August, 2019

The Trouble with Tunes – approaches to using music in podcasts (Podcast Movement 2019)

Gordon P. Firemark

Thursday afternoon, I'll be presenting my talk at Podcast Movement in Orlando.

MUST READ: @myemuisemo Gives PledgeMusic’s Public Financials A Microbial Scrub

Music Technology Policy

I commend to you the fantastic and detailed analysis of PledgeMusic’s open source financials created by Eilonwy’s emu (@myemuisemo) that is a real eye opener. Read her post “ Plunging into PledgeMusic’s Financial Statements ” on her site Myemuisemo.

Trending Sources

Goldman on The U.K. Online Harms White Paper and the Internet's Cable-ized Future @santaclaralaw @ericgoldman

Media Law Prof Blog

Eric Goldman, Santa Clara University School of Law, is publishing The U.K. Online Harms White Paper and the Internet’s Cable-ized Future in the Ohio State Tech L.J. Here is the abstract. In April 2019, the U.K. released a white paper

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#ILTACON19: Post-Mortem Notes, Musings and Observations

Media Law

Home now from ILTACON , the annual conference of the International Legal Technology Association. It is five frenetic days of seminars, exhibitors and networking by legal technologists and vendors from all over the world. Here are some of my somewhat-random thoughts about the event.

Bad News For Brand USA: America's Slice Of The Global Tourism Pie Keeps Shrinking

Communications And Entertainment Law Blog

" These are sobering times for the U.S. tourism industry. While international tourism is growing around the world, America’s slice of the pie has been shrinking. America’s share of the global travel market dropped from 13.7 percent in 2015 to just 11.7 percent in 2018, according to the U.S.

Facebook Shielded by CDA Immunity against Federal Claims for Allowing Use of Its Platform by Terrorists

New Media and Technology Law

In recent years, there have been a number of suits filed in federal courts seeking to hold social media platforms responsible for providing material support to terrorists by allowing members of such groups to use social media accounts and failing to effectively block their content and terminate such accounts.

Gordon Firemark named among the Best Lawyers in America

Gordon P. Firemark

Entertainment Attorney Gordon Firemark. For the fourth year in a row, Gordon Firemark has been selected by his peers for inclusion in The Best Lawyers in America for his work in Entertainment Law – Theater. “I'm grateful for this recognition.

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Can Public Officials Block Critics on Their Social Media Accounts?

Media Law Prof Blog

First Amendment Watch surveys the legal landscape: Can Elected Officials Block Critics On Their Social Media Pages? Some cases of interest: Knight First Amendment Institute v. Trump The Bonnen lawsuit (Texas) Davison v. Loudoun County Board of Supervisors More discussion

Utah Supreme Court Votes to Approve Pilot Allowing Non-Traditional Legal Services

Media Law

The Utah Supreme Court voted unanimously yesterday to approve the recommendations of a work group that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.”.

Relaxing With Nature, A Good Way To Spend A Holiday Weekend

Communications And Entertainment Law Blog

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Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and Notification Tools Do Not Make Social Site the Developer of User Posts

New Media and Technology Law

In the swirl of scrutiny surrounding the big Silicon Valley tech companies and with some in Congress declaiming that Section 230 of the Communications Decency Act (CDA) should be curtailed , 2019 has quietly been an important year for CDA jurisprudence with a number of opinions enunciating robust immunity under CDA Section 230.

Dark Horses, Study Guides & Supertitles

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 www.entertainmentlawupdate.com/112. Here's what we talked about. KATY PERRY LOSES DARK HORSE CASE . Gigi Hadid beats Instagram copyright lawsuit . Narkiewicz-Laine v. Doyle (Stored Artwork destroyed by landlord) . KAUFFMAN V.

PledgeMusic Disclosures Would Bring Sunlight to Fans and Artists and @InsolvencyGovUK

Music Technology Policy

There appears to be some unusual statements regarding the unusual PledgeMusic liquidation bankruptcy currently underway in the UK involving at least one of the Pledge companies, PledgeMusic.com Limited.

Sander on Freedom of Expression in the Age of Online Platforms @Barrie_Sander

Media Law Prof Blog

Barrie Sander, FGV School of International Relations, has published Freedom of Expression in the Age of Online Platforms: Operationalising a Human Rights-Based Approach to Content Moderation. Here is the abstract. In today’s digital public sphere, individuals have little choice but

With New ‘Opinion Minion’ App, Point Your Phone At A Cite, Get the Case

Media Law

A new app called Opinion Minion uses your mobile phone’s camera to read case citations and then deliver you the opinion from Google Scholar.

Trump administration changing citizenship rules for some children of US.

Communications And Entertainment Law Blog

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Recent Rulings Highlight Limits of CDA Immunity in Products Liability Cases against E-Commerce Platforms

New Media and Technology Law

In early July, an appeals court ruled that Amazon should be considered a “seller” of goods under Pennsylvania products liability law and subject to strict liability for consumer injuries caused by the defective goods sold on its site by third-party vendors. Oberdorf v. Amazon.com , No. 18-1041 (3 rd Cir. July 3, 2019)).

The Time to Hesitate is Through: Amazon’s Thievery Requires Decisive Action

Music Technology Policy

Emmanuel Legrand reports in his excellent newsletter that: Music industry trade group the Recording Industry Association of America (RIAA) has asked the US government for tougher measures against infringers, in particular in the online marketplace.

Must Read Guest Post by @kerrymuzzey: YouTube’s Latest Deceptive Tactic

Music Technology Policy

Pandora’s Answer in Wixen v. Pandora (Lyricfind): Can you ever find what you don’t look for?

Music Technology Policy

Remember Wixen Music Publishing sued Pandora over Lyricfind’s purported license for song lyrics. The case is being heard in Los Angeles before District Judge Stephen V. Wilson. (If that name rings a bell, he was the trial judge in Metro-Goldwyn-Mayer Studios, Inc. Grokster.).

Artist Glossary of Industry Terms: Re-Recording Restrictions

Music Technology Policy

If you’ve been following the Taylor Swift situation with her former label, you’ve probably seen the unsurprising news that Taylor plans to re-record some or all of her prior catalog. This raises the issue of the customary “re-recording restriction” and “re-producing restriction” found in artist and producer agreements respectively.

Irving Azoff and Other Top Managers and Artists form the Music Artists Coalition

Music Technology Policy

We have entered an era where Big Tech controls the purse strings for the Mechanical Licensing Collective.

Fifty Ways To Litigate Star Trek Issues @dkluft

Media Law Prof Blog

This post, originally published at the Trademark & Copyright Law Blog.by David Kluft, is a little dated, but it's entertaining. Fifty ways to litigate Star Trek issues! Maybe he'd be willing to update? There's a Star Trek: Discovery plagiarism lawsuit

Reply from the UK Insolvency Service on PledgeMusic Debacle

Music Technology Policy

We got the first straight answer that we’ve ever heard about PledgeMusic. This is from the UK Insolvency Service regarding the PledgeMusic debacle in response to my tweet yesterday: We really appreciate the Insolvency Service taking the time to respond so quickly

@musictechsolve: Vote for Creator and Startup Licensing Education at SXSW

Music Technology Policy

Deadline for SXSW Panel Picker is today! Please vote for my creator and startup licensing panel at SXSW.EDU. If the latest Spotify litigation shows anything it’s the importance of licensing education. Click Here to Vote on Panel Picker.

District Court Dismisses Arpaio Defamation Suit Against New York Times

Media Law Prof Blog

The U.S. District Court for the District of Columbia has dismissed Joe Arpaio's defamation suit against the New York Times. In a short ruling, Judge Amit P. Mehta held that the plaintiff failed to allege sufficient facts "that plausbily establish

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Three Issues @HawleyMO Should Address in his Anti-Social Media Addiction Bill

Music Technology Policy

Senator Josh Hawley recently introduced the The Social Media Addiction Reduction Technology (SMART) Act which is legislation to go after social media addiction.

How to Contact the Court in PledgeMusic Case–The Trichordist

Music Technology Policy

PledgeMusic had posted this information on their website when we checked today: As a result of the making of the order, the Official Receiver becomes liquidator of the company. Any enquiries should be forwarded to LondonB.OR@insolvency.gov.uk, quoting reference LQD5671373.

ABA Votes to Urge Legal Profession to Address Emerging Legal and Ethical Issues of AI

Media Law

The American Bar Association’s House of Delegates, its policy-making body, voted this week to approve a resolution urging courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial intelligence in the practice of law.

The Most Effective Tech Tools for Lawyers? New Survey Says they Ain’t What You Think

Media Law

What technology tools rank most important to lawyers in driving efficiency? Given all the hype these days around artificial intelligence, it must be at or near the top of the list, right? Actually no.

Casemaker Partners with Tracers to Provide Public Records Searching

Media Law

The legal research service Casemaker has entered into a partnership with the public records search service Tracers to offer its users access to public records at a discounted price. Casemaker subscribers who wish to search public records will not do so within Casemaker.

Hombres Good and Bad: Why Did SEC Allow Cloudflare to IPO?

Music Technology Policy

Cloudflare describes itself in its IPO documents ( Form S-1 ): We have built a global cloud platform that delivers a broad range of network services to businesses of all sizes and in all geographies… What Cloudflare doesn’t tell you is that it is also the Internet provider of choice for a host (no pun intended) of unsavory and in some cases likely entirely illegal businesses that use its platform for bad stuff. How to they get away with it?

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Abraham and White on First Amendment Imperialism and the Constitutionalization of Tort Liability @UVALaw

Media Law Prof Blog

Kenneth S. Abraham and G. Edward White, both of the University of Virginia School of Law, are publishing First Amendment Imperialism and the Constitutionalization of Tort Liability in the Texas Law Review. Here is the abstract. To what extent does

LawNext Episode 48: ROSS Intelligence Founders Andrew Arruda and Jimoh Ovbiagele

Media Law

On this episode of LawNext, I travel to Toronto to sit down for a live recording with the founders of the AI-driven legal research platform ROSS Intelligence , CEO Andrew Arruda and CTO Jimoh Ovbiagele.

Citron on Cyber Mobs, Disinformation, and Death Videos @daniellecitron

Media Law Prof Blog

Danielle Keats Citron, Boston University of Law, is publishing Cyber Mobs, Disinformation, and Death Videos: The Internet As It Is (And As It Should Be) in the Michigan Law Review (forthcoming). Here is the abstract. Fiction and visual representations can

Conference, Yale Law School: ACC2019: Accountability in Partisan Times, October 4-5, 2019 @YaleLawSch

Media Law Prof Blog

CFP: AALS Section on Defamation and Privacy

Media Law Prof Blog

Call for Papers AALS Section on Defamation and Privacy The AALS Section on Defamation and Privacy invites submissions for papers for a session titled “Social Media Content Moderation and the Future of Free Speech,” which will take place in January