January, 2019

Actor’s Equity On Strike: What’s it all about?

Gordon P. Firemark

If you've been planning to develop your plays and musicals using professional actors in a “developmental” production environment, you may have to put your plans on hold.

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Fair Pay, Fair Fight: Will the Circle Be Unbroken for Artist Airplay Royalties?

Music Technology Policy

The Music Modernization Act brought fairness to pre-72 artists who waited 20 years for the government to confirm what everyone knew—that non interactive digital music services like Pandora and Sirius should be paying them performance royalties like everyone else.

Arbel and Mungan on the Case Against Strict Defamation Laws @ProfArbel

Media Law Prof Blog

Yonathan A. Arbel, University of Alabama School of Law, and Murat C. Mungan, George Mason Law School, have published The Case Against Strict Defamation Laws. Here is the abstract. It is axiomatic that defamation law protects reputation. This proposition—common sensical

Startup’s New Messaging App for Lawyers Offers Security and Storage

Media Law

A Chicago-area startup founded by a lawyer who was concerned about his inability to securely message with colleagues and clients today launched a secure messaging app for iOS and Android that is designed to meet the security needs of legal professionals.

City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data

New Media and Technology Law

Venezuela: Last Week Tonight with John Oliver (HBO)

Communications And Entertainment Law Blog

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2019 – Off to a great start!

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.

More Trending

Goldman on An Overview of the U.S.'s Section 230 Internet Immunity @ericgoldman

Media Law Prof Blog

Eric Goldman, Santa Clara University School of Law, is publishing An Overview of the United States’ Section 230 Internet Immunity in The Oxford Handbook of Online Intermediary Liability (Giancarlo Frosio, ed.) Forthcoming). Here is the abstract. 47 U.S.C. §

Everything You Ever Wanted to Know About Digital Marketing: Interview with Lawyer/Marketer Seth Price

Media Law

Well maybe not everything , but I recently sat down with Seth Price for a wide-ranging conversation about digital marketing for law firms. Seth comes at this from the perspective of a lawyer who learned to market his own firm and then decided to apply that learning to other firms.

Notice of Terms via Buried Link within a Post-Sale Email Unenforceable

New Media and Technology Law

In Starke v. SquareTrade, Inc. , 17-2474, 2019 WL 149628 (2d Cir.

AOC Has A Massive Impact During Her First Week In Congress

Communications And Entertainment Law Blog

DOJ Reportedly to Review Impact of Digital Advertising on Broadcast Merger Review

Broadcast Law Blog

Press reports following a speech this week by the head of the Department of Justice’s Antitrust Division have many in the broadcast industry paying attention.

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The MTP Podcast: The Truth About Streaming Royalties

Music Technology Policy

Chris Castle on how the streaming royalty allocation guarantees a declining royalty for artists. SHOW NOTES. The Trichordist Streaming Price Bible for 2018 . Arithmetic on the Internet: The Ethical Pool Solution to Streaming Royalty Allocation . BBCtrending: The mystery tracks being ‘forced’ on Spotify users–another explanation . Laura Kobylecky, Making Fake Art: “1984”, The New Rembrandt, and The “Fake Artist” . MTP Podcasts Streaming Meltdown MTP Podcast streaming royalties

Penney and Citron on When Law Frees Us To Speak @oiioxford @daniellecitron

Media Law Prof Blog

Jon Penney, University of Oxford, Oxford Internet Institute, and Danielle Keats Citron, University of Maryland School of Law, are publishing When Law Frees Us to Speak in the Fordham Law Review. Here is the abstract. A central aim of online

Legal Tech in the Heartland, Episode 3: Joseph Peiffer, Hiawatha, Iowa

Media Law

How do solo and small-firm lawyers use technology in their practices? Hoping to provide some small insight into this, I recorded a series of 18 interviews with lawyers, asking them about the technologies and products they use in their work.

New York City Considers Facial Recognition Bill — Will New York Be the Next Forum for Biometric Privacy Litigation?

New Media and Technology Law

In light of the recent decision by the Illinois Supreme Court in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill. 25, 2019) , it is worth remembering that late last year, New York City Council members Ritchie Torres (and additional co-sponsors) introduced a bill for the city council to consider that would regulate the use of biometric technology in New York City. Bill Int.

Opinion | Time to Break the Silence on Palestine - The New York Times

Communications And Entertainment Law Blog

Time to Break the Silence on Palestine Martin Luther King Jr. courageously spoke out about the Vietnam War. We must do the same when it comes to this grave injustice of our time.

FCC to Examine the Process for Awarding Construction Permits for New NCE and LPFM Stations – And Some of the Rules that Apply Once a New Noncommercial CP is Awarded

Broadcast Law Blog

As we wrote on Friday , the government shutdown affects many aspects of FCC operations – and could affect the ability of the FCC to hold its regular monthly meeting, now scheduled for January 30. With the FCC likely shut down for most of this week, just before closing, the FCC released its agenda for the January 30 meeting (which would normally have been released this week – 3 weeks before the meeting).

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@Europarl_EN Explains Article 13 and Google’s Fake “Lobbying”

Music Technology Policy

This week the European Parliament issued a scathing rejection of Google and Facebook’s massive lobbying campaign against Members of the European Parliament over what’s often called “Article 13”, or the Directive on Copyright in the Digital Single Market. Article 13 is the first meaningful attempt to reverse the European safe harbor income transfer and close the value gap. . Yet Article 13 is a crucial step toward restoring creator rights both in and outside Europe.

Hudson on Anti-Profanity Laws and the First Amendment

Media Law Prof Blog

David L. Hudson, Jr., has published Anti-Profanity Laws and the First Amendment at 42 T. Marshall L. 203 (2017). Here is the abstract. The essay first examines several current state laws that prohibit profanity under certain circumstances. It then

Summary and Analysis: Microsoft Office 365 eDiscovery Challenge Survey

Media Law

In Federal Court, Article III Standing Remains a Defense to Illinois Biometric Privacy Claims

New Media and Technology Law

Last Friday, the Illinois Supreme Court ruled in the long-awaited Rosenbach case that an individual does not have to plead an actual injury or harm , apart from the statutory violation itself, in order to have statutory standing to sue under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court ruling will allow procedural BIPA violations to proceed (and multiply) in state court – and has reportedly already prompted parties to settle such actions.

Before Alexandria Was Known As AOC, There Was A Movement That Recruited.

Communications And Entertainment Law Blog

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Update on Updating the Public Inspection File Post-Shutdown

Broadcast Law Blog

Yesterday, we published an article talking about an FCC public notice extending all filing deadlines that fell between January 8 and February 7 (except those dealing with auctions and other activities of the FCC unaffected by the government shutdown) to February 8.

@GTP_Updates Demonstrates Google’s European Influence Campaign

Music Technology Policy

@artistrights tweeted in reaction to the stalled Article 13 legislation in Europe “American multinational corporations impose their commercial imperialism over their vassal states. Not the Europe we love.” ” There probably has never been as revealing an insight into Google’s short, loathsome and treacherous lifespan as the Article 13 legislative process in the European Parliament.

Ramsey on Free Speech Challenges to Trademark Law After Matal v. Tam @LPRamsey

Media Law Prof Blog

Lisa P. Ramsey, University of San Diego School of Law, is publishing Free Speech Challenges to Trademark Law After Matal v. Tam in volume 56 of the Houston Law Review. Here is the abstract. Trademark laws and free speech are

Thomson Reuters, Long A Mainstay At ABA TECHSHOW, Withdraws As Exhibitor

Media Law

For as long as I can remember in attending the American Bar Association’s annual TECHSHOW conference, one constant has persisted: the prominent presence in the exhibit hall of Thomson Reuters or its predecessor West Publishing Company. This year, that will change. When TECHSHOW opens Feb. 27 in Chicago, Thomson Reuters will not be among the exhibitors. Thomson Reuters confirmed this week that it will not exhibit at TECHSHOW this year. Last year, it spent $137,000 to exhibit at TECHSHOW.

Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis

New Media and Technology Law

Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the multi-factor balancing test, particularly in the face of new technologies that use, modify, and aggregate data in ways not envisioned under the Copyright Act. The Second Circuit’s February 2018 fair use decision in the dispute between Fox News Network, LLC (“Fox”) and TVEyes, Inc.

Barbara Lee’s advice for Alexandria Ocasio-Cortez, Ayanna Pressley, and the other new women of color in Congress. “You have to break through all of that sexism and racism. You have to really confront that all of the time.”

Communications And Entertainment Law Blog

Barbara Lee’s advice for Alexandria Ocasio-Cortez, Ayanna Pressley, and the other new women of color in Congress.

DOJ Reportedly to Review Impact of Digital Advertising on Broadcast Merger Review

Broadcast Law Blog

Press reports following a speech this week by the head of the Department of Justice’s Antitrust Division have many in the broadcast industry paying attention.

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Our God Is Marching On! Oration by Rev. Dr. Martin Luther King, Jr.

Music Technology Policy

March 25, 1965 at the conclusion of three marches from Selma to Montgomery Alabama from the steps of the Alabama State Capitol, near the Dexter Avenue Baptist Church from which MLK launched the Montgomery bus boycott.

Craig on The End of Innocence: Open Justice, Free Speech[,] and Privacy in the Modern Constitution @RobertCraig3

Media Law Prof Blog

Robert Craig, London School of Economics & Political Science, has published The End of Innocence: Open Justice, Free Speech and Privacy in the Modern Constitution – Khuja (Formerly PNM) V Times Newspapers Limited at 82 Modern Law Review 129 (2019

Clio Is Launching A Podcast Devoted To What Matters In Building A Law Practice

Media Law

In building a law practice, small changes can have a big impact on your success. That is the driving principle behind a new monthly podcast being launched today by the practice management company Clio. Called Matters , each 30-minute episode will focus on a specific technique, strategy or tactic that — as the name suggests — “matters” in transforming a law practice.

Illinois Supreme Court Rules Actual Injury Not Needed to Be an “Aggrieved” Party under Biometric Privacy Law

New Media and Technology Law

In a long-awaited decision, the Illinois Supreme Court issued its ruling in Rosenbach v. Six Flags Entertainment Corp. 2019 IL 123186 (Ill. 25, 2019), on whether a person “aggrieved” by a violation of the Illinois Biometric Information Privacy Act (“BIPA”) must allege some actual injury or harm beyond a procedural violation to have standing to bring an action under the statute.

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MLK Warned Us of the Well-Intentioned Liberal | The Nation

Communications And Entertainment Law Blog

"For the first time since Congress passed legislation to make the third Monday of January a national holiday to honor the Rev. Dr. Martin Luther King Jr.,

FCC Rejects Challenge to Hundreds of FM Translator Applications

Broadcast Law Blog

Just back from the shutdown, the FCC released an order denying the appeal of two LPFM advocacy groups who had appealed the denial of their petition s eeking to block hundreds of new FM translators that will rebroadcast AM stations. We wrote about prior rejections of this petition by the Media Bureau here and here. Yesterday’s order rejected the petitioners’ application for review seeking consideration by the full Commission of the Bureau’s decisions.

Predictions: Spotify To Incubate the No Records Label Group

Music Technology Policy

Streaming services like Spotify are faced with a squeeze–how can they be more like Facebook? That means how can they get really get into that Web 2.0 game by getting more people to work for them for free while retaining 100% of the revenue for selling their work product? Or better yet, get people to pay them real money in return for promo bucks? (Or Or in the Lefsetz world, Bitbob.).