June, 2020

Can (and should) producers use COVID-19 waivers from cast and crew to limit their liability?

Gordon P. Firemark

The scenario. An actor client today told me that she’s been asked to sign a document before coming to work on a new project. The waiver expresses all kinds of new protocols for minimizing disease transmission on and around the set, but then it goes on to include a waiver, stating that she understands that there’s still a risk, and is assuming that risk by taking the job, so she promises not to sue or make claims if she gets the disease. she checked in with SAG/AFTRA.

AFTRA 109

Attention BrewBros: Internet Archive Announces Closing of National Emergency Library

Music Technology Policy

The eponymous Mr. Kahle announced with the usual huge heaping rasher of sanctimonious twaddle straight from the mollycoddle mumbletank that the so-called “National Emergency Library” was closing early. Not because Brewster Kahle did anything wrong, not because he got a Tillis-gram, no no no. It’s because there are other resources for the “Internet bound.” ” Internet bound. You read that right.

Who Watches the Watchers?

The Legal Satyricon

by Jay Marshall Wolman On May 25, 2020, George Floyd was killed by then-Minneapolis police officer Derek Chauvin during an arrest of Floyd for allegedly using a counterfeit $20 bill to purchase a pack of cigarettes. A 17-year old filmed the arrest and murder, which was then shared and resulted in protests against system racism […].

Film 76

Washington, State that Pioneered Licensed Legal Technicians, Cancels the Program

Media Law

The Washington Supreme Court has voted 7-2 to end the state’s pioneering Limited License Legal Technicians program, a first-of-its-kind program that the court created in 2012 in an effort to help address the unmet legal needs of residents who could not afford a lawyer. Washington’s LLLT program was the first in the United States to license paraprofessionals to give legal advice without the supervision of a lawyer.

Judge Dismisses Nunes Attempt To Sue Twitter Over Bovine Account

Media Law Prof Blog

A judge has dismissed Representative Devin Nunes's lawsuit against Twitter over the content of the Twitter account @DevinCow because Section 230 of the Communications Decency Act doesn't allow courts to treat social media platforms as publishers of the content of

Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation

New Media and Technology Law

In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of insurance quotes. Compulife Software, Inc. Newman , No. 18-12004 (11th Cir. May 20, 2020)).

Dr. Fauci says U.S. could soon see 100,000 new coronavirus cases per day

Communications And Entertainment Law Blog

40

More Trending

“Literally” Libel… Proof

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 www.entertainmentlawupdate.com/122. THE ROOM WHERE IT HAPPENED” MOVES TOWARDS PUBLICATION United States of America v John R. Bolton [USDC for the District of Columbia] PSA: SETTLEMENT FOR MUSICIANS PABLO STAR V.

Libel 100

For First Time in Decade, PACER Website Gets Major Update

Media Law

A new design rolled out yesterday for the website of the U.S. Courts Public Access to Court Electronic Records (PACER) program, the site’s first major update in a decade. The site, which can be found at pacer.uscourts.gov , provides information about the PACER service and is the portal to PACER applications. It is run by the Administrative Office (AO) of the U.S. Courts.

Fagan on Optimal Social Media Content Moderation and Platform Immunities

Media Law Prof Blog

Frank Fagan, EDHEC Business School, is publishing Optimal Social Media Content Moderation and Platform Immunities in the European Journal of Law and Economics. Here is the abstract. This Article presents a model of the lawmakers' choice between implementing a new

hiQ Files Opposition Brief with Supreme Court in LinkedIn CFAA Data Scraping Dispute

New Media and Technology Law

Last week, hiQ Labs, Inc. (“hiQ”) hiQ”) filed its brief urging the Supreme Court to deny LinkedIn Corp.’s s (“LinkedIn”) petition for a writ of certiorari in the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. LinkedIn Corp. , 938 F.3d 985 (9th Cir. 2019). The principal issue in the case concerns the scope of Computer Fraud and Abuse Act (CFAA) liability associated with web scraping of publicly available social media profile data.

Bounty

Communications And Entertainment Law Blog

40

Brewster Kahle Gets Another Tillis-Gram For Internet Archive’s National Emergency Ripoff, this Time with Added Songs and No Mechanicals

Music Technology Policy

Download a copy here. June 10, 2020. Mr. Brewster Kahle. Founder and Digital Librarian. Internet Archive. 300 Funston Avenue. San Francisco, CA 94118 Dear Mr. Kahle: I write to you again as Chairman of the Senate Judiciary Committee Subcommittee on Intellectual Property. In my April 8, 2020 letter, I expressed my concern that the Internet. Archive’s announcement of a National Emergency ” Library” filled with 1.4

Copyright Office Regulates the MLC: Selected Public Comments on MLC Transparency: MediaNet

Music Technology Policy

The wisest among us learn to use their portents well. There’s no need to hurry, it’s all downhill to hell. From “ Don’t Stand Still “, written by Original Snake Boy, performed by Guy Forsyth. The Copyright Office has solicited comments on the transparency of The MLC and received quite a few well-thought out comments (if I say so myself).

New Legal Research Tool Taps Into Caselaw Access Project’s 6.7M Cases

Media Law

It is rare that I get to report on a new legal research tool. Even so-called startups in legal research, such as Casetext and ROSS, have been in business since 2014 or earlier. But today I have news of a new entrant in the field, BuzzyCite. BuzzyCite is a free and easy-to-use case law research tool that taps into the vast collection of Harvard Law School’s Caselaw Access Project.

Tomorrow: A Live Conversation About Blogging with MyShingle’s Carolyn Elefant

Media Law

Join me tomorrow as I kick off a new series on behalf of LexBlog , This Week in Legal Blogging , starting with a conversation with one of the leading bloggers in the legal profession, Carolyn Elefant, founder of MyShingle.com. Each week, we’ll feature conversations with legal bloggers about their blogging stories — how and why they started blogging, how they built and engaged with their audience, and what it has meant to them personally and professionally.

Creator of Popular Legal Podcast ‘Gen Y Lawyer’ Joins WordRake in BizDev Role

Media Law

Nicole Abboud-Shayan , the lawyer and legal marketer who founded and hosted the popular podcast, The Gen Y Lawyer , has joined editing-software company WordRake as business development associate, where she will be responsible for helping to drive the company’s growth and support its strategic initiatives. “I’ve always been really intrigued by how people communicate,” Abboud-Shayan told me during a recent call.

Litera Acquires AI-Powered Contract Drafting Platform Bestpractix

Media Law

The document technology company Litera has acquired Bestpractix , a three-year-old, Israel-based company whose platform for contract review, negotiation and drafting uses natural language processing and machine learning to provide contract-drafting recommendations based on both a firm’s own previously negotiated agreements and on publicly available agreements.

Garon on a Conceptual Framework of Entertainment Law for the Twenty-First Century

Media Law Prof Blog

Jon Garon, Shepard Broad College of Law, has published Towards a Conceptual Framework of Entertainment Law for the Twenty-First Century. Here is the abstract. Throughout the history of entertainment, there have been only three goals of the state’s regulatory focus

Law 43

Conklin on How the Truth Can Be Deceiving: The Way Criminal Justice Headlines Are Misinterpreted @AngeloState

Media Law Prof Blog

Michael Conklin, Angelo State University, is publishing The Truth Can Be Deceiving: How Criminal Justice Headlines Are Misinterpreted in Ne. Extra Legal (March 21, 2020). Here is the abstract. Just as the criminal justice system has a profound effect

43

Schauer on Free Speech Overrides @uvalaw

Media Law Prof Blog

Frederick Schauer, University of Virginia School of Law, is publishing Free Speech Overrides in the University of Chicago Legal Forum (2020). Here is the abstract. This paper, prepared for a University of Chicago Law School symposium on “What’s the Harm

The Cross of Iron

Music Technology Policy

In a month when we honor the memory of the Normandy invasion, it is well to also remember that no one understands this deadly calculus better than a soldier. Particularly one who had a lifetime to think over the question and the math–only the price has gone up. Every gun that is made, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed. This world in arms is not spending money alone.

On the latest LawNext: Sociologist Rebecca Sandefur on Enhancing Access to Justice

Media Law

Sociologist Rebecca Sandefur is one of the world’s leading scholars on access to justice. Professor at the Sanford School of Social and Family Dynamics at Arizona State University, she is also a faculty fellow at the American Bar Foundation, where she founded and leads the Access to Justice Research Initiative. In 2018, she was named a recipient of a MacArthur “genius grant” for her work promoting an evidence-based approach to increasing access to justice for low-income communities. .

Growing Importance of Tech is Top Trend in Legal, But Few Feel Prepared for It, Wolters Kluwer Survey Finds

Media Law

Wolters Kluwer Legal & Regulatory U.S. is out today with its second-annual Future Ready Lawyer Survey Report , and its findings underscore the increasing importance of technology in the legal industry, with 76% of legal professionals in the U.S. and Europe saying that is the top trend. At the same time, however, only 28% of legal professionals indicated that their firm or organization is very prepared for it.

Post-Pandemic Drop in New Cases Sees Upturn, But Billing Volumes Fall, New Clio Data Shows

Media Law

Last month, I reported on research into the impact of COVID-19 on law firms and clients, compiled by the practice management company Clio , based on anonymous data from its customers and from surveys of lawyers and consumers.

Head of Innovation at Hogan Lovells Moves to Elevate, Gets Title of the Day Year

Media Law

Stephen Allen , head of innovation and digital at the law firm Hogan Lovells, is moving July 1 to law company Elevate , where he will take on one of the best job titles ever: Vice President, Enterprise Solutions and Get Sh*t Done.

Tilley on (Re)Categorizing Defamation @CristinaTilley

Media Law Prof Blog

Cristina Tilley, University of Iowa College of Law, is publishing (Re)Categorizing Defamation in volume 94 of the Tulane Law Review (2020). Here is the abstract. This Article makes a tort-based argument for reassessing modern defamation law. It opens by considering

Tort 40

Tilley on (Re)Categorizing Defamation @CristinaTilley

Media Law Prof Blog

Cristina Tilley, University of Iowa College of Law, is publishing (Re)Categorizing Defamation in volume 94 of the Tulane Law Review (2020). Here is the abstract. This Article makes a tort-based argument for reassessing modern defamation law. It opens by considering

Tort 40

The Importance of Fact Checking

Media Law Prof Blog

On a recent episode of the Pen Pod: a discussion with SNOPES journalist Alex Kasprak about the importance of fact-checking

40

During Briefing, State Department Avoids Question About Bolton's New Book

Media Law Prof Blog

During a recent interview, a State Department employee cut off a Reuters reporter's question about John Bolton's new book in order to allow Secretary of State Mike Pompeo to move on to other questions. More here from USA Today.

40

MLC Black Box Invasion: Transparency for the “Interim Application of Accrued Royalties”

Music Technology Policy

[Editor Charlie sez: This post is a version of Chris Castle’s comment in the current Copyright Office rulemaking on the transparency of the MLC and originally appeared on The Trichordist.]. By Chris Castle. Just when you think you understand Title I of the Music Modernization Act, another toad runs out from under a rock.

Board 40

Judge Refuses To Grant TRO in Bolton Case

Media Law Prof Blog

Here's a link to Judge Lamberth's ruling in U. Bolton. The "horse is out of the barn" but Ambassador Bolton might not get to keep the winnings from the horse race

Judge 40

Fox News Removes Misleading Images Of Seattle Protests From Website

Media Law Prof Blog

From the New York Times, via Pen America's Daily Alerts on Rights and Expression: Fox News has taken down photographs from its websites that incorrectly depict events at the recent protests in Seattle. One was a combination of pictures taken

Reddit Ireland Limiting Online Hours To Address Hate Speech Issue

Media Law Prof Blog

Reddit Ireland is going offline in the early morning (Irish time) in order to try to prevent postings from the United States that encourage hate speech. These postings appear during daytime in the U.S. More here from the BBC News

6/25: A Special ‘Ask Us Anything’ Edition Of Our Legaltech Journalists’ Roundtable

Media Law

For our weekly, live legaltech journalists’ roundtable tomorrow, we’re going to do something slightly different — make it an AMA (ask me anything) episode. In addition to our usual round-up of the week’s top stories in legaltech, we’ll take your questions about how we do what we do. Want to know how we pick our stories, or how to pitch us on a story, or more about our publications? Here’s your chance.

Copyright Office Regulates the MLC: Selected Public Comments on MLC Transparency: @zoecello

Music Technology Policy

[Editor Charlie sez: The U.S. Copyright Office is proposing many different ways to regulate The MLC, which is the government approved mechanical licensing collective under MMA authorized to collect and pay out “all streaming mechanicals for every song ever written or that ever may be written by any songwriter in the world that is exploited in the United States under the blanket license.” ” The Copyright Office is submitting these regulations to the public to comment on.

Calderon on The Shield and the Sword: The Press Between the Public Interest and the Illegal Interception of Private Communications

Media Law Prof Blog

Andres Calderon, Universidad del Pacifico Law School; Universidad del Pacifico Research Center, is publishing The Shield and the Sword: The Press Between the Public Interest and the Illegal Interception of Private Communications in volume 43 of the Hastings Communications and