May, 2020

You Can’t Copyright the Law

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 SUPREME COURT: GEORGIA v PUBLIC RESOURCE, Inc.

Here Comes the New Dark Age: Blanket Licenses for Everything Based on MMA

Music Technology Policy

Cory Doctorow has a post on the EFF’s Deep Thoughts…sorry…Deep Links blog that proposes “A Plan to Pay Artists.” ” MTP readers probably need no further information to know what’s coming next without even reading Mr. Doctorow’s post. It’s the old ISP licensing hash rehashed and served up as if nothing happened–but using The MLC as a justification.

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Trending Sources

New Lead Scoring Tool from GrowPath Algorithmically Evaluates Prospective Clients

Media Law

When a call comes into your law firm from a prospective client, will your intake specialist know if the case is a good one for your firm? How long will it take before an attorney can review and evaluate the lead? Will that potential client have found someone else by the time you call back? For many firms, especially personal injury firms, time is of the essence when evaluating and prioritizing incoming leads. But few firms have the ability to evaluate leads on the spot.

Hudson on Cyberbullying and Freedom of Speech @Hudboxing @BelmontLaw

Media Law Prof Blog

David L. Hudson, Jr., Belmont University College of Law, has published Essay: Cyberbullying and Freedom of Speech at 50 New Mexico Law Review 287 (2020). Here is the abstract. Part I of this essay examines state cyberbullying laws. These laws

Protecting Business Information Assets in the “Work From Home” Environment

New Media and Technology Law

This past March, many organizations were forced to suddenly pivot to a “work from home” environment (“WFH”) as COVID-19 spread across our country. However, many companies did not have the necessary technical infrastructure in place to support their full workforce on a WFH basis. Often, remote access systems were configured assuming only a portion of a company’s employees – not 100% of a company’s employees – would be remotely accessing the corporate networks simultaneously.

George Floyd, Minneapolis Protests, Ahmaud Arbery & Amy Cooper | The Dai.

Communications And Entertainment Law Blog


Senate Unanimously Passes Bill Aimed at Bytedance/TikTok IPO

Music Technology Policy

The nauseating Daniel Ek made something like a billion dollars in the last week on Spotify stock appreciation, while at the same time crying poor and fighting songwriter royalties every step of the way. If you think this example of income inequality is revolting, brace yourself for the China Evasion. But the U.S. Senate just passed legislation that may de-Ekify the massive infringers at TikTok (owned by Bytedance). The massive infringer TikTok is planning on an IPO in the US in the near future.

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TikTok the Massive Infringer Thumbs Nose at FTC Ruling on Kids: Can CFIUS be far behind?

Music Technology Policy

MTP readers may recall that in between getting banned by the Department of Defense , the State Department, the Department of Homeland Security and the TSA as well as being investigated by CFIUS , TikTok got caught and fined by the FTC for exploiting children in violation of U.S. law: The operators of the video social networking app, now known as TikTok, have agreed to pay $5.7

Leading Music and Film Organizations Call on Congress to Fix Safety Net in New CARES Act

Music Technology Policy

[Editor Charlie sez: Artist Rights Watch, Music Tech Policy and The Trichordist are pleased to support this effort. Please let your representatives in Washington know that you do, too!]. PRESS RELEASE. WASHINGTON, D.C.

VE Day in Norway

Music Technology Policy

At midnight of 8 May 1945, German military forces in Norway surrendered to the Allies. On 10 May this fellow in a kilt, aka Lt. F.R.G. “Bobby” Chew of the Seaforth Highlanders accepted the surrender of German land forces in Norway from General de Boer: Upon accepting the German surrender, Bobby took command of all military forces in Norway, decamped to Bergen and remained there until the S.H.A.E.F. Mission and the Allied Military Commission in Norway ended in October 1945.


How DLA Piper Moved Over 3,000 Staff to Working from Home in 36 Hours

Media Law

I have to confess that I have been surprised by the ease with which many large law firms transitioned to working from home. In various contexts over the past few months, I have spoken with law firm leaders who described transitions that were fairly seamless and that were pulled off within a relatively short time frame. But what hasn’t surprised me is the common thread among these firms, which is that they all had in place a strong, technology-driven operational base.

Legal AI Book Wins Law Libraries Award; Here’s My Chapter on AI and the Future

Media Law

Proud to report that a book to which I contributed has been selected by the American Association of Law Libraries for its 2020 Joseph L. Andrews Legal Literature Award. Ellyssa Kroski , director of information technology and marketing at The New York Law Institute, won the award as author and editor for the book, Law Librarianship in the Age of AI , published by the American Library Association.

A Full-Functioned Platform For Remote Depositions and Mediations

Media Law

It seems that Zoom has become the go-to video conferencing platform for all sorts of uses, and that extends to conducting online depositions and mediations. But why use generic video conferencing software for depositions when there is a product specifically designed for that purpose? Recently, I was given a demonstration of vTestify , a cloud-based platform designed for conducting depositions remotely.

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. LawGeex: $20 Million.

Ransomware Attack Allegedly Hits NYC Law Firm To Superstar Musicians Including Lady Gaga and Elton John

Media Law

A New York City law firm that represents superstar musicians such as Lady Gaga, Elton John and Madonna has allegedly been hit with a ransomware attack that threatens to expose celebrities’ privileged legal information. Attackers have posted images of documents and file folders to the leak site for the REvil ransomware that appear to be from the firm.

Thomson Reuters Sues ROSS Intelligence Claiming Theft Of Proprietary Data

Media Law

In what could be a Goliath v. David legal battle, legal research giant Thomson Reuters has filed a lawsuit against legal research startup ROSS Intelligence alleging that it surreptitiously stole content from Westlaw to build its own competing legal research product. The complaint , filed today in U.S.

Arresting Dissent: New Policy Paper From PEN America @PENamerica

Media Law Prof Blog

A new policy paper from PEN America: Arresting Dissent: Legislative Restrictions on the Right To Protest

Law Firm Snared in $312K Email Scam Loses Lawsuit to Recover from Bank

Media Law

It is one of the most-common email scams targeting law firms. An email arrives from an overseas company asking to hire you for a quick-and-easy matter, often collection of a debt or sale of equipment. If the attorney agrees, a check arrives from the purported debtor or purchaser. The attorney deposits it in trust and then disburses the funds to the supposed client’s overseas bank account. By the time the check is discovered to be fraudulent, the funds are lost.

District Court Judge Dismisses OAN Defamation Suit Against Maddow, MSNBC

Media Law Prof Blog

A U.S. District Court judge has dismissed the lawsuit that Herring Networks, owner of One America News Network, brought against Rachel Maddow and other defendants, based on a statement Ms. Maddow made about the general bent of OAN's content, which

Pedrioli on Regulating Online Hate Speech: A U.S. Perspective

Media Law Prof Blog

Carlo A. Pedrioli, Liverpool Hope University, has published Regulating Online Hate Speech: A U.S. Perspective at 6 International Journal of Digital & Data Law 259 (2020). Here is the abstract. In the early 2010s, Terry Jones of Florida became known

Cornell Law School's First Amendment Clinic Opens Applications for Position of Local Journalism Attorney @CornellLaw

Media Law Prof Blog

Cornell University Law School's First Amendment Clinic is accepting applications for the new position of Local Journalism Attorney. The attorney, based in New York City, will have primary responsibility for developing and managing a New York Metropolitan Area based project

Is Local News Also Pop Culture and Entertainment? @openculture @MarkLintsenmayer

Media Law Prof Blog

Via Open Culture, a podcast episode asking whether local news is also pop culture and entertainment. Listen here to episode 44 of Pretty Much Pop


Wright on A Variable Number of Cheers For Viewpoint-Based Regulations of Speech @IUMcKinney

Media Law Prof Blog

George Wright, Indiana University, McKinney School of Law, has published A Variable Number of Cheers For Viewpoint-Based Regulations of Speech. Here is the abstract. It is widely taken for granted that viewpoint-based restrictions of speech are, as a class

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Magaldi and Davis on Examining Online Defamation Law Through the Twitter Account of James Woods

Media Law Prof Blog

Jessica Magaldi, Pace University, and Wade Davis, Minnesota State University, Mankato, are publishing 'Into the Bowels of Hell' Examining Online Defamation Law Through the Twitter Account of James Woods in volume 29 of the Southern Law Journal (Fall 2019).

Despite Pandemic, Companies Plan to Invest In Updating Legacy Software, New Survey Finds

Media Law

Even in the midst of the COVID-19 pandemic, companies say that updating underperforming or legacy enterprise software is a priority for them in 2020, according to a survey being released today. Their main objective in purchasing new enterprise software, more than 60% of them say, is to improve productivity, as opposed to reducing costs (20%) or increasing reporting capabilities (17%). Click for full size.

On LawNext: A Coronavirus Success Story – How A State Bar and Two Legaltech Companies Partnered to Help the Unemployed Get Legal Help

Media Law

On the latest episode of the LawNext podcast: A coronavirus success story – how a state bar, anticipating a tidal wave of unemployment claims, partnered with two legaltech companies to launch a pro bono portal in barely more than a week. On April 27, 2020, the New York State Bar Association launched a website devoted to helping those who need unemployment assistance due to the Covid-19 pandemic.

Launching Today: Legal Billing Rates Database Enables Benchmarking By Firms and Clients

Media Law

The company Reorg , a global provider of financial intelligence, is today launching a first-of-its-kind Legal Billing Rates Database, an analytics tool that uses data drawn from court dockets to help attorneys benchmark their fees in preparation for client pitches. It can also be used by general counsel and other commercial and financial clients in helping them to decide which outside counsel to retain. The database is the first to use attorneys’ fee data extracted from U.S.

With Faith in Their Hearts

Music Technology Policy

The Final Formation: U.S. Forces Cemetary, Normandy, France. “And what sort of soldiers are those you are to lead? Are they reliable? Are they brave? Are they capable of victory? Their story is known to all of you. It is the story of the American man at arms. My estimate of him was formed on the battlefields many, many years ago, and has never changed.

Tomorrow: Join Leading Legaltech Journalists For A Live Week-in-Review Panel

Media Law

Tomorrow, we’re going to try an experiment. We’re convening a live video panel of leading legaltech journalists for an open, roundtable discussion of the week in review. Consider it the legaltech version of Washington Week, but with less gravitas and more attitude. Later, we’ll put the audio out as an episode of my new podcast, Legaltech Week. If the format works, we’ll do it again next week. And the week following. Register here.

Arithmetic On the Internet Revisited: The Sustainable Ethical Pool Solution to User Centric Royalties

Music Technology Policy

[ This post first appeared on MusicTech.Solutions ]. “Sick of my money funding crap.” ” A Fan. These companies are taking power away from listeners, because listeners don’t have any say where their money goes,” Keating said. “If If you only listen to me, I should get all the percentage of the money you spend on music.”. Zoë Keating. “User-centric” is rapidly becoming all the rage in the streaming royalty debate.

We’re Back Friday: Join Us for the Legaltech Journalists’ Week-in-Review Roundtable

Media Law

Last week, we tried an experiment — a live video panel of leading legaltech journalists coming together for an open, roundtable discussion of the week in review. The experiment worked well in that we had a fairly robust discussion of the week’s top legaltech stories in front of a live webinar audience. It would have even been better if someone who shall go unnamed had remembered to turn on the record button, since the idea was to later distribute it as a podcast.

ROSS Comes Out Swinging, Vows To Fight Thomson Reuters’ Lawsuit Alleging Data Theft

Media Law

The legal research startup ROSS Intelligence came out fighting this morning in response to a lawsuit filed against it yesterday by Thomson Reuters alleging ROSS surreptitiously stole content from Westlaw to build its own competing legal research product.

Register for Tomorrow’s Legaltech Journalist Roundtable, or Catch Up on Last Week’s

Media Law

As we’ve done for the past two weeks, we will be back tomorrow at 3 p.m. Eastern time with the live Legaltech Week journalist roundtable — a live video panel of leading legaltech and legal innovation journalists discussing the week’s top stories. It’s free to watch, but registration is required. Meanwhile, if you missed last week’s show, you can can either listen to the audio podcast or watch the full video.

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Watch or Listen to the Legaltech Week Journalist Roundtable for 5.22.20

Media Law

The Legaltech Week journalist roundtable is back, with a week-in-review discussion by leading legaltech journalists from the U.S. and U.K. who discuss and dissect the week’s top stories. Joining me this week as panelists are Nicole Black , legal technology columnist and legaltech evangelist at MyCase; Caroline Hill , editor in chief, Legal IT Insider ; Molly McDonough , media consultant, former publisher and editor-in-chief of the ABA Journal; and Joe Patrice , editor, Above the Law.

California Bar Takes Giant Step Towards Regulatory Sandbox

Media Law

California could become the next state, after Utah , to establish a regulatory sandbox to explore new methods of delivering legal services, after the State Bar of California Board of Trustees voted 9-2 yesterday to form a working group to explore the development of such a sandbox.

Layoffs Hit Two Well-Known E-Discovery Professionals

Media Law

Two widely known e-discovery professionals have been laid off from their jobs in recent weeks as the impact of the coronavirus crisis continues to be felt across the legal industry.

Join Us Friday for Another Live Recording of the Legaltech Week Journalists’ Roundtable

Media Law

Our weekly roundtable of legaltech journalists is back Friday for another live recording session. Join us as we recap the week’s top legaltech stories, and shoot us your questions. Register here. Panelists this week: Nicole Black , legal technology columnist and legaltech evangelist at MyCase. Caroline Hill , editor in chief, Legal IT Insider. Molly McDonough , media consultant, former publisher and editor-in-chief of the ABA Journal. Joe Patrice , editor, Above the Law.