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. 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. MORE
The platform itself has been using a type of copyright filter, its home-brewed Content ID, for over a decade. First, let’s dispense with an implication of that last assertion–that YouTube would profit from ContentID by licensing Content ID to third parties. 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? MORE
Lili Levi, University of Miami School of Law, has published A 'Faustian Pact'?: Native Advertising and the Future of the Press. Here is the abstract. As technology undermines the economic model supporting the traditional press, news organizations are succumbing to MORE
Critics point to the role the CDA has played in protecting purveyors of hate speech, revenge porn, defamation, disinformation and other objectionable content. Are we comfortable with a legislative definition of “good” and “bad” content? 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
MP3Tunes and its founder Michael Robertson can't escape a determination of owing tens of millions of dollars to record labels and music publishers. read more. THR, Esq. The Business Movies Music Tech Business THR Online 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
It should come as no shock that Google chose Kafka (a long-time Google fan boy) as the safe interviewer for Lyor, but it really is stunning how oblivious Lyor is to how to scam Content ID which has leaked like the proverbial sieve since its inception. MORE
Copyright holders get the victory against a Dutch seller. read more. THR, Esq. Business Television Tech Business THR Online 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
The online provider loses its argument about the preemptive reach of an FCC rule. read more. THR, Esq. Business Television Tech Business THR Online 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
Recall that the Content Creators Coalition produced a couple videos that parodied the main two issues that the creative community has with YouTube: YouTube’s absurdly low royalties and YouTube’s absurd abuse of the DMCA safe harbor. 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
When it officially launched in December 2009, I wrote a review giving it credit for “getting into the game with swagger” by loading up on primary legal content, creating its own editorial enhancements, and developing its own citator to rival Shepard’s and KeyCite. 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
Megan Gray, Stanford Center for Internet & Society; Gray Matters, has published Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation -- Youtube. 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. By Maria Schneider. 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? 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. 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
Follow this link to a piece on Mashable about recent changes to Facebook ’s terms of service… It seems the social networking site now claims a perpetual license to any content (photos, videos, etc.) you choose to post on your facebook page. Even if you later cancel your Facebook account. Hat tip to Erin Jacobson for bringing this to my attention. 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
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. 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
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. 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
There have been a number of cases in which federal courts have been addressing the issue of peer to peer downloads of adult content. Most of the cases allege copyright infringement on a joint basis, i.e., that all the defendants who downloaded the content should be considered joint defendants. 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). 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
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.
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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?
Pathgather
DECEMBER 15, 2016
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. Third-Party Content: Lynda.com, Coursera, Pluralsight, Khan, Udacity, etc.
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. First, let’s dispense with an implication of that last assertion–that YouTube would profit from ContentID by licensing Content ID to third parties.
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).
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? 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.
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).
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. You know, the way you have to be approved and have a license to use Content ID.
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
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. By Maria Schneider.
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
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.
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
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
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
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.
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
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.
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
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
APRIL 26, 2018
Megan Gray, Stanford Center for Internet & Society; Gray Matters, has published Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation -- Youtube.
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.
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.
Film and Television Law Blog
FEBRUARY 5, 2014
There have been a number of cases in which federal courts have been addressing the issue of peer to peer downloads of adult content. Most of the cases allege copyright infringement on a joint basis, i.e., that all the defendants who downloaded the content should be considered joint defendants.
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.
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
Music Technology Policy
MAY 10, 2017
It should come as no shock that Google chose Kafka (a long-time Google fan boy) as the safe interviewer for Lyor, but it really is stunning how oblivious Lyor is to how to scam Content ID which has leaked like the proverbial sieve since its inception.
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
JUNE 19, 2020
Critics point to the role the CDA has played in protecting purveyors of hate speech, revenge porn, defamation, disinformation and other objectionable content. Are we comfortable with a legislative definition of “good” and “bad” content?
Media Law
APRIL 3, 2012
When it officially launched in December 2009, I wrote a review giving it credit for “getting into the game with swagger” by loading up on primary legal content, creating its own editorial enhancements, and developing its own citator to rival Shepard’s and KeyCite.
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
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.
THR, Esq. Entertainment & Media Law Blog
JUNE 21, 2018
The online provider loses its argument about the preemptive reach of an FCC rule. read more. THR, Esq. Business Television Tech Business THR Online
THR, Esq. Entertainment & Media Law Blog
APRIL 26, 2017
Copyright holders get the victory against a Dutch seller. read more. THR, Esq. Business Television Tech Business THR Online
THR, Esq. Entertainment & Media Law Blog
OCTOBER 25, 2016
MP3Tunes and its founder Michael Robertson can't escape a determination of owing tens of millions of dollars to record labels and music publishers. read more. THR, Esq. The Business Movies Music Tech Business THR Online
Media Law Prof Blog
MAY 21, 2015
Lili Levi, University of Miami School of Law, has published A 'Faustian Pact'?: Native Advertising and the Future of the Press. Here is the abstract. As technology undermines the economic model supporting the traditional press, news organizations are succumbing to
Gordon P. Firemark
FEBRUARY 17, 2009
Follow this link to a piece on Mashable about recent changes to Facebook ’s terms of service… It seems the social networking site now claims a perpetual license to any content (photos, videos, etc.) you choose to post on your facebook page. Even if you later cancel your Facebook account. Hat tip to Erin Jacobson for bringing this to my attention.
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