April, 2019

Ten Years and Going Strong!

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. EMAIL FROM PREVIOUS CONTRIBUTOR Jessica Leano: PINKERTONS DROP SUIT ARTICLE 11 AND 13 GET APPROVED IN THE EU ARIANA AND GIGI WHO OWNS A PICTURE OF THEMSELVES?

McKenna on Dilution and Free Speech in the U.S.--Reprise @markpmckenna

Media Law Prof Blog

Mark P. McKenna, Notre Dame Law School, has published Dilution and Free Speech in the U.S., Reprise. Here the abstract. This Chapter address the topic of trademark dilution — the additional protection granted to famous trademarks under United States (U.S.

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Trending Sources

Why Artists Should Care About @AGSNYT: How The Times Thinks About Privacy

Music Technology Policy

The New York Times has started “The Privacy Project” and kicks off the story correctly with an introspective opinion piece from the boss, A.G. Sulzberger. We should do the same.

New Site Is Comprehensive Resource for Federal and State Jury Instructions

Media Law

A new website, Trialdex , is a comprehensive resource for finding and comparing federal and state jury instructions.

Mueller Objected to Barr’s Description of Russia Investigation’s Findings - The New York Times

Communications And Entertainment Law Blog

"Robert S. Mueller III, the special counsel, leaving Easter services in April. He ended his investigation and delivered his 448-page report to the attorney general in March.Andrew Harnik/Associated Press WASHINGTON — Robert S.

CFAA Claim Dismissed in Scraping Suit, While Contract Claim Survives

New Media and Technology Law

This month, an Illinois district court considered another in the series of web scraping disputes that have been working their way through our courts. In this dispute, CouponCabin, Inc. PriceTrace, LLC , No. 18-7525 (N.D. 11, 2019), CouponCabin alleged that a competitor, PriceTrace, scraped coupon codes from CouponCabin’s website without authorization and displayed them on its own website.

May Regulatory Dates for Broadcasters – License Renewal Activities and Lots of Comment Dates

Broadcast Law Blog

With the June 3 filing deadline fast approaching for license renewals for radio stations in Maryland, DC, Virginia and West Virginia , stations (including FM translators and LPFMs) licensed to any community in any of those states should be beginning to prepare their applications. As we wrote here , the FCC forms should be available next week, so once May 1 rolls around, early birds in those states can start to file their renewal applications and the accompanying EEO program report.

More Trending

20 Questions for New Artists Part 1: Bank Accounts/Tax Returns/Accountants

Music Technology Policy

For the next few weeks, we’re going to post updated sections from the article “20 Questions for New Artists” by Chris Castle and Amy Mitchell which has been posted various places. This doesn’t constitute legal advice, or any intent to form the attorney-client relationship. (If If you miss an installment, try searching this blog for “20 Questions for New Artists” ).

Legal Industry Veteran Sameena Kluck Joins Pro Bono Tech Startup Paladin

Media Law

Sometimes news converges in fortuitous ways. Yesterday, I interviewed Felicity Conrad , cofounder and CEO of the pro bono technology startup Paladin , for next week’s LawNext podcast.

Opinion | A Terrorist Tried to Kill Me Because I Am a Jew. I Will Never Back Down. #ResistanceIsNotFutile - The New York Times

Communications And Entertainment Law Blog

Opinion | A Terrorist Tried to Kill Me Because I Am a Jew. I Will Never Back Down. - The New York Times

Tushnet on the First Amendment and Trademark Registration @rtushnet

Media Law Prof Blog

Rebecca Tushnet, Georgetown University Law Center, has published The First Amendment Walks Into a Bar: Trademark Registration and Free Speech, at 92 Notre Dame L. 381 (2016). Here is the abstract. This Article analyzes the First Amendment arguments against

Mike Whelan of Lawyer Forward Moves to Casetext as Managing Editor

Media Law

Mike Whelan Jr.

Tech-Savvy Firms More Profitable Now, More Prepared for the Future, Finds Survey of U.S. and EU Legal Professionals

Media Law

A survey of 700 lawyers in U.S.

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Lipton on Whether Literary Agents Are Really Fiduciaries

Media Law Prof Blog

Jacqueline D. Lipton, University of Pittsburgh Law School, is publishing Are Literary Agents (Really) Fiduciaries? in volume 86 of the Tennessee Law Review (2019). Here is the abstract. 2018 was a big year for “bad agents” in the publishing world

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Trudeau on "The Simpsons"? Oh, Canada! @meyer_lucas @TheSimpsons

Media Law Prof Blog

Canadian Prime Minister Justin Trudeau will be a guest character on Sunday's episode of "The Simpsons," but he won't be the voice for his own character. That duty will fall to Lucas Meyer, a reporter for NEWSTALK1010 in Toronto.


Haupt on Sex and the First Amendment Through the Lens of Professional Speech @CEHaupt

Media Law Prof Blog

Claudia E. Haupt, Northeastern University School of Law; Yale University, Yale Information Society Project, is publishing Sex and the First Amendment Through the Lens of Professional Speech in volume 17 of the First Amendment Law Review (2019). Here is the

Parliamentary Report on the Inquiry Into the Australian Music Industry

Media Law Prof Blog

Just released by the House Standing Committee on Communications and the Arts: A report on the inquiry in the Australian music industry. Download it from links available here

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Webber on Proportionality and Limitations on Freedom of Speech @GregoireWebber

Media Law Prof Blog

Grégoire Webber, Queen's University, Faculty of Law, London School of Economics, Law Department, is publishing Proportionality and Limitations on Freedom of Speech in the Oxford Handbook of Freedom of Speech (Fred Schauer and Adrienne Stone, eds., Forthcoming). Nothing is more

Rosenblatt on Who Speaks For Slender Man

Media Law Prof Blog

Elizabeth Rosenblatt, University of California, Davis, has published Who Will Speak For The Slender Man?: Dialogism and Dilemmas in Character Copyright in volume 70 of the Florida Law Forum (2018). Here is the abstract. This Essay responds to Professor Cathay

Moreham and Tinsley on the Impact of Grief Journalism on Its Subjects @VicUniWgtn

Media Law Prof Blog

Moreham and Yvette Tinsley, both of the Victoria University of Wellington Faculty of Law, have published The Impact of Grief Journalism on Its Subjects: Lessons From the Pike River Mining Disaster in the Journal of Media Law (2019

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Silbey on Control over Contemporary Photography: A Tangle of Copyright, Right of Publicity, and the First Amendment @JSilbey

Media Law Prof Blog

Jessica M. Silbey, Northeastern University School of Law, has published Control over Contemporary Photography: A Tangle of Copyright, Right of Publicity, and the First Amendment at 42 Columbia Journal of Law & the Arts 351 (2019). Here is the abstract

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Beebe and Fromer on Immoral or Scandalous Marks: An Empirical Analysis @Jeanne Fromer

Media Law Prof Blog

Barton Beebe and Jeanne C. Fromer, both of New York University School of Law, have published Immoral or Scandalous Marks: An Empirical Analysis. Here is the abstract. This article reports the results of a systematic empirical study of how the

Wilson on Brandenburg in an Era of Populism @richardawilson7

Media Law Prof Blog

Richard Ashby Wilson, University of Connecticut School of Law, is publishing Brandenburg in An Era of Populism: Risk Analysis in the First Amendment in the University of Pennsylvania Journal of Law & Public Affairs (2019). Here is the abstract.

Travis on The "Monster" That Ate Social Networking? @fiulaw

Media Law Prof Blog

Hannibal Travis, Florida International University College of Law, has published The ‘Monster’ That Ate Social Networking? in Cyberspace Law: Censorship and Regulation of the Internet (Travis ed., Routledge 2013). Here is the abstract. This chapter analyzes the privacy, intellectual property

Georgia Lawmakers Introduce Bill To Create Ethics In Journalism Board and Standards To Hold Journalists Accountable For Their Reporting

Media Law Prof Blog

Six Georgia state lawmakers think a set of ethical standards for journalists would be an excellent idea, and they've introduced a bill, "The Ethics in Journalism Act," to try to make it so. Coverage from the Atlanta Journal-Constitution points out

The Perfect Podcast for Mueller-Report Release Day: ‘Talking Feds’

Media Law

With the report due out today of the investigation by special counsel Robert S. Mueller III into Russian election interference, there is one podcast I will be watching for its next episode to come out.

In Memoriam: Richard Zorza, Impassioned Advocate and Blogger on A2J and Legal Tech

Media Law

Richard Zorza once wrote that, after his death, he would continue to blog from hell. I would not be surprised if Richard, who died April 13 at the age of 69, is still blogging somewhere, but I am quite certain it isn’t hell. On my short list of must-read blogs, Richard’s Access to Justice Blog was at the top.

Michigan Could Be Next to Adopt Duty of Technology Competence

Media Law

The roster of states that have adopted the duty of technology competence for lawyers is at 36, but now Michigan is on track to possibly make it 37. Yesterday, the Michigan Supreme Court posted a notice that it is considering adopting the duty and requesting public comment. The proposal would amend a paragraph of the comments to Rule 1.1 of the Michigan Rules of Professional Conduct to read as follows: Maintaining Competence. To maintain the requisite knowledge and skill, a lawyer should.

End of an Era: Tom Bruce, Trailblazing Director of LII, to Retire after 27 Years

Media Law

It is possible that no one was more influential in shaping the universe of online access to legal information than Tom Bruce. Way back in 1992 — a year before the launch of the World Wide Web and when only scraps of legal information could be found on the Internet — Tom and colleague Peter Martin founded the Legal Information Institute at Cornell Law School, with the goal of making the law available to everyone online, for free.

Gmail’s New ‘Smart Compose for Lawyers’ Uses AI to Add Legalese to Emails

Media Law

One of the most popular recent enhancements to Google’s Gmail has been the feature called Smart Compose , first introduced in May 2018 and given several enhancements since. Powered by machine learning, Smart Compose offers suggestions as you type for completing sentences. Google says the feature has saved people from typing “over 1 billion characters each week.” ” Today, Google announced several additional enhancements to Gmail, including to its Smart Compose feature.

Fastcase Adds Expert Witness Profiles from JurisPro and Courtroom Insight

Media Law

Legal research company Fastcase said today that new partnerships with JurisPro and Courtroom Insight , two companies that provide expert-witness profiles and data, will allow it to provide access to over 100,000 expert witness profiles from within the Fastcase 7 platform.

20 Questions for New Artists Part 2: Performing Rights Society Affiliation

Music Technology Policy

[For the next few weeks, we’re going to post updated sections from the article “20 Questions for New Artists” by Chris Castle and Amy Mitchell which has been posted various places. This doesn’t constitute legal advice, or any intent to form the attorney-client relationship. (If If you miss an installment, try searching this blog for “20 Questions for New Artists”.)]. There is a bit of strategy involved with affiliating with a songwriter performing rights society in the United States.

LawNext Episode 35: Felicity Conrad, Cofounder and CEO of Paladin

Media Law

Felicity Conrad is on a mission to help expand pro bono legal services. The legal technology company she cofounded, Paladin , helps corporations, law firms, law schools and legal service organizations streamline their pro bono programs, with the greater goal of helping them serve more clients in need and help close the gap in access to justice.

Major Industry News: EY to Acquire Pangea3 from Thomson Reuters, Expanding Its Global Legal Services

Media Law

In major news indicative of the direction of the legal services industry globally, EY — the entity that encompasses Ernst & Young companies worldwide — has entered into an agreement with Thomson Reuters to acquire Pangea3, the legal managed services business. This follows EY’s acquisition last August of Riverview Law, a UK-based alternative legal services provider (ALSP).

LawNext Episode 34: Alternative Legal Models – A Panel Discussion

Media Law

Not all law firms are equal. In fact, some of them are drastically different from one another. As technology becomes even more pervasive in the legal industry, the industry is changing and reacting. This week on LawNext, I step aside from hosting duties and present a special live panel discussion from UC Hastings’ legal innovation hub, LexLab.

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LawNext Episode 36: Atrium Cofounder Augie Rakow on the Alternative Firm’s Successes and Challenges

Media Law

Silicon Valley-backed Atrium is a different kind of law firm — a dual entity that is part law practice and part legal technology company. The goal is to provide corporate clients with a more efficient and transparent alternative to traditional large firms, with Atrium’s lawyers focusing exclusively on practicing law, while a second entity, Atrium LTS, handles all operations for the firm, even including marketing, and develops and operates software to streamline the firm’s workflows.

LawNext Episode 33: AJ Shankar, Founder and CEO of Everlaw

Media Law

?. Everlaw is an e-discovery company that has attracted the interest of some big-name Silicon Valley venture capital firms, raising nearly $35 million in the last three years. It was the first legal technology company to receive an investment from Andreessen Horowitz, a firm known for backing a wide-ranging portfolio of successful companies such as Facebook Twitter, Airbnb, Box, Skype and Slack.