Arbel on Slicing Defamation by Contract @ProfArbel

Media Law Prof Blog

Arbel, University of Alabama School of Law, has published Slicing Defamation by Contract at Chicago Law Review Online (2020). Yonathan A. Here is the abstract. In considering the problem of fake news, many debate the merits of expanding media liability

The importance of “Court approval” of a minor’s contracts.

Gordon P. Firemark

“She signed a contract! ” Did you know that a minor can walk away from a contract without consequence? Did you know that in the eyes of the law, a minor isn’t considered “competent” to make a binding contract? Did you know that except in extraordinary circumstances, even after entering into a contract, a minor can simply disaffirm its existence and walk away? Need help getting court approval for your contract?

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Contracts must prohibit sexual harassment in the entertainment workplace.

Gordon P. Firemark

So, here's my call to action to all my clients, fellow lawyers, and to the entire community: Every deal, every transaction, every business activity must, from this day forward , confront the issue of sexual harassment head-on and include a provision declaring sexual harassment unacceptable, a breach of contract, and grounds for immediate termination. . ” All of our contracts need to explicitlyy say that harassment will get you fired.

Contract Lifecycle Company Agiloft Gets $45M Investment and New CEO

Media Law

The contract management lifecycle company Agiloft has received a $45 million growth equity investment from FTV Capital — the first outside investment for this 29-year-old California company.

Pandemic: Force Majeure Contracts and Insurance in the Music Business

Music Technology Policy

Force majeure” or the less secular “Act of God” clause is a species of the “impossibility of performance” defense to a breach of contract claim that excuses the liability of a nonperforming party. Force majeure clauses typically break between suspending performance for a period of time and allowing the parties to terminate the contract, with little or no penalty. Contract 1. Contract 2. Contract 1. Contract 2. Contract 1. Contract 2.

Warranties and Representations – What these contract clauses really mean.

Gordon P. Firemark

If you're like most of the entertainment industry folks I come into contact with, you've signed a few contracts in your day. You see, after the “grant of rights” language in most entertainment deals, the “warranties and representations” section may be the most important part of the contract. What am I promising when I sign this contract? Warranties and Representations – What these contract clauses really mean.

Non-Artificial Contracts Intelligence Joins Artificial Intelligence Contracts Company

Media Law

In news that should bring solace to all lawyers who fear losing ground to AI robot overlords, an artificial intelligence contract-review company has announced the addition to its board of advisors of a distinctly non-artificial intelligence in the area of legal contracts. LegalSifter, whose product uses AI to review contracts and identify critical or missing […].

Arbitration in Entertainment Contracts: Worth fighting about?

Gordon P. Firemark

Yesterday, the producers secured a victory on this front, with the Court ordering claims to arbitration under Sheen’s contract. Arbitration clauses are common in entertainment industry contracts for a number of reasons. This is not to say that some arbitration proceedings aren’t formal, only that it’s often within the parties’ discretion to decide (at the time of contracting) on a less rigid procedural approach. Image via Wikipedia.

Featured Resource: Artificial Intelligence 101: Introducing AI into Contract Management

Media Law

This week’s featured resource: White Paper: Artificial Intelligence 101: Introducing AI into Contract Management. Description: Artificial intelligence (AI) is already sharpening professional best practices across a variety of industries – including contract management.

New Product from AI Contract Management Company LinkSquares Covers the Contract Creation Process

Media Law

LinkSquares , a Boston-based company that provides an AI-based contract management and analysis platform for corporate legal departments, is today announcing the roll-out later this month of a product that extends its platform to the pre-signature, contract-generation process, to offer enterprises an end-to-end platform for drafting, reviewing and managing contracts. Contract review and versioning.

In First for Contracts AI, Kira Creates Algorithm to Protect ‘Inferential’ Confidentiality of Training Data

Media Law

In what it says is a first for artificial intelligence contract-analysis platforms in the legal industry, Kira has developed a differential privacy algorithm that protects the confidentiality of text in model training data when a user shares a machine-learning model with other firms or organizations.

The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts.

Gordon P. Firemark

The unreasonable expansion of the Right of First Refusal Clause in entertainment contracts. A right of last refusal gives one party to a contract the right to accept any bona fide offer made by a third party for some right. When negotiating contracts with reservations of rights, it is of utmost importance that rights holders resist the use of clauses granting rights of last refusal.

His UnitedLex Disrupted Legal Services, Now Ajay Agrawal Aims to Disrupt Contracts

Media Law

But Agrawal was becoming increasingly intrigued by a problem a client had described to him as one of “contract education” — the gap between the promises made in an organization’s contracts and the promises ultimately delivered.

‘Contract Tools’ Is A Toolkit for Reviewing Complex Contracts in Word

Media Law

That’s the idea behind Contract Tools, a Microsoft Word for Windows add-in designed to provide attorneys with the right tools to analyze, navigate, search, proofread and edit contracts. The post ‘Contract Tools’ Is A Toolkit for Reviewing Complex Contracts in Word appeared first on Robert Ambrogi's LawSites. General Contract Tools Paper SoftwareAny job is made easier by having the right tools.

Why it’s dangerous to rely on free online entertainment law contract forms

Gordon P. Firemark

Boilerplate contracts: 3 Legal Risks. Last week, I read an interesting post by Betty Wang , over at Findlaw's Free Enterprise blog, titled “Using Boilerplate Contracts? Those of us who draft contracts for clients in the entertainment industry have to keep up with developments in the law, as well as changes in the “custom and practice” within the trade. Unfortunately, many contract forms found in books or on the web are simply outdated.

Conan's 'Tonight Show' contract revealed

THR, Esq. Entertainment & Media Law Blog

By Matthew Belloni If there was one big mystery in the Great Late-Night Fiasco of 2010, it was whether NBC actually specified in Conan O'Brien's contract that “The Tonight Show” had to begin at 11:35 p.m. Tags: Contracts & Riders Talent & Studios Television This seemingly small detail.

New Contract Drafting Tool: ACC Contract Advisor

Media Law

The Association of Corporate Counsel today launched ACC Contract Advisor , a contract-drafting tool built on what is described as a “vast collection” of sample contracts and thousands of real-world clauses. Contract Advisor offers four primary features: Model contracts. For its initial launch, Contract Advisor includes 10 contracts and policies. For each contract type, select from a wide range of thousands of clauses.

Is “throughout the universe” contract language broad enough?

Gordon P. Firemark

In his post today he discusses a Wall Street Journal article that pokes fun at entertainment lawyers’ use of “throughout the universe, in perpetuity&# to define the territorial scope and the term of rights being granted by a contract. Related posts: Copyright and Contract in conflict? Is Jon Lovitz's life-long contract really a life sentence Eriq Gardner at the Hollywood Reporter, Esq. blog has got me thinking.

Conan's 'Tonight Show' contract revealed

THR, Esq. Entertainment & Media Law Blog

By Matthew Belloni If there was one big mystery in the Great Late-Night Fiasco of 2010, it was whether NBC actually specified in Conan O'Brien's contract that “The Tonight Show” had to begin at 11:35 p.m. Tags: Contracts & Riders Talent & Studios Television This seemingly small detail.

Web Scraping Decisions Consider Contract Cause of Action

New Media and Technology Law

Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to “ clickwrap ” and “ browsewrap ” website terms of use. s (“Southwest”) breach of contract claim against an entity that scraped airfare data from Southwest’s site in violation of the website terms of use.

Litera Acquires AI-Powered Contract Drafting Platform Bestpractix

Media Law

The document technology company Litera has acquired Bestpractix , a three-year-old, Israel-based company whose platform for contract review, negotiation and drafting uses natural language processing and machine learning to provide contract-drafting recommendations based on both a firm’s own previously negotiated agreements and on publicly available agreements.

Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

New Media and Technology Law

In an important ruling vindicating Uber’s user registration and electronic contracting process, the Second Circuit reversed the lower court and held that the notice of Uber’s terms of service was reasonably conspicuous and that the plaintiff unambiguously manifested assent to the terms, and therefore agreed to arbitrate his claims with Uber. This presentation differs sharply from the online contracting screen the Second Circuit considered last year in Nicosia v.

CFAA Claim Dismissed in Scraping Suit, While Contract Claim Survives

New Media and Technology Law

As a result, CouponCabin brought several causes of action against PriceTrace, including claims under the Computer Fraud and Abuse Act (CFAA), tortious interference and breach of contract. The contract claim also survived dismissal. Instead, the court allowed the contract claim to go forward based on the allegation that PriceTrace received the C&D letter from CouponCabin that highlighted the terms yet still continued to access the site despite this knowledge.

BlackBoiler Raises $3.2M To Further Develop Its Automated Contract Review Technology

Media Law

BlackBoiler , a company whose AI-based technology automatically marks up draft contract language, said today that it has secured $3.2 “We estimate that Fortune 1000 companies spent $35 billion on high-volume contracts, and contracts aren’t going away or getting shorter.

Fixing the Legacy DMCA by Contract

Music Technology Policy

Don’t these artists deserve a modern contract with the most valuable company on the planet? Which should come first: Fixing the legacy business problems in a contract or a legislative fix? Fixing the problems in a contract is much more doable, will produce a quicker result and could be a guidepost for any legislative reform to bring the DMCA into the 21st Century. If you check all the YouTube contracts, they are all with Google, not YouTube.

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Is a Pay or Play contract really all it’s cracked up to be?

Gordon P. Firemark

One of the most coveted clauses in entertainment industry contracts is the Pay or Play Clause. “Guarantee” suggests the involvement of a third-party who's promising to pay if the primary party to the contract fails to perform. Similarly, “through no fault of his or her own” is a bit narrow, because the clause could/should be triggered even when the person is not formally “released” from the contract.

SAG Contract Graveyard

Digital Media Law

Where do SAG contracts go when they expire? Here’s the tally of contracts that have expired or will do so shortly, in order by expiration date: Agency Franchise Agreement (expired 2002). As SAG itself explains , the Franchise Agreement’s expiration means that SAG members have less protection from agents who, for instance, seek commissions greater than 10%, or a longer contract term length (for the representation) than the previously-effective franchise agreement allowed.

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Teamsters Ratify Contract; Strike Averted

Digital Media Law

In a surprising development, Hollywood Teamsters leaders at a standing room only membership meeting this morning asked the membership to ratify a 2 year contract proposed by the studios. The membership then voted 97.3% to 2.7% to ratify, ending the possibility of a strike that could have shuttered much film and television production. For details, see my Hollywood Reporter story. ——————— Subscribe to my blog ( jhandel.com ) for more about entertainment law and digital media law.

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How do you Persuade Your Competitors and Colleagues to Comply with Copyrights and Contract Provisions? – Entertainment Law Asked & Answered

Gordon P. Firemark

TRANSCRIPT: How do you persuade your competitors and colleagues to comply with copyrights and contract provisions? The reason I am contacting you is to get advice on how to convince other companies to honor the copyrights and contracts of other artists and companies before they get in trouble on their own. So how do you convince folks to respect copyrights and contracts? VIDEO: [link].

Fox-Netflix Poaching Fight Questions Enforceability of Employment Contracts

THR, Esq. Entertainment & Media Law Blog

Can an employer enforce a contract by any means other than litigation? read more. THR, Esq. Business Business THR Online Netflix

Three Legaltech Companies, All in Contracts, Have Financing Rounds, for Total of $26M

Media Law

We may all be working from home, but that doesn’t mean investment money isn’t flowing into legaltech — and particularly into legaltech for commercial contracts. This week, three companies, all providers of technology for contract review or management, announced financing rounds, raising a total of $26 million among them. The second company to announce a financing round this week is LexCheck , which is also an AI-driven contract review platform.

Inside the Octomom reality show contract

THR, Esq. Entertainment & Media Law Blog

Because the children are minors, the parties took the contract. Tags: Contracts & Riders Labor Talent & Studios Television By Eriq Gardner Last week, "Octo-Mom" Nadya Suleman signed a deal with Eyeworks, a British production company, to begin work on a TV show that will feature her 14 children.

How do you Persuade Your Competitors and Colleagues to Comply with Copyrights and Contract Provisions? – Entertainment Law Asked & Answered

Gordon P. Firemark

TRANSCRIPT: How do you persuade your competitors and colleagues to comply with copyrights and contract provisions? The reason I am contacting you is to get advice on how to convince other companies to honor the copyrights and contracts of other artists and companies before they get in trouble on their own. So how do you convince folks to respect copyrights and contracts? VIDEO: [link].

Ratification of Teamsters / Basic Crafts Contract Complete

Digital Media Law

The Teamsters ratified their contract several weeks ago. 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.

Exigent Unveils Scarlett, AI Tool for Turning Contracts into Data

Media Law

The legal technology company Exigent is today unveiling a major update to its contract management software that introduces Scarlett, an artificial intelligence tool for automatic extraction of contract data and enhanced contextual search. The company says that its new CMS automates the sometimes costly and time-consuming extraction and input of contract data. “There are no more excuses for not having your contracts in digital form and all in one central, secure place.

Judge Won't Let Kesha Escape Dr. Luke Contract

THR, Esq. Entertainment & Media Law Blog

Despite the pop star's sexual abuse allegations, the judge says it's not reasonable to "decimate a contract that was heavily negotiated." read more. THR, Esq. The Business Music Business THR Online Dr. Luke

'London Fields' Producers Allege Director Violated Contract

THR, Esq. Entertainment & Media Law Blog

Mathew Cullen is accused of failing to deliver the film on time and withholding promotional support. read more. THR, Esq. The Business Movies Business THR Online

Asked & Answered: Do I need a contract with the author of an article or book about true events.

Gordon P. Firemark

Q: Leilani asks whether she needs a contract with the authors of a news article and a book about true people and events that occurred over half a century ago before she can market a screenplay about those people and events. Asked & Answered: Do I need a contract with the author of an article or book about true events.

Smart Contracts Company Clause Raises $5.5M; DocuSign Among Investors

Media Law

The smart-contracts company Clause said today that it has raised $5.5 Clause said that the funds will be used to accelerate its business development efforts, further augment its engineering teams, and nurture the broader smart contract ecosystem. Clause is a cloud-based service that allows companies to build smart contracts and connect them to external tools and data sources, including payment processor Stripe, collaboration platform Slack, and the DocuSign e-signature platform.

Cardi B Accused of Breaching Contract and Defaming Ex-Manager

THR, Esq. Entertainment & Media Law Blog

Klenord Raphael, known as "Shaft," alleges being shafted in $10 million lawsuit. read more. THR, Esq. Business Music Business THR Online

ESPN Claims Verizon Is Breaching Carriage Contract

THR, Esq. Entertainment & Media Law Blog

The sports network believes that Verizon can't put its channels on separately priced tiers in the new personalized FiOS service. read more. THR, Esq. The Business Television Business THR Online

Warner Bros. Can Sue Tolkien Estate For Breaching 'Hobbit' Contract

THR, Esq. Entertainment & Media Law Blog

Appeals court makes a ruling, which will unpause a case that has been in limbo for more than two years. read more. THR, Esq. The Business Movies Business THR Online

Elimination of Requirement for Broadcasters to File Contracts and Agreements with the FCC Becomes Effective

Broadcast Law Blog

Back in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsSee our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week.