May, 2019

20 Questions for New Artists Sidebar: The Economic Reality of Streaming

Music Technology Policy

Streaming is all the rage. But–it is cannibalizing higher margin goods, even digital goods. Because of the industry standard revenue share method of dividing up royalties, all artists essentially get a market share allocation of streaming service revenue based on the number of streams.

The Merry Month of May

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 [link]. Here's what we talked about. MORAL RIGHTS (quick) FOURTH CIRCUIT SAYS FAIR USE ISN’T TO PROTECT LAZY APPROPRIATORS ANTI-TRUST AS A DEFENSE TO COPYRIGHT INFRINGEMENT?

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Franks on Fearless Speech @ma_franks

Media Law Prof Blog

Mary Anne Franks, University of Miami School of Law, is publishing Fearless Speech in volume 17 of the First Amendment Law Review (2019). Here is the abstract. The American conception of free speech is primarily defined as the freedom to

Price Wars in Legal Research Mean Deals for Small Firms; I Compare Costs

Media Law

LexisNexis has quietly introduced transparent, flat-rate pricing for one- and two-lawyer law firms, with plans starting at $75 a month. This is good news for solo and small firms, and reflects the increasing array of legal research options they can choose from.

Opinion | Decoding Robert Mueller

Communications And Entertainment Law Blog

By The Editorial Board May 29, 2019 "After two years of frenzied speculation, the special counsel Robert Mueller at last spoke publicly about his investigation of Russia’s meddling in the 2016 elections. His statement Wednesday was considered and temperate, its delivery passionless, if not robotic.

Filtering Actions by Anti-Malware Software Provider Protected by CDA “Good Samaritan” Immunity

New Media and Technology Law

Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. 230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr LLC , No. 18-396 (2d Cir. 27, 2019) (summary order), the Wisconsin Supreme Court’s opinion in Daniel v. Armslist, LLC , No. 2017AP344, 2019 WI 47 (Wis. 30, 2019), and the Northern District of California’s decision in P.C. Drivers Headquarters, LP v. Malwarebytes Inc. ,

20 Questions for New Artists Part 5: Pre-Existing Contracts and Sound Recording Aggregators

Music Technology Policy

Pre-existing Contracts: Ask your band mates for copies of any music industry contracts the band, or any of you, have previously signed before you formed or joined the band.

More Trending

Seibert-Fohr on the Independence of Judges and Their Freedom of Expression

Media Law Prof Blog

Ania Seibert-Fohr, University of Heidelberg, has published The Independence of Judges and their Freedom of Expression: An Ambivalent Relationship. Here is the abstract. Judges posting tweets on Twitter, writing columns in newspapers and pronouncing their views in public lectures

Casetext’s New ‘SmartCite’ Citator Is Its Clever Answer to Shepard’s and KeyCite

Media Law

Knowing whether a case is good law is elemental to legal research. To do this, lawyers have long relied on citator services such as Shepard’s from LexisNexis and KeyCite from Westlaw.

Robert Mueller Speaks!

Communications And Entertainment Law Blog

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Victory in Europe: The Two Years War over the Copyright Directive has Begun

Music Technology Policy

[This post originally appeared in the MusicTechPolicy Monthly Newsletter.]. If you’ve heard about the new copyright law in Europe, you’ve probably heard that the new rules with either break the Internet or bring Big Tech to heel.

Face Force: Facebook’s Secret Foray to Boldly Go Where No Data Miner Has Been Before

Music Technology Policy

Facebook Meltdown Face Force Facebook's Drone program

20 Questions for New Artists Part 4: Band Administrator, Split Sheets and Co-Writer Agreements

Music Technology Policy

For the next few weeks, we’re going to post sections from the article “20 Questions for New Artists” by Chris Castle and Amy Mitchell some of which has been posted various places. This doesn’t constitute legal advice, or any intent to form the attorney-client relationship. Chris, Amy and others will also be publishing occasional excerpts from the “Artist Glossary of Industry Terms” as a companion guide. Band Administrator.

Where Was the Board? Some Thoughts on Potential Legal Issues in Pledge Music “Administration” Bankruptcy–Artist Rights Watch

Music Technology Policy

[This post first appeared on Artist Rights Watch ]. We’ve had a lot of questions about what is going on with the Pledge Music crowdfunding platform which appears to be either on its way or already in a bankruptcy filing according to reports.

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Myanmar Frees Two Reuters Journalists Sentenced Under Official Secrets Act

Media Law Prof Blog

The government of Myanmar has released two reporters who had been convicted under the Official Secrets Act. The journalists, who work for Reuters, had been investigating a 2017 massacre of Rohingya villagers, part of what the U.N. calls a genocide

Smith on Copyright in Culinary Presentations @Cathay Smith

Media Law Prof Blog

Cathay Smith, University of Montana School of Law, has published Copyright in Culinary Presentations in Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?128-149 128-149 (Enrico Bonadio & Nicola Lucchi eds., Edward Elgar Publishing, 2018). Here is the abstract. This chapter

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Heymann on Reasonable Appropriation and Reader Response

Media Law Prof Blog

Laura A. Heymann, William & Mary Law School, has published Reasonable Appropriation and Reader Response at 9 U.C. Irvine L. 343 (2019). Here is the abstract. Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc.,

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Memorial Day

Music Technology Policy

The first time I was present at a missing man ceremony was at a “dining out” hosted by Navy Command Center 106 at the Army Navy Club in Washington, DC in August of 2001 to which I was invited as a personal guest. The guest speaker was Commander Kirk Lippold who was CO of USS Cole.

Wilson Sonsini’s Tech Subsidiary, SixFifty, Releases First Product, For Calif. Privacy Compliance

Media Law

In February, I reported here that law firm Wilson Sonsini Goodrich & Rosati had launched a software subsidiary, SixFifty , to develop automated tools designed to make legal processes more efficient and affordable for businesses and individuals.

Bahadur on Newsworthiness as an Internet-Era Mitigant of Implicit Bias @washburnlaw

Media Law Prof Blog

Rory D. Bahadur, Washburn University School of Law, is publishing Newsworthiness as an Internet-Era Mitigant of Implicit Bias in volume 88 of the University of Missouri Kansas City Law Review (2019). Here is the abstract. Current application of the newsworthiness

Widener on Wikileaks and Digital Disclosure

Media Law Prof Blog

Michael N. Widener, Bonnett, Fairbourn, Friedman, & Balint; Embry-Riddle Aeronautical University, has published Wikileaks and Digital Disclosure: Beclouded Muckraking, Profit-Taking and Self-Promoting. Here is the abstract.

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Ugland on Expanding Media Law and Policy Education @ErikUgland

Media Law Prof Blog

Erik Ugland, Marquette University, has published Expanding Media Law and Policy Education: Confronting Power, Defining Freedom, Awakening Participation at 24 Communication Law & Policy 271 (2019). Here is the abstract. The changes brought about by the Digital Age have not

Illinois Bar Launches Site to Aggregate and Highlight Members’ Blogs

Media Law

The Illinois State Bar Association today formally launched Illinois Lawyer Now , a first-of-its-kind bar portal that aggregates content from members’ legal blogs together with original ISBA content.

Magliocca on A Special Relationship: Winston Churchill and the American Constitution @IUMcKinney

Media Law Prof Blog

Gerard N. Magliocca, Indiana University, McKinney School of Law, has published A Special Relationship: Winston Churchill and the American Constitution. Here is the abstract. This Article is the first detailed treatment of Winston Churchill's views on the United States Constitution.In.

Litman on Imaginary Bottles @UMichLaw @DukeLawTechRev

Media Law Prof Blog

Jessica Litman, University of Michigan Law School, is publishing Imaginary Bottles in the Duke Law & Technology Review (2019). Here is the abstract. This essay, written for a symposium commemorating John Perry Barlow, who died on February 7, 2018, revisits

BBC Fires Host Who Tweeted "Royal Baby" Image

Media Law Prof Blog

The BBC has fired radio host Danny Baker for tweeting an image of a couple (presumably meant to be the Duke and Duchess of Sussex) with a chimpanzee in a bowler, along with the caption, "Royal baby leaves hospital."

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Kozak on Canadian Radio Policy and the Moose Jaw Radio Association, 1922-1947 @NadineKozak @AndreaEidinger

Media Law Prof Blog

Nadine Kozak, University of Wisconsin, Milwaukee, has published Who's Afraid of the Big Bad Wolf? Canadian Radio Policy and the Moose Jaw Radio Association, 1922-1947, 25 Media History 163 (2016). Here is the abstract. Early Canadian radio broadcasting policy privileged

The Future of What Podcast: Article 13’s Potential Impact on the Music Industry

Music Technology Policy

Portia Sabin discusses the European Copyright Directive and the process that got the legislation passed in the European Parliament with Helen Smith of Impala, Crispin Hunt of Ivor Academy and Chris Castle. Article 13 Future of What chris castle Crispin Hunt European Copyright Directive Helen Smith

20 Questions for New Artists Sidebar: The Importance of Metadata

Music Technology Policy

[For the next few weeks, we’re going to post updated sections from the article “20 Questions for New Artists” that Amy Mitchell and I wrote a few years ago which has been posted various places. This doesn’t constitute legal advice, or any intent to form the attorney-client relationship. (If

Guest Post: Not All Legal Analytics Tools Are Created Equal

Media Law

[Editor’s note: Recently, i had a conversation with Josh Becker , chairman of Lex Machina and head of legal analytics at LexisNexis , about the fast-growing area of litigation analytics. Becker made the case that not all analytics products on the market are created equal.

NetDocuments Rolls Out SetBuilder, for Creating Document Sets for Deals, Litigation and More

Media Law

Last November, the document management company NetDocuments announced that it had acquired Closing Room , a deal-management application developed by the Am Law 200 financial services law firm Chapman and Cutler.

Onit Aims to Conquer the Corporate Market with Acquisition of SimpleLegal

Media Law

Austin Panel on The Pledge Music Crowdfunding Debacle

Music Technology Policy

You may have read Iain Baker of Jesus Jones story of the band’s encounter with Pledge that we posted here and hear. You’ve probably heard the news that PledgeMusic is bankrupt as reported in Hypebot : UK based corporate advisory FRP will be nominated to administer a court directed sale of all assets, which would be used to pay artists, merchant bank Sword, Rowe & Company and other creditors.

20 Questions for New Artists Part 3: Insurance/Legal Names/DOB and Nationality

Music Technology Policy

For the next few weeks, we’re going to post sections from the article “20 Questions for New Artists” by Chris Castle and Amy Mitchell some of which has been posted various places. This doesn’t constitute legal advice, or any intent to form the attorney-client relationship. Chris, Amy and others will also be publishing occasional excerpts from the “Artist Glossary of Industry Terms” as a companion guide. Insurance.

Nominations Open For 2019 Changing Lawyer Awards, Recognizing Drivers Of Change in Legal

Media Law

Nominations are now open for The Changing Lawyer Awards 2019 , recognizing individuals, firms and companies in the legal industry for their role in embracing and driving change, whether through new technology, service models, or behavior.

LawNext Episode 39: An Exclusive Look at LegalZoom’s New Project to Develop Better Contracts for Small Businesses

Media Law

This week on LawNext, we get to reveal a project that could change the face of contracting for small businesses worldwide. The global online legal services company LegalZoom — through its research affiliate Pulse Global Services Ltd.

Tali to Close Down; Pioneered Voice-Enabled Time Tracking for Lawyers

Media Law

Tali , a product that allows lawyers to track their time through voice commands using Amazon Alexa or Google Assistant, is shutting down, effective June 30. The company notified customers by email of the news this morning. Customers will have until the end of June to download any data that have stored with Tali. Monthly subscribers can continue to use the product through the end of June at no cost. Annual subscribers will be issued refunds.