February, 2019

Trending Topics / Law of Podcasting – Entertainment Law Update Episode 106

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. SHORT DISCUSSION AT THE START LAWSUITS OVER CALL AT RAMS/SAINTS GAME: (Icebreaker-Can we all agree the halftime show needed more Spongebob?)

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You Furnish Alexa, and He’ll Furnish the War

Music Technology Policy

When Hearst Artist Frederic Remington, cabled from Cuba in 1897 that “there will be no war,” William Randolph Hearst cabled back: “You furnish the pictures and I’ll furnish the war.” ” Time Magazine.

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Trending Sources

Call For Nominations: Harry W. Stonecipher Award for Distinguished Research on Media Law and Policy

Media Law Prof Blog

Call For Nominations: Harry W. Stonecipher Award for Distinguished Research on Media Law and Policy The Law and Policy Division of the Association for Education in Journalism and Mass Communication (AEJMC) seeks nominations for the 2018 Harry W. Stonecipher Award

For ALT, It’s Second Conference Was A Reckoning

Media Law

In 2017, a group of longtime and prominent members of the International Legal Technology Association , unhappy with the association’s direction, broke off and formed an alternative, the Association of Legal Technologists.

Elimination of Requirement that Broadcasters Post Their Licenses Becomes Effective

Broadcast Law Blog

As we wrote here , at the FCC’s December meeting, the FCC was scheduled to adopt an order eliminating the requirement that broadcasters post a physical copy of their licenses and other instruments of authorization at their control points or transmitter sites. In fact, the Commission adopted that order before the meeting, and it today published the order in the Federal Register , meaning that it is effective as of today.

Digital Currency App’s Electronic User Agreement Held Enforceable

New Media and Technology Law

In a recent blog post, we wrote about how the Second Circuit found the arbitration clause in a web service’s terms and conditions unenforceable because the user did not have reasonable notice of the terms that were communicated via a hyperlink in a post-sale email.

Trump Ordered Officials to Give Jared Kushner a Security Clearance - The New York Times

Communications And Entertainment Law Blog

"WASHINGTON — President Trump ordered his chief of staff to grant his son-in-law and senior adviser, Jared Kushner, a top-secret security clearance last year, overruling concerns flagged by intelligence officials and the White House’s top lawyer, four people briefed on the matter said.

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Healy on Learned Hand and the Making of a Free Speech Dissent @SetonHallLaw

Media Law Prof Blog

Thomas Healy, Seton Hall University School of Law, has published Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent at 50 Arizona State Law Journal 803 (2019). Here is the abstract. In this essay marking the

Chatbots are Coming to Lexis Advance, to Help Guide Your Legal Research

Media Law

“What if legal research was more human, more like a conversation, the kinds we have among ourselves?”

Copyright Royalty Board Announces Changes in Judges

Broadcast Law Blog

With the Copyright Royalty Board now in the early stages of the next proceeding to consider webcasting royalties (see our article here ) as well as other proceedings including the distribution of cable and satellite television royalties to TV programmers (see these CRB notices ), the Chief Judge of the CRB, Suzanne Barnett, announced her retirement earlier this month. The Librarian of Congress has announced that Copyright Royalty Judge Jesse Feder has been elevated to the Chief Judge’s position.

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Music Technology Policy

You may have never heard of Cloudflare and you may be wondering what the company has to do with music, technology or policy.

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Gotta Whole Lotta Likes: Social Media Oppo to Article 13 Continues

Music Technology Policy

Here’s a few examples of what the Twitter campaign against Article 13 looks like, draw your own conclusions: Article 13 Fake News

Guest Post by Iain Baker of @jesusjonesband on the PledgeMusic Situation

Music Technology Policy

[Used by permission of the artist. This post is from a series of tweets by Iain Baker of Jesus Jones regarding both their experience being cut off by PledgeMusic and also the implications for the larger music business.]. The music business is fond of winning battles, and losing wars. The best example I can think of is squashing Napster – that victory was anything but – it didn’t hold back the tide of downloads, it merely hastened the rise of streaming.

Chatterjee on IP, Independent Creation, and the Lockean Commons @nirrvala

Media Law Prof Blog

Mala Chatterjee, NYU School of Law; Stanford University; NYU Department of Philosophy, has published Intellectual Property, Independent Creation, and the Lockean Commons. Here is the abstract. Copyright and patent law – which grant exclusive rights in two very different kinds

#WholeLottaBots: Tracking the Meme Factory Against Article 13

Music Technology Policy

If you check these accounts, you may find that only a couple look real (including Doctorow). Who knows, but looks weird. Article 13 Uncategorized Arctic pirate party

11th Circuit Affirms Lower Court Order Unsealing Grand Jury Transcripts In Moore's Ford Lynching Case

Media Law Prof Blog

The 11th Circuit has affirmed a lower court ruling unsealing the grand jury transcripts in the Moore's Ford lynching case. A mob murdered two African-American couples at Moore's Ford, Walton County, Georgia, 1946. In 2017, the Georgia Bureau of Investigation


De Gregorio on Secret Filming and the Right To Inform Under A European Constitutional Perspective @unimib

Media Law Prof Blog

Giovanni De Gregorio, University of Milano-Bicocca, has published Secret Filming and the Right to Inform under an European Constitutional Perspective. The Case of Alpha Doryforiki v. Greece at 2 Rivista di diritto dei media 410 (2018). Here is the abstract

Smokeball Goes Hollywood with Clever New Advertising Campaign

Media Law

And the Oscar for best performance in a legal technology commercial goes to … Calista Flockhart.

Jorge Ramos on Nicolas Maduro

Media Law Prof Blog

Jorge Ramos on Nicolas Maduro, here, from the New York Times. Mr. Maduro detained Mr. Ramos and his crew for several hours Monday evening because he did not like their coverage of him, but eventually released them, after seizing their

Blitz on Lies, Line Drawing, and (Deep) Fake News

Media Law Prof Blog

Marc Jonathan Blitz, Oklahoma City University, has published Lies, Line Drawing and (Deep) Fake News at 71 Okla. 59 (2018). Here is the abstract. Just over twenty years ago, in 1998, science fiction writer and technologist David Brin

New from OUP: Mary Kate McGowan, Just Words: On Speech and Hidden Harm (2019) @OxUniPress

Media Law Prof Blog

New from Oxford University Press: Mary Kate McGowan, Professor of Philosophy, Wellesley College, has published Just Words: On Speech and Hidden Harm (2019). Here is a description of the book's contents. We all know that speech can be harmful.

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The Conversation On CNN's Hire of Sarah Isgur Flores @ConversationUS

Media Law Prof Blog

Sarah Isgur Flores moves to CNN. The Conversation examines similar media hires and analyzes this one

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@SusanWojcicki Thanks YouTube “Creators” for Making Her Rich

Music Technology Policy

Article 13 YouTube Meltdown

"Magic Hour," Series Featuring Young Journalist, Now Filming

Media Law Prof Blog

Currently filming in Vancouver, BC: Magic Hour (Apple/Paramount), a ten-episode series based on the life and stories of young journalist Hilde Lysiak. More here from Deadline Hollywood. and here, from Inside Vancouver

Center For Journalism Ethics, UW-Madison, Announces Finalists For Anthony Shadid Award @UWJournEthics

Media Law Prof Blog

The Center for Journalism Ethics, University of Wisconsin, Madison, has announced the five finalists for the 2019 Anthony Shadid Award in Journalism Ethics. Here from the Center's announcement, is the list. Read more about the award here. Julie K. Brown


Ben-Natan on The Legal Challenge to the Playboy Challenge @TelAvivUni

Media Law Prof Blog

Smadar Ben-Natan, Buchmann Faculty of Law; UC Berkeley Center for the Study of Law and Society, UC Berkeley Center for Middle Eastern Studies, has published Controversy and Consensus, Pornography and Hate Speech: The Legal Challenge to the Playboy Channel in

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District Court Finds Massachusetts Statute Prohibiting Secret Recording of Government Officials Violates First Amendment @M_Lambert4612

Media Law Prof Blog

A federal district court has ruled that the Massachusetts statute criminalizing secret recordings of non-consenting persons as it applies to public officials violates the First Amendment. Consistent with the language of Glik, the Court holds that Section 99 may not

Monti on Automated Journalism and Freedom of Information

Media Law Prof Blog

Matteo Monti, Scuola Superiore Sant'Anna di Pisa, is publishing Automated Journalism and Freedom of Information: Ethical and Juridical Problems Related to AI in the Press Field in volume 1, issue 1 of Opinio Juris in Comparatione (2019). Here is the

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What's Next For the Newseum?

Media Law Prof Blog

The Newseum opened its doors in 2008. Now it's selling its building to Johns Hopkins. It's not clear what happens next to this idea devoted to journalism and the history of the press. The Washington Post discusses options here

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UK AI Company Luminance Gets $10 Million Series B Funding

Media Law

The UK company Luminance , an artificial intelligence platform for contract review, today announced that it has completed a Series B funding round of $10 million, at a valuation of $100 million. The funding was raised from existing investors Invoke Capital, Talis Capital and Slaughter and May.

It’s Time to Tell Them #IRespectMusic: Big Radio Starts the Anti-Artist Drumbeat with the Fake Local Radio Freedom Act Take 2

Music Technology Policy

Remember the Local Radio Freedom Act from last year? Well, they’re back with a new LRFA (pronounced “screw you”). This Congress can’t agree about much, but they can agree they want to keep screwing artists. Here’s the deal. LRFA is the Alinsky-style straw man–demonize your opponent as something you want people to believe your opponent to be (a “tax” for example), then perpetuate that mischaracterization no matter what. (In

Cheng Lim Saw on Implications of Reposting Copyright Material Online and Svensson Distinguished in CJEU Judgment Land Nordrhein-Westfalen v. Dirk Renckhoff

Media Law Prof Blog

Cheng Lim Saw, Singapore Management University School of Law, ha spublished Implications of Reposting Copyright Material Online and Svensson Distinguished in CJEU Judgment: Land Nordrhein-Westfalen v Dirk Renckhoff at 30 Singapore Academy of Law Journal 1126 (2018). Here is the

At TECHSHOW, Orion Is Releasing Major Enhancements To Its Financial and Practice Management Software

Media Law

At ABA TECHSHOW in Chicago this week, Orion Law Management Systems is officially launching the latest version of its Orion financial and practice management software, a ground-up rebuild that retains much of the product’s look and feel but that introduces hundreds of new features and improvements to both the Orion desktop and iOrion mobile platforms. The Atlanta, Ga., company says its Orion 5 is a significant leap forward for its technology, including major enhancements for prebilling, conflict avoidance, and tracking and reporting, as well as iOrion integrations with major map and rideshare applications. The updates are free to all Orion maintenance customers, who will be able to request the upgrade starting March 4. In business since 1985, Orion is a full-featured financial management, firm management and practice management system designed for mid-sized law firms. Whereas many practice management systems for smaller firms operate via the cloud, Orion is a locally installed system that is able to integrate with a firm’s back-office infrastructure and front-office tools. Its last major revision, version 4, was released in 2005, although it has been continuously updated over the years. The company’s iOrion product, introduced in 2013, is a mobile application for iOS and Android devices that provides on-the-go integration with Orion’s desktop application and access to many of Orion’s features, including timekeeping, expense tracking, contacts, matters, appointments, tasks and more. (See my previous posts about iOrion here and here.). ePreBill Manager on the desktop, showing the summary tab view. A major feature of Orion 5 is the new Orion ePrebill Manager , which was officially launched at Legaltech New York a month ago. ePrebill Manager provides a complete electronic workflow system for managing the prebilling process. The purpose is to allow firms to eliminate paper from their prebill process by providing tools to digitally route, review, edit, markup, accept and finalize invoices, as well as to track write-downs and realization figures. The system provides a full audit trail showing who made what changes, when and why. The system shows edits from all participants. Attorneys can view annotations by individual, then filter what is displayed to only include prebills that were edited. Because all edits are tracked as annotations, the original information is maintained so any change can be rolled-back or applied by the billing administrator with a single click. A list of unreviewed bills in iOrion on an iPad. ePrebill Manager is also available in iOrion 5, so attorneys can review prebills while away from their desks. Other major features and enhancements in Orion 5 include: Conflicts search results in a matter intake. Conflict avoidance and client/matter intake enhancements. Because conflicts checking can be a tedious and high-risk process, Orion has added new functionality to its intake and conflict avoidance system to make the process more efficient. Users can now easily copy and paste names, aliases and relationships directly into the matter intake form or import them from an external text file. Orion’s conflicts search scope has been expanded to include prospective clients and related parties. Once the names have been added, a conflicts search can be conducted directly from within the matter intake window. Formal searches conducted during a lateral hire are also incorporated. Setting up attorney assignments for a matter. Attorney assignment history tracking and reporting. In order to give law firms greater specifics in revenue-related record-keeping for attorney assignments. Orion 5 now lets users assign an effective date for the persons on a matter designated as originating attorney, managing attorney, project manager and responsible attorney. Originating and project manager field assignments can be split and their evolving roles can be tracked over time. Revenue-related reports now allow you to view the histories of assignments and effective dates for greater transparency and more accurate chronologies of events. Setting up reserved words. Reserved word enforcement for e-billing. Orion integrates with many e-billing tools and has now made these integrations stronger by expanding its billing guidelines management with Reserved Words Enforcement. Users assign a reserved word set to a particular matter and, as a fee description is entered, the entry is scanned for words, phrases and punctuation that have been red-flagged by the e-billing software. Disallowed language can then be automatically replaced or manually corrected. Users can create a single set of reserved words or different sets for different clients. This tool can also be used in the Prebill Manager to review all prebills or in the Bill Preparation stage, and can be applied globally or only against a specific client. Adding work location to a fee entry. Work location tracking and reporting. Orion 5 allows users with multiple offices and work locations to track the location in which a service was rendered as part of each fee or time entry. This can be useful for firms that need to withhold income tax for employees that work for periods of time in a state other than where they reside. iOrion now allows users to request rideshares and get map directions. iOrion 5 integration with maps and rideshare apps. iOrion is a complete financial management mobile app allowing legal professionals to access data from Orion using any recent-model Apple iOS or Google Android device. iOrion 5 adds the ability for users to request a rideshare using Uber or Lyft as well as get directions using Apple Maps, Google Maps and Waze.

Law Firm Wilson Sonsini Launches Subsidiary to Develop Consumer-Facing Tech Products

Media Law

The law firm Wilson Sonsini today announced the launch of SixFifty , a software subsidiary that will develop automated tools designed to make legal processes more efficient and affordable for individuals, small businesses and emerging companies.

Alternative Legal Service Company Axiom Prepares for IPO; Spins Off Two Companies

Media Law

Major news today regarding the alternative legal services provider Axiom : the company has taken steps to prepare for an initial public offering and, separately, has spun off two companies as separate entities. Axiom said today that it has confidentially submitted a draft registration statement on Form S-1 with the Securities and Exchange Commission relating to the proposed initial public offering of its common stock.

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Not All Bots Are Created Equal

Music Technology Policy

Article 13 Uncategorized Useful idiots


LawNext Episode 29: Baker McKenzie’s Jae Um and Casey Flaherty on BigLaw Innovation

Media Law

In January, the world’s largest law firm, Baker McKenzie , announced that it had hired two leading thinkers on legal innovation, Jae Um and D. Casey Flaherty , to help the firm “enhance and reimagine the delivery of legal services to global clients.” They join a team led by David Cambria , who last year left Fortune 50 company Archer Daniels Midland to become the firm’s global director of legal operations.