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.

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I Say It Here: As Predicted, EFF and Durie Tangri to Defend Internet Archive To Keep the Massive Infringement Flowing

Music Technology Policy

According to Silicon Valley mouthpiece Torrentfreak , guess who is going to be defending the Internet Archive and the eponymous Mr. Kahle in their massive copyright infringement suit from publishers?

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Trending Sources

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 […].

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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.

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.

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

Communications And Entertainment Law Blog

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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.

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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.

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).

Bounty

Communications And Entertainment Law Blog

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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

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.

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.

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.

Litera Acquires AI-Powered Contract Drafting Platform Bestpractix

Media Law

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

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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

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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

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.

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.

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.

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

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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

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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

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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.

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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.

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.

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

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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

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

LawNext: Court Buddy Founder James Jones Jr. on Being A Black Entrepreneur in Legal Tech

Media Law

In 2015, the husband-and-wife team of James Jones Jr. and Kristina Jones founded Court Buddy , a service that matches consumers with vetted lawyers at affordable prices. Last November, the couple stepped aside from the business to pursue other interests.

ILTACON 2020 Will Be Entirely Virtual

Media Law

The International Legal Technology Association had seemed to be on the fence about whether to retain a physical aspect of its annual ILTACON conference in August, but now it has decisively come down on the side of a virtual-only conference.

Join Us for Our Legaltech Journalists’ Roundtable, Tomorrow at 11 ET

Media Law

Our weekly journalists’ roundtable is back again tomorrow, at an earlier hour this time. Join us as our panel of legaltech journalists discuss the top stories of the week. We’re convening at an earlier hour this time: Friday, June 12, 11 a.m. It is free but registration is required.

Clio Cloud Conference Will Be Truly In The Cloud, As Clio Cancels Physical Event

Media Law

The 2020 Clio Cloud Conference is being moved to a venue apropos of its name — the cloud. The practice management company Clio , which has staged the law practice and technology conference annually since 2013, has pulled the plug on the physical conference that had been scheduled for Oct.