January, 2020

Recognized as a Southern California Super Lawyer!

Gordon P. Firemark

I am thrilled to have been recognized as a Southern California Super Lawyer in Entertainment law.

So Much For the Public Interest: Sonos CEO @Patrick_Spence Reveals the Harsh Retaliation of Google and Amazon

Music Technology Policy

If you’ve ever been to the Huntington Hotel in San Francisco’s toney Nob Hill, you can’t miss the hotel’s famous restaurant called The Big Four. The eponymous paean to 19th Century monopolists, “The Big Four” are railroad men: C.

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Trending Sources

Call For Applications: Visiting Professor, LSU Law Center, 2020-2021 Academic Year

Media Law Prof Blog

LOUISIANA STATE UNIVERSITY, PAUL M. HEBERT LAW CENTER seeks to hire a visiting professor for the 2020-21 academic year or for Fall 2020 and/or Spring 2021 in the following areas: federal courts, constitutional law, civil procedure, and evidence. Applicants should

The Soft-ish Launch Of A Unique Legal Technology News Site

Media Law

I am thrilled today to announce the official launch of a website whose purpose is to provide broad coverage of legal technology news, reviews and insights, through a range of voices from throughout the United States and around the world.

'Radical': See Alan Dershowitz Respond To Criticism From White House Law.

Communications And Entertainment Law Blog

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White House Releases Proposed Guidance for the Regulation of AI

New Media and Technology Law

On January 7, 2019, the federal Office of Management and Budget (OMB) released a draft of a memorandum setting forth guidance to assist federal agencies in developing regulatory and non-regulatory approaches regarding artificial intelligence (AI). This draft guidance will be available for public comment for sixty days, after which it will be finalized and issued to federal agencies.

Has AB5 affected you yet?

Gordon P. Firemark

Earlier today, I had a call from the HR director at one of the colleges where I teach one night a week. She called to tell me that I can no longer be classified as an independent contractor, and that under California's new law, AB5, I must be treated as an employee. No big deal for me.

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Hooker on Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception @MatthewPHooker

Media Law Prof Blog

Matthew Hooker, Wake Forest University School of Law, is publishing Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception in volume 15 of the Washington Journal of Law, Technology & Arts

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Legal PR Firm Launches NewLaw Practice Led By Two Industry Veterans

Media Law

When I first read that the legal communications and marketing firm Baretz+Brunelle had launched a NewLaw practice to advise law firms “on ways to thrive in the modern marketplace,” my reaction was, “Well, isn’t that what every legal PR firm should be doing for its clients?”

Dershowitz cited this professor for his defense. The professor says he's.

Communications And Entertainment Law Blog

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Final CFIUS Regulations Impact Foreign Non-Control Investment Transactions Involving Critical Technologies/Infrastructure or Sensitive Data

New Media and Technology Law

In 2018, Congress passed the Foreign Investment Risk Review Modernization Act ( FIRRMA ) to modernize the Committee on Foreign Investment in the United States ( CFIUS ). CFIUS is chaired by the Secretary of the Treasury and is empowered to review certain transactions involving foreign investment in the U.S. that may affect national security. On January 23, 2020, the U.S. Department of the Treasury (“Treasury”) released final regulations that implement FIRRMA.

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A Billion Dollars

Gordon P. Firemark

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/117.

Even More Bad Faith from @RonWyden on Copyright Small Claims Legislation

Music Technology Policy

[This post first appeared on Artist Rights Watch ]. Cap on stat. damages in the Copyright Act is $150K. Cap in the #CASEAct is $15K. Cap in Oregon small claims ct is $10K. RonWyden proposes reducing CASEAct stat damages to $750–a 95% reduction. That barely covers fees for bringing the case.

FCC: Robocaller Should Pay Nearly $13M Fine For Illegal, Spoofed Robocalls

Media Law Prof Blog

The FCC has suggested that Scott Rhodes, whom the agency has named as a robocaller who placed "unlawful, spoofed robocalls to target a community grappling with the recent murder of a local woman, threaten a journalist and newspaper, and attempt

The Decade in Legal Tech: The 10 Most Significant Developments

Media Law

In legal technology, it was a decade of tumult and upheaval, bringing changes that will forever transform the practice of law and the delivery of legal services. Feisty startups took on established behemoths. The cloud dropped rain on legacy products. Mobile tech untethered lawyers.

Adam Schiff Slams Impeachment Rules: 'This Is The Process For A Rigged T.

Communications And Entertainment Law Blog

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Members of Congress Request FTC Investigation of Financial Data Company’s Collection and Privacy Practices

New Media and Technology Law

Last week, Democratic Senators Ron Wyden and Sherrod Brown and Congresswoman Anna Eshoo sent a letter to FTC Chairman Joseph J. Simons urging the agency to investigate whether analytics firm Envestnet, Inc. which operates Yodlee) was violating the FTC Act. According to the letter, Yodlee is the largest consumer financial data aggregator in the United States.

Andre Paine: @IMPALAmusic’s Helen Smith on how Brexit will impact the indie sector

Music Technology Policy

With just days to go until Brexit at 11pm on Friday, January 31, there’s still uncertainty surrounding key areas for the music industry. As revealed in the latest issue of Music Week , the biggest issues for the sector once the transition period concludes at the end of the year include touring , employment restrictions on EU nationals and trading arrangements for physical music.

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Guest Post: Mr. Muzzey Goes to China: How One Composer is Using Detection Services to Get Paid on Unlicensed Music Uses

Music Technology Policy

By Kerry Muzzey. [We’re We’re honored to have Kerry Muzzey back again to tell his story of how one composer is working with music detection services and his US PRO to catch thousands of unlicensed uses in China and elsewhere. Really incredible tale well told. This post was created from a Twitter threat that Kerry posted, follow him @kerrymuzzey]. This is a post for my composer brethren and my copyright friends.

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There’s Hope

Music Technology Policy

New Music Weekend Uncategorized Domi

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The Trumpet that Shall Never Call Retreat

Music Technology Policy

Not as famous as some of his other speeches but one of the great ones. He gave the speech on March 25, 1965 after leading a march of 25,000 from Selma to Montgomery Alabama.

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Jason Tashea, Former ABA Journal Tech Writer, Joins A2J Tech Startup

Media Law

Jason Tashea , the lawyer and former technology reporter for the ABA Journal , has joined an early-stage technology startup devoted to empowering pro se litigants in small claims cases.

LawNext Episode 60: Stacy Butler on Innovation for Justice

Media Law

In multiple ways, Stacy Butler is immersed in seeking to innovate the justice system and the delivery of legal services. As director of the Innovation for Justice program at the University of Arizona James E.

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Documate’s New Guerilla Marketing Campaign Takes A Page from Salesforce – and A Jab At HotDocs

Media Law

In 2002, three years after its founding, when Salesforce was still an upstart startup seeking to make its mark in the enterprise CRM space, founder Mark Benioff and his team conceived of a brash guerilla advertising campaign to take on the company that was then the incumbent industry leader, Siebel Systems.

Stopping Google’s End Run: No Safe Harbor Privilege in Trade Agreements

Music Technology Policy

Many welcome the passing of the renegotiated North American Free Trade Agreement, known as the United States-Mexico-Canada Agreement (USMCA). Less discussed is the part of USMCA that incorporates concepts of the failed DMCA from US law. The chances of doing something to lessen the blow are dwindling now that the USMCA has passed the House of Representatives and moved on to the Senate. We still have a chance to have an impact in the Senate, but time is going by. Google’s USMCA Back Door.

With Backing from U.S. Venture Firm, UK-based Juro Looks to U.S. Market

Media Law

As was reported here yesterday , the London-based contract-management company Juro announced a $5 million Series A investment round led by the U.S. investment banking firm Union Square Ventures. What does the investment mean for the company’s expansion in the U.S. market?

Announcing the Winners of the LexBlog Excellence Awards for Outstanding Writing

Media Law

In my role as publisher and editor-in-chief of LexBlog , it is my great honor today to announce the winners of the inaugural LexBlog Excellence Awards, a first-of-its-kind contest designed to honor excellence in the writing of legal blog posts.

Garon on Dysregulating the Media: The Unintentional Deregulation of American Media @NSULawCollege @GaronJon

Media Law Prof Blog

Jon Garon, Shepard Broad College of Law, has published Dysregulating the Media: The Unintentional Deregulation of American Media. Here is the abstract. Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook and others to supplant the broadcast

Ninth Circuit: Press Has Qualified Right of Access To Newly Filed Civil Complaints That Attaches When Complaints Are Filed

Media Law Prof Blog

The Ninth Circuit has ruled that the press has a "qualified right of timely access to newly filed civil nonconfidential complaints that attaches when the complaint is filed. However this right does not entitle the press to immediate access to

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From the Fourth Estate: Translations Now Available of the Journalism Code of Practice

Media Law Prof Blog

From the Fourth Estate: Translations available of the Journalism Code of Practice Arabic [link] Chinese [link] French [link] German [link] Hindi [link] Spanish [link

Tushnet on Content Moderation in an Age of Extremes @rtushnet

Media Law Prof Blog

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). Here is the abstract. Where everything, including bad behavior, can be found

Iowa Legislature Refuses To Grant Blogger Press Credentials

Media Law Prof Blog

The Iowa Legislature has refused press credentials to Laura Belin, who criticizes its policies on her blog, Bleeding Heartland. The AP notes that both Houses of the Legislature, which is controlled by the Republicans, justified the refusal by saying either

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Pedrioli on Whether Incitement Is Easier To Punish on the Internet Than It Is On Television

Media Law Prof Blog

Carlo Pedrioli, Liverpool Hope University, has published Is Incitement on the Internet Easier to Punish than Incitement on Television? A Case Study of the Koran-Burning of Florida Pastor Terry Jones at Free Speech, Privacy and Media: Comparative Perspectives 49 (Russell

Cronin on Damsels in Distress: Copyright Woes of Perry and Polly @gwlaw

Media Law Prof Blog

Charles Cronin, George Washington University Law School, has published Damsels in Distress: Copyright Woes of Perry and Polly. Here is the abstract. On July 29, 2019 a jury in Los Angeles awarded Marcus Gray damages of nearly three million dollars

Mueller on Challenging the Social Media Moral Panic: Preserving Free Expression Under Hypertransparency @miltonmueller

Media Law Prof Blog

Milton Mueller, Georgia Institute of Technology, is publishing Challenging the Social Media Moral Panic: Preserving Free Expression Under Hypertransparency in Cato Institute Policy Analysis (no. 876) (2019). Here is the abstract. Cato Institute Policy Analysis, No. 876, 2019 Social media

Skorup and Huddleston on The Erosion of Publisher Liability in American Law, Section 230, and the Future of Online Curation @bskorup @jrhuddles @Mercatus

Media Law Prof Blog

Brent Skorup, George Mason University Mercatus Center, and Jennifer Huddleston, Mercatus Center, are publishing The Erosion of Publisher Liability in American Law, Section 230, and the Future of Online Curation in the Oklahoma Law Review. Here is the abstract.

Moon on Whether Freedom of Expression Has a Future @richard_moon

Media Law Prof Blog

Richard Moon, University of Windsor Faculty of Law, has published Does Freedom of Expression Have a Future? Here is the abstract. A commitment to free speech means protecting speech for reasons that are independent of the truth or merit of