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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Article 13: Let the Investigations Begin

Music Technology Policy

It remains to be seen how the legislative process on Article 13 will play out but it’s very clear what the European Parliament’s next step is–investigate how American multinational corporations attacked a duly elected government.

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

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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"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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@SusanWojcicki Thanks YouTube “Creators” for Making Her Rich

Music Technology Policy

Article 13 YouTube Meltdown

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.

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

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

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.

Not All Bots Are Created Equal

Music Technology Policy

Article 13 Uncategorized Useful idiots


The MTP Podcast: Revenue? What Revenue? Don’t be fooled on royalty audits vs. financial audits

Music Technology Policy

BLANCHE. Whoever you are…I have always depended on the kindness of strangers. From A Streetcar Named Desire, by Tennessee Williams. From Highlights of Managing Change under the Music Modernization Act’s Mechanical Licensing Collective (footnotes omitted. A version of this article appears as How Will the Music Modernization Act’s Mechanical Licensing Collective Work? in 34 Entertainment Law & Finance 1 (No. 9, Dec. 2018.). Audits: Only the MLC may audit the blanket licensees.

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

Media Law

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.