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.

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

Trending Sources

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.

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.

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.

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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)).

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.

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.

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.

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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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

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.

@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.

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.

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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.

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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LMFAO Wins California Labor Commissioner Fight With Ex-Manager

THR, Esq. Entertainment & Media Law Blog

The labor commissioner found respondents not only ignored the Talent Agencies Act but "contrived a scheme to cloak their actions with the appearance of legality." read more. THR, Esq. Music Music THR Online

'NBA 2K' Tattoos a "Ploy" to Draw Consumers In, Not Fair Use, Filing Argues

THR, Esq. Entertainment & Media Law Blog

read more. THR, Esq. Tech Tech THR Online

Tom Brady MVP Joke Gets Copyright Protection After Reconsideration

THR, Esq. Entertainment & Media Law Blog

The man behind the quip is Robert "Alex" Kaseberg, who's currently suing Conan O'Brien for allegedly stealing the joke. read more. THR, Esq. Culture Culture THR Online Conan O'Brien

How First Amendment Battles Are Shaping Up in the Social Media Age

THR, Esq. Entertainment & Media Law Blog

As technology outpaces the laws that seek to govern its use, questions are being raised about who can control the flow of information and how, exactly, the freedoms of speech and petition come into play. read more. THR, Esq. Tech Tech 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

Telemarketing of Movie Leads to $32 Million Punishment in Class Action

THR, Esq. Entertainment & Media Law Blog

A judge decides that's a more reasonable damages award than $1.6 billion under the Telephone Consumer Protection Act. read more. THR, Esq. Business Movies Business THR Online

Starz Beats 'Power' Copyright Lawsuit

THR, Esq. Entertainment & Media Law Blog

A writer had claimed the series infringes on his rights in 'Tribulation of a Ghetto Kid.' read more. THR, Esq. Television Television THR Online

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

Jury to Decide Whether or Not "Comic-Con" Has Become Generic

THR, Esq. Entertainment & Media Law Blog

A judge issues a summary judgment opinion in a trademark lawsuit brought by the organizers of the most popular one in San Diego. read more. THR, Esq. Business Movies Business 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

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

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

'Wolf of Wall Street' Producer Red Granite Settles Forfeiture Case With U.S. Government

THR, Esq. Entertainment & Media Law Blog

Prosecutors previously told the court civil discovery would have an adverse effect on the related criminal investigation. read more. THR, Esq. Movies Movies THR Online

Olivia de Havilland Gets Judge's Green Light in 'Feud' Lawsuit Against FX

THR, Esq. Entertainment & Media Law Blog

A judge denies the network's bid to strike on First Amendment grounds. read more. THR, Esq. Business Television Business THR Online

Mark Cuban's Landmark Theatres Hit With Antitrust Lawsuit

THR, Esq. Entertainment & Media Law Blog

The legal action follows one that Landmark itself brought last year against Regal. read more. THR, Esq. Business Movies Business THR Online

'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

John Steinbeck's Stepdaughter Awarded $13M by Jury in Heirs' Fight

THR, Esq. Entertainment & Media Law Blog

Given the family's history of litigation, it remains to be seen if this verdict finally closes the book on Steinbeck courtroom battles. read more. THR, Esq. Movies Movies THR Online

LeEco Blames Chinese Authorities for Failure of $2 Billion Vizio Merger

THR, Esq. Entertainment & Media Law Blog

In court documents, the "Netflix of China" says the American TV giant took $40 million instead of fighting over the "real" reasons why the Chinese government blocked the merger. read more. THR, Esq. Business Television Tech Business THR Online Asia International