July, 2018

Fox Shareholder Sues to Stop Disney Acquisition

THR, Esq. Entertainment & Media Law Blog

The absence of financial projections for Hulu in SEC filings are among the ommissions alleged to violate securities rules. read more. THR, Esq. Business Movies Television Business THR Online

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The Weird Decisions Episode – Entertainment Law Update Episode 99

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. Rapid Fire: DISNEY’S CAUTIONARY CASE MOVES FORWARD: IN OTHER NEWS… REN VENTURES HAS SUFFERED A DEFEAT (follow-up summary judgement). BLURRED LINES: THE APPEALS SAID NO.

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Trending Sources

Factiness EU Style: A Dedicated Group of Like Minded People Carpet Bomb’s The European Parliament

Music Technology Policy

Viddy well, little brother. Viddy well. from A Clockwork Orange , written by Stanley Kubrick based on the novel by Anthony Burgess.

LegalZoom Zooms Into $500 Million Secondary Investment

Media Law

The legal services company LegalZoom today announced a $500 million secondary investment led by Francisco Partners and GPI Capital, with Franklin Templeton Investments and Neuberger Berman Investment Advisers also participating. Existing investors will retain meaningful stakes in the company, the announcement said. Global private equity firm Permira will remain the largest shareholder.

Hristov and Naplatanova on The Stereotype of Military Towards Journalists and Work with Embedded Reporters in Missions and Operations Abroad @GabiNaplatanova

Media Law Prof Blog

Neno Hristov and Gabriela Naplatanova, National Defense Academy, Bulgaria, have published The Stereotypes of Military Towards Journalists and Work with Embedded Reporters in Missions and Operations Abroad, as part of the 5th International Conference on Education, Social Sciences and Humanities

The Case for a Trump-Russia Conspiracy Is Getting Stronger - The Atlantic

Communications And Entertainment Law Blog

"‘There are definite legal consequences to Cohen’s statement,’ said Jens David Ohlin, a law professor and vice dean at Cornell Law School. This reeks of a criminal conspiracy. It doesn’t even matter if nothing came of the meeting [although that’s far from clear].

Stan Lee Drops $1B Lawsuit Against POW! Entertainment for "Stealing" His Name and Likeness

THR, Esq. Entertainment & Media Law Blog

Stan Lee has dismissed his $1 billion lawsuit against POW! Entertainment for fraud and conversion, two months after he filed it. read more. THR, Esq. Heat Vision Movies Movies THR Online Stan Lee

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Are Data Centers The New Cornhusker Kickback and the Facebook Fakeout?

Music Technology Policy

In case you were scratching your head about why Nebraska Senator Ben Sasse decided to stick his beak into trying to continue discrimination against recording artists who had the misfortune to record before 1972–here’s a possible explanation. Maybe he was just getting his beak wet?

New Clio Feature Opens Documents In Your Desktop Editor With A Click

Media Law

The practice management platform Clio yesterday rolled out a feature called Clio Launcher that opens documents for editing on your desktop computer with one click and then saves them back to the appropriate folder in Clio. It works on both Windows and Mac computers (but not Chromebooks) and for any type of file, including documents, PDFs, spreadsheets, videos and images.

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Franks on Feminism and the First Amendment @ma_franks

Media Law Prof Blog

Mary Anne Franks, University of Miami School of Law, is publishing Beyond 'Free Speech for the White Man': Feminism and the First Amendment in Research Handbook on Feminist Jurisprudence (Cynthia Bowman & Robin West, eds., Elgar, 2018, Forthcoming). Here is

Saira Rao calls out Congress' apathy toward abuses of immigrant families.

Communications And Entertainment Law Blog

Watch Out, CNN: Trump’s Supreme Court Frontrunner Is Bad News for Free Speech

THR, Esq. Entertainment & Media Law Blog

With a single decision four years ago, Brett Kavanaugh led something of a revolution in federal courts. read more. THR, Esq. Business Movies Television Politics Business THR Online

In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online Platform to Remove Defamatory Content

New Media and Technology Law

In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. Yelp”), a non-party to the original suit, to take down certain consumer reviews posted on its site. Hassell v. Bird , No. S235968, 2018 WL 3213933 (Cal. July 2, 2018)).

Billions and Billions: Carl Sagan Meets the Music Modernization Act

Music Technology Policy

According to a post in Variety, there seems to be a rather large chunk of cash sitting at the digital music services. As Artist Rights Watch posted, Variety’s initial story read: The DSPs are holding some $1.5 billion in unmatched mechanical royalties. If the MMA passes, that money would be passed through to the MLC which would match it to the songwriters and publishers.

Troubled ‘Tech-Enabled’ Law Firm Names Ethics Prof As Independent Monitor

Media Law

A Chicago-based, “technology-enabled” national bankruptcy firm that has been under fire for alleged hard-sell tactics and unauthorized practice of law yesterday named a professor of business law and ethics as an independent monitor to oversee its business practices. UpRight Law , a firm formed in 2013 by the founders of TotalAttorneys, Ed Scanlan and Kevin Chern , also announced a restructuring of its leadership from a member-managed company to a “manager-managed” company.

Shaw on Speech, Intent, and the President @CornellLaw

Media Law Prof Blog

Katherine Shaw, Cardozo School of Law, is publishing Speech, Intent, and the President in volume 104 of the Cornell Law Review. Here is the abstract. Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various

'Both parties are mired in white supremacy,' says ex-candidate in Denver.

Communications And Entertainment Law Blog

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Judge Allows Profits Lawsuit Against Universal Music Over Drake Albums

THR, Esq. Entertainment & Media Law Blog

Cash Money may have settled with Lil Wayne, but its legal problems — now Universal's — aren't over. read more. THR, Esq. Music Music Business THR Online

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August Regulatory Dates for Broadcasters – EEO Filings, Comments on FM Translator Interference and Class C4 Proposal, EAS Form One and More

Broadcast Law Blog

It may be time for summer vacations, but the FCC seemingly never rests, so there are a number of important dates of which broadcasters need to take note.

HFA is Getting Blamed Unfairly — Music Tech Solutions

Music Technology Policy

When you’ve been around as long as the Harry Fox Agency, you’re going to make some enemies, screw some things up, over react and over reach. You’re also going to do a lot of things right, make some friends and do some good. But most of all, you’re going to be the whipping boy […].

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Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing

New Media and Technology Law

An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois Biometric Information Privacy Act , 740 ILCS 14/1 (“BIPA”). Aguilar v. Rexnord, LLC , No. 17 CV 9019 (N.D. July 3, 2018)).

Rothman on The Right of Publicity: Privacy Reimagined in New York? @profrothman

Media Law Prof Blog

Jennifer Rothman, Loyola (Los Angeles) Law School; Yale Information Society Project; Yale Law School, is publishing The Right of Publicity: Privacy Reimagined for New York? in volume 36 of the Cardozo Arts & Entertainment Law Journal (2018). Here is the

Official Clip ft. Roy Moore | Ep.3 | Who Is America? | Saacha Barron punks former Alabama Senate Candidate Roy Moore who was defeated as a result of a surge of voting by African American women.

Communications And Entertainment Law Blog

BBC Goes to Court to Identify 'Doctor Who' Leaker

THR, Esq. Entertainment & Media Law Blog

The broadcaster has subpoenaed a mobile community a week after scenes from a show to air months from now surfaced online. read more. THR, Esq. Business Television Business THR Online

Comments Dates Set on FCC Rulemaking to Explore Reform of Children’s TV Rules – What Is Being Asked?

Broadcast Law Blog

The FCC’s Notice of Proposed Rulemaking on Children’s Television has been published in the Federal Register , setting the dates for comments on the questions that the FCC asks about changing the rules – particularly those rules dealing with educational and informational programming directed to children. Comments are due September 24, with replies due October 23. See the FCC Public Notice on these comment dates for more information.

Rule Takers vs. Rule Makers: Congress Should Support Startups in the Music Modernization Act

Music Technology Policy

If you read the current version of the Music Modernization Act , you may fine that it’s more about government mandates that entrench incumbents than a streamlined blanket compulsory license that helps startups climb the ladder. Yet in the weeds of MMA we find startups dealt out of governance by rule makers and forced as a rule taker to ante up payments by their competitors in a game that the bill makes into the only game in town.

CFAA and Breach of Contract Claims Dismissed in Website Data Scraping Suit

New Media and Technology Law

This past week, an Illinois district court dismissed, with leave to amend, claims relating to a competitor’s alleged scraping of sales listings from a company’s website for use on its own site. Alan Ross Machinery Corp. Machinio Corp. , 17-3569 (N.D. July 9, 2018)).

Haan on The Post-Truth First Amendment @shaan_haan

Media Law Prof Blog

Sarah Haan, Washington & Lee School of Law, is publishing The Post-Truth First Amendment in volume 94 of the Indiana Law Journal (2018). Here is the abstract. Post-truthism is widely understood as a political problem. In this Article, I argue

The Black Panther still in prison after 46 years

Communications And Entertainment Law Blog

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Cardi B Files $15M Countersuit Against Ex-Manager

THR, Esq. Entertainment & Media Law Blog

The hip-hop star alleges Klenord Raphael, known as "Shaft," breached contractual and fiduciary duties. read more. THR, Esq. Music Music THR Online

Moving FCC EEO Enforcement from the Media to the Enforcement Bureau – What Does It Mean?

Broadcast Law Blog

The FCC yesterday adopted an order moving broadcast EEO enforcement from the FCC’s Media Bureau to its Enforcement Bureau. The change will be effective later, after certain procedural approvals are obtained and after notice is published in the Federal Register. As EEO enforcement is primarily aimed at broadcasters and cable companies, and has been part of the Media Bureau responsibilities since the Bureau existed, why was this change made and what does it mean?

@helienne on MMA Safe Harbor

Music Technology Policy

If you take away the right to sue for copyright infringement, the way the MMA proposes, it’s basically introducing a retrospective and perpetual safe harbour – this, as music creators in Europe are trying to get rid of safe harbour. — helienne (@helienne) June 28, 2018. It must be said that Music Modernization Act safe harbor was released the same time as CISAC released an economic impact study of the DMCA safe harbor.

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Appeals Court Deals Loss to Chuck Close and Other Artists Seeking Resale Royalties

THR, Esq. Entertainment & Media Law Blog

Other nations might recognize "droit de suite," but in America, there's the first sale doctrine. read more. THR, Esq. Culture Culture Business THR Online

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MGM, Fox to Provide $8.7M Worth of James Bond Films to End Class Action

THR, Esq. Entertainment & Media Law Blog

The settlement comes in a lawsuit over customers who bought a box set advertising "all" Bond films who didn't get 'Casino Royale' and 'Never Say Never Again.' read more. THR, Esq. Business Movies Business THR Online

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Do Sacha Baron Cohen's Targets Have a Shot at Winning a Lawsuit? (Guest Column)

THR, Esq. Entertainment & Media Law Blog

Sacha Baron Cohen’s cinematic exploits as Ali G, Borat, and Brüno have been a lightning rod for litigation.

NBC Internal Investigation Probed Whether 'Biggest Loser' Contestants Were Given Drugs

THR, Esq. Entertainment & Media Law Blog

NBC is now fighting a subpoena from Rupert Murdoch's New York Post over a TV series that appears to have been cancelled without any official notice. read more. THR, Esq. Business Television Business THR Online

Will Supreme Court Nominee Brett Kavanaugh Gut Television Broadcasting As We Know It?

THR, Esq. Entertainment & Media Law Blog

What Trump's nominee said last year during a hearing could send shivers down the spines of broadcasters and other copyright holders. read more. THR, Esq. Business Television Politics Business THR Online