to participate. Content ID Offers a Pathetic Deal. MORE
The safe-harbour provisions shield service providers from liability for infringements perpetrated by their users, provided they expeditiously take down infringing content of which they have been notified – that is how it works in practice, at least. One thing I believe everyone can agree on is that the safe-harbour (aka “notice-and-takedown”) provisions of the DMCA aren’t working as they should. MORE
TRANSCRIPT: What can you do when someone uses your content without permission? The DMCA stands for Digital Millennium Copyright Act, and provides for a so-called “safe harbor” for services that carry user-generated content, IF they have a procedure for taking down infringing content their users post. If someone is using your content without your permission, here are the steps. AUDIO: [link]. MORE
Haupt, Columbia University Law School and Yale University Information Society Project, is publishing Professional Speech and the Content-Neutrality Trap in volume 127 of the Yale Law Forum (2017). Claudia E. Here is the abstract. The Eleventh Circuit’s en banc decision MORE
Rebecca Tushnet, Harvard Law School, is publishing Content Moderation in an Age of Extremes in Case Western Reserve Journal of Law, Technology & the Internet (volume 10, 2019). MORE
Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a refocusing of Facebook from “ helping [users] find relevant content to helping [users] have more meaningful social interactions.” Online Content Social Media CDA Section 230 Facebook news feed social media MORE
Arpan Banerjee has published Television Content Regulation in India: Are News Channels Crying Wolf? at 21 Entertainment Law Review (no. 58) (2010). Here is the abstract. Comments on the Indian Broadcasting Services Regulation Bill 2007 and the News Broadcasting Standards MORE
George Wright, Indiana University School of Law (Indianapolis), has published Content-Neutral and Content-Based Regulations of Speech: A Distinction that is No Longer Worth the Fuss. The popular binary distinction between content-based and content-neutral regulations of Here is the abstract. MORE
Graber, University of Zurich, Faculty of Law, has published The Future of Online Content Personalisation: Technology, Law and Digital Freedoms as i-call Working Paper Series (University of Zurich). Christoph B. Here is the abstract. As online information is increasingly tailored MORE
Here is the statement: “Nowhere does ROSS deny that it surreptitiously stole content from Westlaw. Earlier today, I reported on the motion to dismiss filed by ROSS Intelligence in a lawsuit filed against it by Thomson Reuters. MORE
In recent years, legal research companies have increasingly put an emphasis on providing access to practical content — content such as forms, checklists and practice notes that focuses less on the law in a given area and more on how to get things done. MORE
Content ID, YouTube’s digital fingerprinting technology, is under fire lately for very good reason. Originally touted by YouTube as an effective method of blocking illegal uploads, Content ID was ostensibly the service’s way to protect copyright holders. MORE
Because Pathgather aggregates formal learning content within organizations and informal learning from across the web into one place, we’re uniquely positioned to identify interesting corporate learning trends. For context, the kinds of formal and informal content we’re talking about: Formal Enterprise Content; Licensed or Produced Internally Internal Platforms: LMS, CMS, Cloud Storage, etc. Third-Party Content: Lynda.com, Coursera, Pluralsight, Khan, Udacity, etc. MORE
A prime example is YouTube’s standard practice of refusing to pay a revenue share retroactively after you catch them infringing your work using Content ID. The majors using Content ID have to employ still other means to catch them, sometimes manually, at great cost. MORE
The Canadian Radio-television and Telecommunications Commission says it is changing its approach toward broadcast content, and will no longer require specialty channels to include a specific amount of Canadian content. In addition, daytime Canadian tv will no longer include a MORE
Marc Cuban's Content Partners is suing Paramount Pictures for millions over what it alleges is breach of contract and fraud stemming from unpaid profits on various films such as "The Truman Show" and "A Civil Action," according to The Hollywood MORE
From The Hollywood Reporter: CBS and Netflix have entered into a two year deal to provide Netflix users streaming content of CBS Corp's material, including 90210, United States of Tara, Californication, and Dexter. In addition, Latin American subscribers will get MORE
Here’s a blast from the not so distant past on Content ID groundhog day… MUSIC • TECHNOLOGY • POLICY. YouTube has struck back with the usual squid ink trying to obfuscate Google’s absurdly ineffective Content ID and Content Management System (“CMS”), most recently to the New York Times. MORE
The prevalence of social production and the increase in User Generated Content Niva Elkin-Koren, University of Haifa Faculty of Law, is publishing Tailoring Copyright to Social Production, in volume 12 of Theoretical Inquiries in Law (2011). Here is the abstract. MORE
Eriq Gardner The European Court of Justice addresses a world where content published online is accessed universally and what the "ubiquity" of content means for libel, publicity, and privacy lawsuits. read more. THR, Esq. THR, Esq. The Business Tech Business International MORE
Kyle Langvardt, University of Detroit Mercy School of Law, is publishing Regulating Online Content Moderation in volume 106 of the Georgetown Law Journal (2018). Here is the abstract. The Supreme Court held in 2017 that “the vast democratic forums of MORE
Content Related Topics Music Technology Policy
JULY 1, 2020
A prime example is YouTube’s standard practice of refusing to pay a revenue share retroactively after you catch them infringing your work using Content ID. The majors using Content ID have to employ still other means to catch them, sometimes manually, at great cost.
Media Law Prof Blog
OCTOBER 29, 2020
Lemley, Stanford Law School, has published Disappearing Content. One of the great advantages of digital content has been that for the last forty years, people have had access to whatever content they want whenever Mark A. Here is the abstract.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Gordon P. Firemark
OCTOBER 6, 2016
The post Actor Liability for Content – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. AUDIO: TRANSCRIPT: [link]. Can an actor or voice artist be liable for performing scenes or quotes from existing plays, movies and TV shows? Hi, I’m attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.
LawSites
MAY 3, 2021
Intapp , a major provider of cloud-based business applications for larger law firms and financial services firms, said today it has signed an agreement to acquire Repstor , creator of Microsoft 365-based enterprise content management and team collaboration tools.
Media Law Prof Blog
AUGUST 5, 2020
Competitive Enterprise Institute, has published The Case against Social Media Content Regulation: Reaffirming Congress’ Duty to Protect Online Bias, 'Harmful Content,' and Dissident Speech from the Administrative State as CEI, Issue Analysis 2020, no. Clyde Crews, Jr.,
Media Law Prof Blog
JUNE 24, 2020
Frank Fagan, EDHEC Business School, is publishing Optimal Social Media Content Moderation and Platform Immunities in the European Journal of Law and Economics.
Music Technology Policy
JULY 3, 2020
Content ID, YouTube’s digital fingerprinting technology, is under fire lately for very good reason. Originally touted by YouTube as an effective method of blocking illegal uploads, Content ID was ostensibly the service’s way to protect copyright holders.
Music Technology Policy
MARCH 29, 2019
The platform itself has been using a type of copyright filter, its home-brewed Content ID, for over a decade. The algorithm compares newly uploaded footage against a database of registered videos, and demonetises (or takes down) any post containing matching content [which is also not quite right–it allows the user of Content ID to elect to block or monetize, with heavy pressure to monetize and not block]. Lie #2: Using Content ID Is Not Free.
Media Law Prof Blog
JANUARY 15, 2020
Rebecca Tushnet, Harvard Law School, is publishing Content Moderation in an Age of Extremes in Case Western Reserve Journal of Law, Technology & the Internet (volume 10, 2019).
LawSites
MAY 27, 2021
They also use video content and podcasts two to three times as much as no-growth firms. When use of technology is compared against growth, the survey finds that high-growth firms use content management technology nearly twice as much as no-growth firms (51.4%
New Media and Technology Law
MARCH 13, 2020
This is illustrated by three recent decisions in which courts dismissed claims that sought to impose liability on providers for hosting or restricting access to user content and for providing a much-discussed social media app filter.
Gordon P. Firemark
JULY 20, 2017
TRANSCRIPT: What can you do when someone uses your content without permission? The DMCA stands for Digital Millennium Copyright Act, and provides for a so-called “safe harbor” for services that carry user-generated content, IF they have a procedure for taking down infringing content their users post. If someone is using your content without your permission, here are the steps. AUDIO: [link].
Pathgather
JANUARY 5, 2016
You can view earlier installments here: Treehouse Informal learning (technical) Corporate MOOCs MOOCs Content libraries. The content is definitely designed for beginners, and it is great at what it does. My only other qualm is that the content seems aimed fairly exclusively at a beginner to early-intermediate audience. This is a challenge companies tend to face across all informal content, though there are solutions to be had.
Media Law Prof Blog
SEPTEMBER 18, 2017
Kyle Langvardt, University of Detroit Mercy School of Law, is publishing Regulating Online Content Moderation in volume 106 of the Georgetown Law Journal (2018). Here is the abstract. The Supreme Court held in 2017 that “the vast democratic forums of
Media Law Prof Blog
NOVEMBER 25, 2014
Katri Havu, University of Helsinki, is publishing Unfair Commercial Contracts and Online Content Distribution: Insights into Problems, Regulation and Potential of European Harmonization in Tidskrift utgiven av Juridiska Föreningen i Finland, 6/2014 (forthcoming). Commercial online content
Music Technology Policy
JUNE 3, 2016
YouTube has struck back with the usual squid ink trying to obfuscate Google’s absurdly ineffective Content ID and Content Management System (“CMS”), most recently to the New York Times. According to the Times : YouTube says that about 8,000 companies and organizations have access to Content IDand that independents may get access through affiliated companies and industry groups. You know, the way you have to be approved and have a license to use Content ID.
Media Law Prof Blog
AUGUST 8, 2012
Consumers have access to an ever increasing inventory of video content Rob Frieden, Pennsylvania State University College of Communications and Dickinson School of Law has published Next Generation Television and the Migration from Channels to Platforms. Here is the abstract.
Media Law Prof Blog
MARCH 12, 2015
The Canadian Radio-television and Telecommunications Commission says it is changing its approach toward broadcast content, and will no longer require specialty channels to include a specific amount of Canadian content. In addition, daytime Canadian tv will no longer include a
Media Law Prof Blog
MARCH 19, 2015
Thomas of Fasken Martineau discusses provider liability in the case of Canadian users who "jump the geofence" in order to watch streamed US content. Ariel A. Read more here
Media Law Prof Blog
MAY 21, 2010
Marc Cuban's Content Partners is suing Paramount Pictures for millions over what it alleges is breach of contract and fraud stemming from unpaid profits on various films such as "The Truman Show" and "A Civil Action," according to The Hollywood
New Media and Technology Law
AUGUST 28, 2019
In particular, there has been a trio of noteworthy circuit court-level opinions rejecting plaintiffs’ attempt to make an “end run” around the CDA based on the assertion that online service providers lose immunity if they algorithmically recommend or recast content in another form to other users of the site. Plaintiff, however, cannot plead around Section 230 immunity by framing these website features as content.
Media Law Prof Blog
NOVEMBER 18, 2010
The prevalence of social production and the increase in User Generated Content Niva Elkin-Koren, University of Haifa Faculty of Law, is publishing Tailoring Copyright to Social Production, in volume 12 of Theoretical Inquiries in Law (2011). Here is the abstract.
THR, Esq. Entertainment & Media Law Blog
SEPTEMBER 21, 2009
By Eriq Gardner FCC Chairman Julius Genachowski gave an important speech at the Brookings Institute today in an apparent embrace of net neutrality. He announced the agency has begun to formalize a set of principals that would prohibit Internet providers.
Media Law Prof Blog
JULY 27, 2011
From The Hollywood Reporter: CBS and Netflix have entered into a two year deal to provide Netflix users streaming content of CBS Corp's material, including 90210, United States of Tara, Californication, and Dexter. In addition, Latin American subscribers will get
Media Law Prof Blog
APRIL 7, 2016
Ned Snow, University of South Carolina, is publishing Content-Based Copyright Denial in volume 90 of the Indiana Law Journal (2015). Here is the abstract. No principle of First Amendment law is more firmly established than the principle that government may
Media Law
OCTOBER 30, 2020
In recent years, legal research companies have increasingly put an emphasis on providing access to practical content — content such as forms, checklists and practice notes that focuses less on the law in a given area and more on how to get things done.
Media Law Prof Blog
MARCH 5, 2015
George Wright, Indiana University School of Law (Indianapolis), has published Content-Neutral and Content-Based Regulations of Speech: A Distinction that is No Longer Worth the Fuss. The popular binary distinction between content-based and content-neutral regulations of Here is the abstract.
Media Law
JULY 13, 2020
Here is the statement: “Nowhere does ROSS deny that it surreptitiously stole content from Westlaw. Earlier today, I reported on the motion to dismiss filed by ROSS Intelligence in a lawsuit filed against it by Thomson Reuters.
Music Technology Policy
JULY 31, 2016
Content ID, YouTube’s digital fingerprinting technology, is under fire lately for very good reason. Originally touted by YouTube as an effective method of blocking illegal uploads, Content ID was ostensibly the service’s way to protect copyright holders. But Content ID quickly morphed into a self-serving massive moneymaker. YouTube dangles Content ID and monetization in general in front of music creators to lure us to participate. Content ID Offers a Pathetic Deal.
THR, Esq. Entertainment & Media Law Blog
DECEMBER 19, 2017
The suit claims the service is harming competitors, customers and copyright owners. read more. THR, Esq. Tech Tech THR Online
Digital Media Law
DECEMBER 5, 2008
If you’re a gay gamer (a gaymer ), you might have wished from time to time to find a game or two with some gay/lesbian content. Lucky for you, someone has prepared a list of such games. That someone is a conservative, and evidently homophobic, investment advisory firm, but no matter—we appreciate the list.
Music Technology Policy
MAY 26, 2016
The safe-harbour provisions shield service providers from liability for infringements perpetrated by their users, provided they expeditiously take down infringing content of which they have been notified – that is how it works in practice, at least. One thing I believe everyone can agree on is that the safe-harbour (aka “notice-and-takedown”) provisions of the DMCA aren’t working as they should.
Media Law Prof Blog
OCTOBER 21, 2016
Graber, University of Zurich, Faculty of Law, has published The Future of Online Content Personalisation: Technology, Law and Digital Freedoms as i-call Working Paper Series (University of Zurich). Christoph B. Here is the abstract. As online information is increasingly tailored
Media Law Prof Blog
OCTOBER 14, 2010
Arpan Banerjee has published Television Content Regulation in India: Are News Channels Crying Wolf? at 21 Entertainment Law Review (no. 58) (2010). Here is the abstract. Comments on the Indian Broadcasting Services Regulation Bill 2007 and the News Broadcasting Standards
New Media and Technology Law
JANUARY 30, 2018
Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a refocusing of Facebook from “ helping [users] find relevant content to helping [users] have more meaningful social interactions.” Online Content Social Media CDA Section 230 Facebook news feed social media
Media Law
NOVEMBER 9, 2020
During a preview briefing last week with Molly Miller , chief content officer at ALM, and Vanessa Blum , director of newsroom innovation, Miller told me that the initial launch of Legal Radar was somewhat of an experiment on ALM’s part.
THR, Esq. Entertainment & Media Law Blog
OCTOBER 26, 2011
Eriq Gardner The European Court of Justice addresses a world where content published online is accessed universally and what the "ubiquity" of content means for libel, publicity, and privacy lawsuits. read more. THR, Esq. THR, Esq. The Business Tech Business International
Music Technology Policy
MAY 15, 2017
Here’s a blast from the not so distant past on Content ID groundhog day… MUSIC • TECHNOLOGY • POLICY. YouTube has struck back with the usual squid ink trying to obfuscate Google’s absurdly ineffective Content ID and Content Management System (“CMS”), most recently to the New York Times.
New Media and Technology Law
JANUARY 22, 2018
In a blog post last month, Google announced that it would extend certain commitments it made to the FTC in 2012 that were set to expire relating to, among other things, the scraping of third-party content for use on certain Google “vertical search” properties such as Google Shopping. As part of the extended commitment, Google reserved the right to display content that was sourced independently or to otherwise crawl and index web content to innovate in search.
Media Law Prof Blog
APRIL 13, 2017
Haupt, Columbia University Law School and Yale University Information Society Project, is publishing Professional Speech and the Content-Neutrality Trap in volume 127 of the Yale Law Forum (2017). Claudia E. Here is the abstract. The Eleventh Circuit’s en banc decision
THR, Esq. Entertainment & Media Law Blog
JANUARY 15, 2016
Meanwhile, the telecom industry is invoking the "Open Internet" rules to argue that TV programmers shouldn't be allowed to restrict access to streams. read more. THR, Esq. The Business Movies Television Business THR Online
New Media and Technology Law
JUNE 21, 2019
230(c), for online providers that host third party content. Circuit affirmed the dismissal of claims brought by multiple locksmith companies (the “plaintiffs”) against the operators of the major search engines (the “defendants” or “providers”) for allegedly publishing the content of fraudulent locksmiths’ websites and translating street-address and area-code information on those websites into map pinpoints that were displayed in response to user search requests.
New Media and Technology Law
FEBRUARY 15, 2021
As laid out bill summary , the SAFE TECH Act’s main provisions would limit CDA immunity for: Actions related to advertisements or other paid content. However, despite what are presumably the best of intentions, any legislative attempt to excise harmful content from the web will not be easy.
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