September, 2017

The Equifax Breach, and what you should do to protect your credit

Gordon P. Firemark

While this post is not, strictly speaking, on the “Entertainment Law” beat, several clients asked me about it, and I addressed their concerns in my e-newsletter (sign up in the sidebar). On recommendation from a friend, I'm reposting it here as a service to readers.

Viacom Loses Bid to Avoid Defamation Trial Over VH-1 Biopic

THR, Esq. Entertainment & Media Law Blog

A federal judge largely rejects a motion for summary judgment reconsideration. read more. THR, Esq. Business Television Music Business THR Online

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Trending Sources

Google Feels the Heat from Congress on Sex Trafficking–And Gaslights Public Opinion on @SenRobPortman’s and @RepAnnWagner’s Legislation

Music Technology Policy

I first called your attention to Dr. Robert Epstein in 2013. Dr. Epstein’s work on Google’s power to throw elections by manipulating public opinion was startling to many, and I got the usual eye rolling about how mistrustful I was of Google. (See

Bygrave on Data Protection By Design and By Default: Deciphering the EU's Legislative Requirements

Media Law Prof Blog

Lee A. Bygrave, University of Oslo, is publishing Data Protection by Design and by Default: Deciphering the EU's Legislative Requirements in volume 4 of the Oslo Law Review (2017). Here is the abstract. In this paper, a critical examination is

Digital Transformation Is About Much More Than Technology — ‘No Industry Is Immune’

Pathgather

Imagine a future in which every company in the S&P 500 drops off the stock index within a few years. That’s not as far-fetched as it may sound. Companies once spent an average of 36 years on the S&P 500. By 1990, that dropped to 20 years. Now, it’s dropping further. “At At our forecasted churn rate, about half of the S&P 500 will be replaced over the next 10 years,” Innosight found. Why is this happening? The business landscape is changing at a faster pace than ever.

Wow! Illinois Biometric Privacy Suits Proliferate

New Media and Technology Law

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant chain, over its use of self-order kiosks that allow customers to use faceprints as a method to authenticate purchases. Morris v. Wow Bao LLC , No. 2017-CH-12029 (Ill. filed Sept. 5, 2017)).

Episode 89 – you’re a mean one, Dr. Seuss

Gordon P. Firemark

Show notes are located at [link]. 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. Here's what we talked about. 1 SCREEN ACTORS GUILD URGES JUDGE TO SAVE AGE-CENSORSHIP LAW TO COMBAT RAMPANT BIAS. 2 FOLLOW UP: MONKEY SELFIE SETTLES (KINDA). 3 “OH MICKEY” SINGER FILES LAWSUIT FOR RIGHT OF PUBLICITY. 4 STEINBECK HEIRS CASE VERDICT.

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Help @RepJerryNadler Beat the Cartels because #irespectmusic

Music Technology Policy

Emmanuel Legrand posted a very informative piece in his newsletter about a speech by Rep. Jerry Nadler at the so-called “Music Biz Association” Music Biz Entertainment & Technology Law Conference Series in New York.

Schnellenbach on the Behavioural Political Economy of Regulating Fake News @schnellenbachj

Media Law Prof Blog

Jan Schnellenbach, BTU Cottbus-Senftenberg, Institute for Economics, Chair for Microeconomics; Walter Eucken Institute, is publishing On the Behavioural Political Economy of Regulating Fake News in Ordo – Jahrbuch für die Ordnung von Wirtschaft und Gesellschaft. Here is the abstract.

Internal Mobility: How Learning and Internal Promotions beat Hiring from the Outside

Pathgather

When you see competing companies start to exceed where your business is lacking, there’s a natural response: try to poach the competition. Or, if that’s impossible or unaffordable, you may check in with recruiters and cast a wide net to find candidates. You might not be taking a good enough look inside your own business for employees who already have, or can learn quickly, the necessary skills. And for that, your business is paying a big price.

The Media Really Has Neglected Puerto Rico | FiveThirtyEight

Communications And Entertainment Law Blog

The Media Really Has Neglected Puerto Rico | FiveThirtyEight

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Register your DMCA Agent by December 31 or risk losing your “safe-harbor” protection against copyright infringement lawsuits.

Gordon P. Firemark

Earlier this year, the copyright office finalized the plan to modernize the process for registering your DMCA Agent. Registration offers important protections for all operators of online service providers. This includes you if you have a website, blog, podcast or other online presence. Operators of sites with a registered DMCA Agent can benefit from a “safe harbor” providing immunity from certain kinds of infringement suits if they comply with some basic protocols.

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Judge Rules "We Shall Overcome" Verse Not Under Valid Copyright

THR, Esq. Entertainment & Media Law Blog

The win goes to the legal team that prevailed over "Happy Birthday to You." read more. THR, Esq. Business Movies Music Business THR Online

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Sheryl Sandberg is shocked, shocked that there is bad behavior on Facebook

Music Technology Policy

This has been a bad few weeks for two out of the four members of the FANG cartel–Facebook and Google.

Balkin on Free Speech In the Algorithmic Age @jackbalkin

Media Law Prof Blog

Jack M. Balkin, Yale University Law School, is publishing Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation in the UC Davis Law Review (2018). Here is the abstract. We have now moved from

Washington Issues for TV Broadcasters – Where Things Stand at the FCC

Broadcast Law Blog

There is never a shortage of Washington issues for broadcasters to consider, and the rapid pace of change since the new administration took over in January has made it even more difficult to track where all the issues stand. While we try on this Blog to write about many of the DC issues for broadcasters, we can’t always address everything that is happening. Every few months, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters.

Who is Carmen Yulín Cruz, the San Juan mayor Trump blasted? - The Washington Post

Communications And Entertainment Law Blog

". Like many Puerto Ricans, she left the island to pursue opportunities on the mainland, earning a bachelor's in political science at Boston University and a master's in public management and policy at Carnegie Mellon.

Apple X’s Face ID Feature Places Spotlight on Facial Recognition Technology, Raising Numerous Mobile Privacy and Data Usage Issues

New Media and Technology Law

This week’s Apple X announcement was not more than a few hours old, and the questions began to come in. Apple’s introduction of Face ID facial recognition on its new phone – although already available in some form on several Android phones – generated curiosity, concerns and creativity. Unfortunately, the details about specifically how the recognition feature will really work are yet unknown.

Footage of Dr. Phil Allegedly Imprisoning Woman Leads to Novel Copyright Decision

THR, Esq. Entertainment & Media Law Blog

Leah Rothman, a former director on his show, used her iPhone to record nine seconds of outtakes to aid herself in a legal battle. A judge concludes it wasn't a fair use of copyright. read more. THR, Esq. Television Television Business THR Online

@maureendowd: Will Mark Zuckerberg ‘Like’ This Column?

Music Technology Policy

“It’s great when the emperor is Marcus Aurelius. It’s not so great when the emperor is Caligula.”. WASHINGTON — The idea of Mark Zuckerberg running for president was always sort of scary. But now it’s really scary, given what we’ve discovered about the power of his little invention to warp democracy.

Apalara on Striking a Balance: Freedom of Expression and the Prohibition of Hate Speech and Offensive Remarks

Media Law Prof Blog

Rahman Apalara, Faculty of Law, University of Lagos, has published Striking a Balance: Freedom of Expression and the Prohibition of Hate Speech and Offensive Remarks. Here is the abstract. Freedom of expression is an important fundamental right because the right

List of Mutually Exclusive Applications for FM Translators to Rebroadcast AM Stations Released By FCC – Settlement Window Through November 29

Broadcast Law Blog

The FCC yesterday released a Public Notice providing the details for its settlement window for mutually exclusive applications for new FM translators to rebroadcast AM stations. The settlement window will run through November 29. The mutually-exclusive applications (applications which conflict with each other as they cannot both operate without creating prohibited interference) are listed on an appendix available here.

How Badly Is Neil Gorsuch Annoying the Other Supreme Court Justices? | The New Yorker

Communications And Entertainment Law Blog

"What made Gorsuch’s appearance especially notable was that it took place at the Trump International Hotel in Washington, which is the focus of several pending cases that may well wind up before the Supreme Court.

Netflix and Escobar Family in Bitter Trademark Dispute Over 'Narcos'

THR, Esq. Entertainment & Media Law Blog

As the series contends with the killing of its location scout in rural Mexico, the family of Pablo Escobar ratchets up its rights claims while offering "no comment" regarding the crewmember's death. read more. THR, Esq. Television Television Culture THR Online Netflix Narcos

Jim Carrey Alleges Extortion, Blames Former Girlfriend's Mother and Lawyer for Her Death

THR, Esq. Entertainment & Media Law Blog

The actor is fighting claims arising from Cathriona White's apparent suicide in 2015. read more. THR, Esq. Movies Movies THR Online Jim Carrey

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A Legal Campaign Against Spotify Intensifies Ahead of the Company's Plan to Go Public

THR, Esq. Entertainment & Media Law Blog

Hundreds of settlement objectors (Tom Petty, Weezer's Rivers Cuomo, Sir Anthony Hopkins, et al.), a new copyright lawsuit and a scathing reply to Spotify's recent bombshell filing. read more. THR, Esq. Business Music Tech Business THR Online

Defamation Lawsuit Against Donald Trump Gains Support From Law Professors

THR, Esq. Entertainment & Media Law Blog

"No one in our nation is above the law, not even the President," states an amicus brief. read more. THR, Esq. Politics Television Culture Politics THR Online

Taylor Swift Sued Over "Shake It Off" Lyrics

THR, Esq. Entertainment & Media Law Blog

The songwriters behind 3LW's "Playas Gon' Play" say the tune infringes on their lyrics. read more. THR, Esq. Music Music THR Online Taylor Swift

HBO Asks West Virginia Judge to Dismiss Defamation Lawsuit Over John Oliver Show

THR, Esq. Entertainment & Media Law Blog

A new dismissal bid poses the "ill-considered lawsuit" from a coal baron as both a violation of the First Amendment and due process. read more. THR, Esq. Business Television Business THR Online

Jessica Biel, Restaurant Partners Sued by Employees Over Tips, Compensation

THR, Esq. Entertainment & Media Law Blog

The nine plaintiffs claim that they never received proper rest or meal breaks or tips for working major Hollywood parties at Au Fudge and are seeking $461,649. read more. THR, Esq. THR, Esq. Style Style THR Online Jessica Biel Restaurants

Artificial Intelligence Ushers in the Era of Music Moneyball (Guest Column)

THR, Esq. Entertainment & Media Law Blog

Entertainment litigator James Sammataro explains why non-human creation shouldn't be dismissed as merely monkey business. read more. THR, Esq. Tech Tech THR Online

Martin Scorsese Production Company Escapes 'Wolf of Wall Street' Libel Lawsuit

THR, Esq. Entertainment & Media Law Blog

A former executive at Stratton Oakmont didn't like being portrayed as a criminal. read more. THR, Esq. Business Movies Business THR Online

Libel 101

'Walking Dead' Hearing Has AMC on the Defensive in Massive Profits Lawsuit

THR, Esq. Entertainment & Media Law Blog

In five hours of testy arguments, a judge repeatedly benchslaped the TV network. read more. THR, Esq. Business Television Business THR Online

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Charles Payne, Fox News Sued by Political Commentator Who Says She Was Raped

THR, Esq. Entertainment & Media Law Blog

Scottie Hughes says she was raped, retaliated against and defamed. Fox News says her lawsuit is a "shameful" publicity stunt. read more. THR, Esq. Television Television THR Online Fox News Channel

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Hollywood's Use of "Stolen" Computer Technology Tests Ownership Theories

THR, Esq. Entertainment & Media Law Blog

In a bid to dismiss a lawsuit, Disney, Fox, and Paramount distinguish between human and technological output. read more. THR, Esq. Business Movies Tech Business THR Online

Nielsen Looks for Injunction Against ComScore Over TV Ratings

THR, Esq. Entertainment & Media Law Blog

A service that just targets the television market and uses proprietary technology and data is alleged to violate a contract. read more. THR, Esq. Business Television Business THR Online

Producers of Tom Cruise's 'American Made' Sue Over Fatal Plane Crash

THR, Esq. Entertainment & Media Law Blog

Cross Creek Pictures and Imagine Entertainment seek indemnification from the company co-owned by Jimmy Lee Garland, who was injured in a Sept. 11, 2015, crash that killed two others. read more. THR, Esq. Business Movies Business THR Online American Made autoplay