November, 2018

Do this for your business before the holidays get in the way.

Gordon P. Firemark

Thanksgiving, and the Winter holiday chaos that ensues are just around the corner. Once they arrive, most non-retail businesses can expect things to go into a sort of “standby” mode until after the new year. the entertainment industry, in particular, goes pretty quiet at this time of the year. A few to-dos. So, before the holidays really start getting in the way, here are a few to-do items you might consider to make sure your business hits the ground running in the New Year.

The Ethical Pool Future: Will Fans Cut the Cord to Big Streaming Services if Artists Leave?

Music Technology Policy

Everybody knows that the boat is leaking. Everybody knows that the captain lied… From Everybody Knows by Leonard Cohen.

Keller on Internet Platforms: Observations on Speech, Danger, and Money @daphnehk @StanfordCIS

Media Law Prof Blog

Daphne Keller, Stanford Law School Center for Internet and Society, has published Internet Platforms: Observations on Speech, Danger, and Money as Hoover Institution's Aegis Paper Series; 1807 (2018). Here is the abstract. Policymakers increasingly ask Internet platforms like Facebook to

‘Context,’ Launching Today from LexisNexis, Applies Unique Analytics to Judges and Expert Witnesses

Media Law

A legal analytics product being launched today by LexisNexis does something no other analytics product does: It analyzes the language of specific judges’ opinions to identify the cases and arguments each judge finds persuasive.

Buzzfeed News profiles Marc Randazza and explores his high-profile, controversial cases

The Legal Satyricon

Marc Randazza, the lawyer working to protect First Amendment rights of people spewing socially undesirable speech, recently opened up to Buzzfeed News about his devotion to the First Amendment and how representing neo-Nazis, trolls, and Satanists helps him uphold what he believes is one of the most important ideals this country was founded upon. The […]. ethics First Amendment free speech internet law law practice misc

Lies, lies and more lies: This is not how innocent people act - The Washington Post

Communications And Entertainment Law Blog

" Imagine for a moment that President Trump is right when he claims there is, in fact, no Russia scandal — because the entire thing is a hoax, a fraud, a witch hunt — and that neither he nor any of his family members, employees, or associates did anything wrong.

Motorcycles, Satanic Sculptures, and Girl Scouts, Oh My! – Entertainment Law Update Episode 103

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. 9th CIRC. DENIES CBS A REHEARING in Pre ‘72 Recordings Case. AMERICAN AIRLINES LOGO DENIED COPYRIGHT PROTECTION. PSA: MISCHIEF IN THE TRADEMARK SERVERS. STURGIS MOTORCYCLES V RUSHMORE PHOTO & GIFTS.

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Sheff on Philosophical Approaches To Intellectual Property Law Scholarship @jnsheff

Media Law Prof Blog

Jeremy N. Sheff, St. John's University School of Law, is publishing Philosophical Approaches to Intellectual Property Law Scholarship in Handbook on Intellectual Property Research (Irene Calboli & Maria Lillà Montagnani, eds., Oxford University Press) (Forthcoming). Here is the abstract.

Offering Flat-Fee, Limited-Scope Legal Help, New Site Sounds Like Avvo Legal Services, But with Key Differences

Media Law

In July, six months after acquiring Avvo , Internet Brands said it was shutting down Avvo Legal Services , the controversial program that provided fixed-fee, limited-scope legal services through a network of attorneys and that had raised the ire of many an ethics regulator.

December Regulatory Dates for Broadcasters – EEO Reports, December FCC Meeting and Getting Ready for New Years’ Obligations

Broadcast Law Blog

While the holidays may be upon us, there is no rest in the broadcast regulatory world. December 1 brings routine EEO public file report obligations for radio and television station employment units with 5 or more full-time employees for stations located in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont.

President Donald Trump Thinking Of Damage Control Instead Of The G20 | V.

Communications And Entertainment Law Blog

52

Illinois Supreme Court To Decide Scope of Illinois Biometric Privacy Law

New Media and Technology Law

On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company’s technical violation of the Illinois Biometric Information Privacy Act (“BIPA”) is sufficient to confer standing or whether a plaintiff must allege actual harm resulted from the violation. Rosenbach v. Six Flags Entertainment Corp. et al., 123186) ( prior decision ).

Save the Date: Nov. 28 Music Modernization Act at the Dallas Bar Association

Music Technology Policy

If you’ll be in Dallas, Texas on November 28, I will be discussing the Music Modernization Act at a luncheon sponsored by the Dallas Bar Association Entertainment & Sports Law Section. The meeting is scheduled for noon at the Belo Mansion, 2101 Ross Avenue in Dallas. The talk will focus mostly on the Music Licensing Collective and Digital Licensee Coordinator in Title I, but will also cover the Wyden Loophole in Title II for pre-72 recordings.

Rieger on Digitizing the Schoolhouse Gate @UFLaw

Media Law Prof Blog

Joshua Rieger, University of Florida College of Law, has published Digitizing the Schoolhouse Gate: Protecting Students' Off-Campus Cyberspeech by Switching the Safety on Tinker's Trigger at 70 Florida Law Review 695 (2018). Here is the abstract. Secondary-school students regularly engage

GC Are Typically White, Middle-Aged Men Living in California Who Earn Over $400K

Media Law

There are some 113,000 general counsel in the United States, but a statistical analysis being released today suggests that they are surprisingly homogeneous. The typical GC is male, between 35 and 54 years old, probably attended Harvard Law, and is most likely based in California or New York.

Just Seven Months to the Beginning of the License Renewal Cycle – Is Your Station Ready?

Broadcast Law Blog

As we have written before, the next license renewal cycle begins on June 1, 2019 , with radio stations in Maryland, Virginia, West Virginia and the District of Columbia submitting their applications. Radio renewals proceed in with applications every other month from a state or group of states (the schedule is available on the FCC website here ). TV renewals begin a year later – in the same state-by-state order.

Toobin: First day I thought Trump may not finish term

Communications And Entertainment Law Blog

52

Defend Trade Secrets Act Claims Subject to CDA Section 230 Immunity

New Media and Technology Law

In what is one of the most recent attempts to circumvent the immunity provided in Section 230 of the Communications Decency Act (“CDA” or “CDA Section 230”), the United States District Court for the District of Massachusetts made it clear that claims brought under the Defend Trade Secrets Act (18 U.S.C. §§ 1836, et seq.) (“DTSA”) are not exempt from the scope of CDA immunity. In Craft Beer Stellar, LLC v. Glassdoor, Inc. , 18-10510, 2018 U.S. LEXIS 178960 (D.

The TAZ, Pirate Utopias and YouTube’s Obsession with Safe Harbors

Music Technology Policy

“[A]s you begin to act in harmony with nature the Law garottes & strangles you – so don’t play the blessed liberal middleclass martyr – accept the fact that you’re a criminal & be prepared to act like one.” ” Hakim Bey from “ T.A.Z.: The Temporary Autonomous Zone, Ontological Anarchy, Poetic Terrorism”.

Call for Papers: 2019 University of Massachusetts Law Review Roundtable Symposium on Law and Media

Media Law Prof Blog

From the mailbox: The UMass Law Review has issued the following call for papers. Download the call in PDF here, and please share it with any interested scholarly communities. UNIVERSITY OF MASSACHUSETTS LAW REVIEW CALL FOR SYMPOSIUM PAPERS AND PRESENTATIONS

This Blog’s 16th Birthday is Sweet Indeed

Media Law

After 16 years, I guess I’m finally eligible to get my blogger learner’s permit. It was 16 years ago this week, on Nov. 19, 2002, that I launched this blog. The original purpose was to “post news and reviews of Web sites of interest to the legal profession.” ” Since then, I’ve expanded to cover legal technology generally, including social media and ethics. I’ve had some companies tell me this blog was responsible for launching their sales.

Podcaster Sued for Copyright Infringement for Using Music without Permission – Remember ASCAP, BMI and SESAC Licenses Don’t Cover All the Rights Needed for Podcasting

Broadcast Law Blog

It was news earlier this week when a company that promotes poker was sued by one of the major record labels and publishing companies for the use of music in podcasts without permission. As we have written before (see, for instance, our articles here and here ), the use of music in podcasts requires a license from the copyright holder of both the musical composition and the recorded performance of the music (usually, for popular music, a publishing company and a record label).

"Trump In Prison In A Year?"

Communications And Entertainment Law Blog

52

“Cyberattack” Campaign That Purportedly Flooded YouTube Channel with “Dislikes” Not a CFAA Violation

New Media and Technology Law

A recent dispute between an advertiser AXTS Inc. AXTS”) and a video production company GY6vids (“GY6”) produced an interesting issue involving the federal Computer Fraud and Abuse Act (CFAA) – that is, whether an entity that allegedly overloaded another company’s YouTube channel content with a flood of “dislikes” following a contractual dispute is liable under the CFAA for accessing a protected computer “without authorization.” ( AXTS Inc. GY6vids LLC , No. 18-00821 (D. 24, 2018)).

Preserving the Bond

Music Technology Policy

France can be deceptively cold and really rather miserable in the late fall. This can be particularly true of the French mountains and the Vosges Mountains are no exception.

Geiger, Frosio, and Bulayenko on The EU Commission's Proposal To Reform Copyright Limitations @GCFrosio

Media Law Prof Blog

Christophe Geiger, Giancarlo Frosio, and Oleksandr Bulayenko, all of the University of Strasbourg, CEIPI, have published The EU Commission’s Proposal to Reform Copyright Limitations: A Good but Far Too Timid Step in the Right Direction at 40 European Intellectual Property

Just-Launched WindTalker Offers A Unique Approach to Document Encryption and Redaction

Media Law

Two months ago, I reported on a preview I’d seen of WindTalker , describing it as a document-security product unlike anything I’d seen. This week, WindTalker makes its formal debut, launching as a cloud-based content-security platform with an initial focus on the legal sector.

The Importance of Assessing the Safety and Security of Broadcast Stations and Their Personnel

Broadcast Law Blog

A topic not much discussed among broadcasters, but one that should be paramount in the future planning of all broadcast companies, is insuring the security of their stations and the safety of their employees. This is an issue on which all broadcasters should be focusing. Last month, the Wisconsin Broadcasters Association for the second time featured a panel at one of its conventions dealing with this topic.

Unlike Richard Nixon, Donald Trump Misconduct Piling Up In Full Public V.

Communications And Entertainment Law Blog

52

WSJ Article on Geolocation Data Highlights Risks for Fund Managers

New Media and Technology Law

Last week the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about 1,000 apps that fund managers use to predict trends involving public companies. However, as we’ve noted , the use of alternative data collection for investment research purposes may give rise to a host of potential issues under relevant laws.

What’s the Agenda at @TheAgenda?

Music Technology Policy

Google’s European charm offensive on “Article 13” has come to Canada in search of earned media. They got it last night on a previously-credible news show called The Agenda in the “ Struggling Artists and Copyright Rules ” episode. (For readers outside of Canada, the Agenda is one of the top news magazine television programs in Canada, hosted by the erudite Steve Paikin.).

Union 60

Wischmeyer on The German Network Enforcement Act 2017

Media Law Prof Blog

27 Additions to My List of Legal Tech Startups

Media Law

Here are 27 additions to my list of legal startups. This brings the list to 704 entries. Send additions and updates to ambrogi-at-gmail.com. To read more about this list and why I created it, see this post. Company. Description. Country. Status. A2J Tech Store. A social enterprise that builds technology to improve access to justice. Active. Avalex.

Agenda for FCC’s December Meeting – Start of Next Quadrennial Review of the Ownership Rules and Elimination of License Posting Requirement

Broadcast Law Blog

The agenda for the FCC’s December 12 open meeting is to be released today. As has become customary, the Chairman yesterday blogged about the issues to be considered at the meeting. For broadcasters, there are two matters of interest. The first will be the initiation of the next Quadrennial Review of the FCC’s ownership rules.

Michael Cohen pleads guilty, says he lied about Trump's knowledge of Mos.

Communications And Entertainment Law Blog

52

See SPOT Fall–Does the Decline of Spotify’s Stock Price Mean Anything? — Music Tech Solutions

Music Technology Policy

What’s happening with the Spotify stock price? Chris Castle argues that the main downward driver for SPOT is the market catching up to the Spotify inflated DPO price and its subsequent insider-heavy stock sales. via See SPOT Fall–Does the Decline of Spotify’s Stock Price Mean Anything?

New Belarusian Regulation Requires Posters To Identify Themselves

Media Law Prof Blog

Via Bloomberg News: a new Belarusian regulation now requires people to verify their identities before they can post comments on Internet sites. The rule takes effect December 1, 2018. More here