December, 2018

Happy Holidays!

Gordon P. Firemark

- - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Happy Holidays! originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P. Firemark - Los Angeles Entertainment Lawyers - Theatre, Film, TV & New Media. Entertainment Law

YouTube Recruits Children to Lobby Against Article 13

Music Technology Policy

No one should be surprised that Google and Facebook are now recruiting children for their lobbying campaign against copyright reform in Europe. They’re using an old pimp’s scare tactic–get them addicted and then threaten to cut them off.

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Fourth Circuit Affirms Lower Court Ruling Finding In Favor of Defendants in "Under the Gun" Defamation Lawsuit

Media Law Prof Blog

The Fourth Circuit affirmed the lower court in Virginia Citizens Defense League et al., Katie Couric et al., a defamation case involving the documentary "Under the Gun." In that case, the plaintiffs alleged that the creators of the film

Deadline Is Tomorrow, 12/28, To Vote For Startups To Attend ABA TECHSHOW Startup Alley

Media Law

The deadline is tomorrow, Dec. 28, at 11:45 p.m. Eastern time, to vote for the legal tech startups that will get to participate in Startup Alley at ABA TECHSHOW.

Locational Tracking on iOS and Android Devices: Check the Platform’s Rules!

New Media and Technology Law

This post discusses some of the contractual requirements imposed by Apple and Google regarding the collection and sharing of locational information. What consents, if any, do Apple and Google require that app publishers obtain before collecting and using locational information?

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Opinion | None of Us Deserve Citizenship - The New York Times

Communications And Entertainment Law Blog

"On what moral grounds can we deny others rights, privileges and opportunities that we did not earn ourselves?

2018 – That’s a Wrap! – Entertainment Law Update Episode 104

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. FOLLOW UPS AA GETS ITS COPYRIGHT PROTECTION SATANIC TEMPLE AND NETFLIX SETTLE NIANTIC’S POKEMON GO SETTLES RE-DIGI: APPEALS COURT SAYS NO TO DIGITAL RE-SALES.

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Gould on Whether the "Hate" In Hate Speech Is the "Hate" In Hate Crime @rrgould

Media Law Prof Blog

Rebecca Gould, Islamic World & Comparative Literature, College of Arts & Law, University of Birmingham; Harvard University - Davis Center for Russian and Eurasian Studies is publishing Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and

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As Thomson Reuters Readies Layoffs of 3,200, What’s It Mean for Customers?

Media Law

Thomson Reuters, the dominant provider of research and information services for the legal profession, last week announced plans to reduce its workforce by 3,200 and close 30 percent of its offices by the end of 2020. What is going on and what does it mean for the company’s customers?

Reflections on the TechLaw Issues of 2018…and a Look Forward. Will 2019 Be a Year on the Edge, in the Fog, or Maybe Just in the Cloud?

New Media and Technology Law

Yes, it’s time for the end-of-year blog post – a look back at interesting issues of 2018 and a look forward to what we see coming down the pike in the new year. The Look Back. In the past year, blockchain buzz was everywhere. Although still early, blockchain has in fact began to show promise as a technology bringing efficiency and cost reduction to many business operations.

Va. 6th District Rep. Goodlatte Blocking Bill Aimed at Helping A - WVIR NBC29 Charlottesville News, Sports, and Weather

Communications And Entertainment Law Blog

FARGO, N.D. (AP) AP) - A departing Republican congressman from Virginia who's blocking a bill by a departing senator from North Dakota intended to help abused Native American women says the measure is unfair to law enforcement. Virginia Rep.

Time Magazine Awards Journalists in Harm’s Way Person of the Year Award – What Are You Doing to Keep Your Broadcast Employee’s Safe?

Broadcast Law Blog

Yesterday, it was announced that Time Magazine had awarded its person of the year award to “the Guardians” – journalists around the world who risk their lives to bring us the news each day. Most broadcasters don’t think of their on-air personnel as facing the same risks as journalists in war zones or facing imprisonment for reporting stories that certain governments don’t want reported.

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Boaty McBoatface Uses Fight For the Future Dialer Tool to Lobby Rand Paul on HR 1695 from…Scotland

Music Technology Policy

We’ve said for years that Google shills use a variety of dodges to create the impression of grass roots support among legislatures–when it really isn’t there.

Goldman and Ziccarelli on Emojis and IP Law @ericgoldman @IPwithGZ

Media Law Prof Blog

Eric Goldman and Gabriella Ziccarelli, both of Santa Clara University School of Law, have published Emojis and Intellectual Property Law. Here is the abstract. Everyone loves emojis, and why not? They are a fun and an increasingly ubiquitous way for

Evisort’s New Document Analyzer Offers Out-of-the-Box AI to Mine All A Company’s Contracts

Media Law

Evisort might just be the hottest legal tech and AI company you’ve never heard of.

FCC Approves Rule That Would Permit Cable Providers to Send More Notices via Email

New Media and Technology Law

In an effort to modernize communications, the Federal Communications Commission (“FCC”) decided to allow cable operators to deliver general subscriber notices required under so-called Subpart T rules (47 CFR §§ 76.1601 et seq.) to verified customer email addresses. This decision was announced through a Report and Order on November 15, 2018.

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Opinion | Portraits From a Caravan - The New York Times

Communications And Entertainment Law Blog

"Has any other word in 2018 been as responsible for so much as “caravan”? By definition, a caravan is a company of people traveling through a hostile region. You travel in a caravan for protection. When you feel powerless, traveling in a group gives you some sense of power.

Playing Music in Bars and Restaurants – Cautions When Allowing Broadcast Stations to Play in Retail Outlets

Broadcast Law Blog

Yesterday, I noted a news story about a bar that stopped hosting live music when it was hit with a lawsuit by BMI because it had not paid royalties for its use of music. The issue of music in bars and restaurants also came up in a continuing legal education seminar on music licensing that I moderated the week before last.

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European Creative Community Unites Against Google and Facebook and Calls on EU Lawmakers to Stop Big Tech’s End Run Around the Value Gap Solution in Article 13

Music Technology Policy

[We don’t often reprint other people’s letters, but this one on closing the value gap in Europe is crucial. No surprise, Google and Facebook are pushing back hard with all their multinational corporate lobbying power.

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New From LSU Press: Eric P. Robinson, Reckless Disregard: St. Amant v. Thompson and the Transformation of Libel Law @lsupress

Media Law Prof Blog

Newly published: Eric P. Robinson, University of South Carolina, has published Reckless Disregard: St. Amant v. Thompson and the Transformation of Libel Law (LSU Press, 2018). Here, from the publisher's website, is a description of the book's contents. In the

Announcing the Winners of the 2019 ABA TECHSHOW Startup Alley Competition

Media Law

Drum roll please. We’ve been counting readers’ votes to select the 15 legal technology startups that will get to participate in the third-annual Startup Alley at the American Bar Association’s TECHSHOW conference, which is Feb. 27 to March 2, 2019, in Chicago. Voting ended Friday night and now we are pleased to announce the winners.

The Article 13 Trialogue and Google’s Magic Grits

Music Technology Policy

VINNY. Perhaps the laws of physics cease to exist on your stove! Were these magic grits? I mean, did you buy them from the same guy who sold Jack his beanstalk beans?

Google Goes After Children as Lobbyists: What is to be done?

Music Technology Policy

My 13 year old son tried to convince me that Article 13 is horrid & that I should do my best as a musician's rights advocate to make sure it doesn't pass. I didn't fall for it. YouTube Recruits Children to Lobby Against Article 13 [link] … via @musictechpolicy. — Karoline Kramer (@RadioCleveKKG) December 3, 2018.

Zoë Keating Gives More Evidence of the Streaming Hyper-Efficient Market Share Royalty Headlock on Indie Artists #irespectmusic

Music Technology Policy

In 2018 my music was listened to on Spotify for 190k hours by 241,631 people. Those 2,252,293 streams netted me $12,231, which is 39.2% of my annual rent. If you love the music please consider going to a show or supporting my work directly at [link]. Thank you! pic.twitter.com/2V6gaAE80O.

Fair Winds and Following Seas All the Way Home

Music Technology Policy

The Bonin Islands are about 500 miles due South of Tokyo, Japan and about 700 miles due East of the island of Okinawa.

$5k for the Grammys with Nadler and Jeffries? Check out Google’s WHCD party

Music Technology Policy

Somebody started whinging about a campaign email for a $5000 ticket to go to the Grammys with Reps. Jerry Nadler and Hakim Jeffries like this is some booga booga sign of corruption and influence peddling. (And

Puaschunder on Dignity and Utility of Privacy and Information Sharing in the Digital Big Data Age @TheNewSchool

Media Law Prof Blog

Julia M. Puaschunder, Harvard University; New School for Social Research; Columbia University; Princeton University; George Washington Center for Internaitonal Business Education and Research; has published Dignity and Utility of Privacy and Information Sharing in the Digital Big Data Age.

Hudson on Justice Kennedy and the First Amendment @BelmontLaw

Media Law Prof Blog

David L. Hudson, Jr., has published Justice Kennedy and the First Amendment at 9 Houston Law Review Off the Record 49 (2019). Here is the abstract. This essay reviews some of Justice Anthony Kennedy’s most significant contributions to First Amendment

Kahn on Free Speech, Official History, and National Politics

Media Law Prof Blog

Robert Kahn, University of St. Thomas School of Law (Minnesota), has published Free Speech, Official History and Nationalist Politics: Toward a Typology of Objections to Memory Laws as U of St. Thomas (Minnesota) Legal Studies Research Paper No. 18-25.

The Woman Who Published, and Signed, the Declaration of Independence

Media Law Prof Blog

From Smithsonian Magazine, a piece about Mary Katherine Goddard, the newspaper publisher who printed and signed the Declaration of Independence in January 1777. She also served as postmaster of Baltimore, until the first Postmaster General appointed a man instead

Time Magazine's Person of the Year: The Journalists Who Seek Out, and Speak Truth

Media Law Prof Blog

Time Magazine has named its person of the year: journalists, whom it has described as the guardians who speak out about truth, all around the world. Here's a link to the magazine's cover story on them, and on what Time

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Shapira on How the Legal System Facilitates Investigative Journalism

Media Law Prof Blog

Roy Shapira, Stigler Center, University of Chicago Booth School of Business; Interdisciplinary Center, is publishing Law As Source: How the Legal System Facilitates Investigative Journalism in volume 37 of the Yale Law & Policy Review. Here is the abstract. Legal

Long on Copyright Reform in the 21st Century: Adding Privacy Considerations Into the Normative Mix

Media Law Prof Blog

Doris Estelle Long, John Marshall Law School, is publishing Copyright Reform in the 21st Century: Adding Privacy Considerations into the Normative Mix in Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation with Flexibility (ANU Press 2018). Here is the

Call For Applications: Investigative Fellowship at Leonard C. Goodman Institute For Investigative Reporting @inthesetimesmag

Media Law Prof Blog

From the mailbox: In These Times' Leonard C. Goodman Institute for Investigative Reporting is accepting applications for our 2019-2020 investigative fellowship. We are looking for established investigative reporters and rising stars who require support and resources to report on issues

Copyright Office Issues Interim Rule for MLC Applications Including Oversight of MLC Board by Librarian of Congress

Music Technology Policy

The U.S. Copyright Office issued an interim rule for comment that lays out an intricate and well thought out approach to the Register’s role in designating the Mechanical Licensing Collective and the Digital Licensee Coordinator under Title I of the Music Modernization Act.

Dell on Fake News, Alternative Facts, and Disinformation: The Importance of Teaching Media Literacy To Law Students @TTV_Law

Media Law Prof Blog

Marin Dell, Texas Tech University School of Law, has published Fake News, Alternative Facts, and Disinformation: The Importance of Teaching Media Literacy to Law Students. Here is the abstract. Like legal education, media literacy education teaches critical thinking skills. Students

Geiger and Izyumenko on Freedom of Expression as an External Limitation to Copyright Law in the EU @ElenaIzyumenko

Media Law Prof Blog

Christophe Geiger and Elena Izyumenko, both of the Université de Strasbourg - CEIPI, are publishing Freedom of Expression as an External Limitation to Copyright Law in the EU: The Advocate General of the CJEU Shows the Way in the European

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