July, 2020

Generic.coms, Lady A and more…

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/123. GENERIC.COM TRADEMARKS GRANTED LADY ANTEBELLUM VS. LADY A.

The Royal Scam: Content ID and Google’s Massive Profits From Piracy and Crime

Music Technology Policy

Google and YouTube have managed to create a scam that has gone largely undetected and largely unpunished for a decade–illicit activity that is both seen through the sale of advertising and unseen through data scraping in the background. It is rare for Google to get caught like they were with the massive multi-agency sting operation and grand jury investigation by the then-U.S. Attorney for Rhode Island that led to the $500,000,000 punishment and non prosecution agreement in 2011.

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Trending Sources

Report Out Today On ‘Zoom Courts’ Raises Privacy and Due Process Concerns

Media Law

As the coronavirus crisis closed off physical access to courthouses across the country, many federal and state courts pivoted to conducting their business remotely, including conducting hearings and even trials via videoconferencing and teleconferencing.

Baade on Not Calling a Spade a Shovel: Crucial Subtleties in the Definition of Fake News and Disinformation @B_Baade @FU_Berlin

Media Law Prof Blog

Björnstjern Baade, Freie Universität Berlin, has published Don’t Call a Spade a Shovel: Crucial Subtleties in the Definition of Fake News and Disinformation, published on Verfassungsblog, April 14, 2020. Here is the abstract. There is considerable agreement that false as

James Earl Jones Reads Frederick Douglass

Communications And Entertainment Law Blog


Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230

New Media and Technology Law

The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform.

ISP 52

Why Is TikTok Getting Banned? China’s National Intelligence Law

Music Technology Policy

There’s an easy answer to why TikTok has been banned in so many places and may well yet get banned in the US: China’s “ National Intelligence Law. ” China’s National Intelligence Law was enacted on June 27, 2017 and came into effect in July 2017. The National Intelligence Law is part of a portfolio of statutes (including the Cybersecurity Law) that gives the authoritarian Chinese Communist Party statutory authority that is unique in the world.

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More Trending

Stop Senator @RonWyden and Big Tech from Crushing Creators’ Hopes for S. 1273 the CASE Act

Music Technology Policy

Senator Ron Wyden (D-OR) is up to his old secret trickery, this time on Senate Bill 1273 the CASE Act. We need to do something about it. The CASE Act is the bipartisan copyright small claims legislation that is inches from becoming the law of the land. The CASE Act establishes the first and only meaningful relief against Big Tech for independent creators. The long-time Senator and swamp meister is the only Senator to oppose S. 1273 which comes as no surprise.

Spotify Gives “Corporate Royalty” a Whole New Meaning

Music Technology Policy

Sometimes the big money executives at corporations are referred to pejoratively as “ corporate royalty.” ” This is particularly true of those with “supervoting” stock that gives them absolute control over public corporations. The nauseating Daniel Ek caused Spotify to grant him supervoting stock according to public filings (that grant didn’t happen by itself).

Pandemic: NIVA and NITO Join Forces with Senators Cornyn and Klobuchar for the Save Our Stages Act

Music Technology Policy

In their first at bat in Washington, the National Independent Venue Association (NIVA) and the National Independent Talent Organization (NITO) have hit a home run. Way to go, sluggers! The two newly-created organizations have gotten two senior Senators to come together to co-sponsor the Save Our Stages Act. Senator John Cornyn (R-TX) and Senator Amy Klobuchar (D-MN)—two of the good guys–will be introducing the bill to help to protect the live music venues we know are about to be extinct.

Follow the Money: YouTube’s Failure to Pay Retroactively Gives “Conversion Rate” a Whole New Meaning

Music Technology Policy

One of the metrics one hears from the digerati is the term “conversion rate” which usually means the rate at which users of an ad-supported free service are “converted” to paying users, usually because they are so fed up with the advertising they are willing to pay. This was one of the many failed pitches from Spotify before people stopped trying to justify hanging on until the IPO riches flowed in.).

2016 Guest Post by @schneidermaria: Content ID is Still Just Piracy in Disguise: An Open Letter to Rightsholders and a Music Industry Ready to Renegotiate with a Monster

Music Technology Policy

[I’m very happy to report that Maria Schneider is leading a class action against YouTube filed July 2. If they’d just listened to her in this 2016 post on MTP. Maybe next time. In case you were wondering why music industry leaders don’t stand up to Google instead of giving them more safe harbors, she just did. If you read this post and then the class action complaint, it should sound familiar. Wakey, wakey.]. By Maria Schneider.

New ABA Report on the Profession Profiles Nation’s ‘Legal Deserts’ with Few or No Lawyers

Media Law

Even though the United States has more than 1.3 million lawyers, large swaths of the country have few or no lawyers. In fact, of the country’s 3,100 counties, 54 have not a single lawyer, and another 182 have just one or two lawyers.

In Poll, Legal Administrators Say Pandemic Changes Are Permanent

Media Law

“You can’t go home again,” novelist Thomas Wolfe famously wrote, and a recent poll of legal administrators suggests that is undeniably true for law firms in the era of COVID-19.

Mass. Online Bar Exam Results Will Be ‘Portable’ To Other States

Media Law

Aspiring lawyers who take the online Massachusetts bar exam in October will be able to use the results to seek admission in at least seven other jurisdictions.

Dahl on Intellectual Property: Ownership and Protection in a University Setting @PennLaw

Media Law Prof Blog

Cynthia Dahl, University of Pennsylvania Law School, is publishing Intellectual Property: Ownership and Protection in a University Setting in In Academic Entrepreneurship for Medical and Health Scientists (Nalaka Gooneratne, Rachel McGarrigle & Flaura Winston eds., 2019).

Belavusau on The Rise of Memory Laws in Poland: An Adequate Tool to Counter Historical Disinformation? @Ulad_Belavusau

Media Law Prof Blog

Uladzislau Belavusau, T. Asser Institute, University of Amsterdam; University of California, Berkeley, Berkeley Center on Comparative Equality & Anti-Discrimination Law, has published The Rise of Memory Laws in Poland: An Adequate Tool to Counter Historical Disinformation? at 29

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Applications Open For UVA Legal Fellowship, First Amendment Clinic, University of Virginia School of Law

Media Law Prof Blog

The First Amendment Clinic at the University of Virginia School of Law, in partnership with the Reporters Committee, is hiring a legal fellow for the 2020-2021 and 2021-2022 academic years. The expected start date is August 17, 2020. This is

Angelo on Krotoszynski's The Disappearing First Amendment

Media Law Prof Blog

Michael Conklin, Angelo State University, is publishing Disappearing Act: Are Free Speech Rights Decreasing? in the St. Mary's Law Journal for 2020. Here is the abstract. This is a critical analysis of Ronald J. Krotoszynski, Jr.’s s new book, The Disappearing

ABA TECHSHOW Reboots As Virtual Conference

Media Law

For more than three decades, an annual pilgrimage to Chicago in late winter or early spring has been de rigueur for aficionados of legal technology to attend the American Bar Association’s TECHSHOW , one of the oldest and most-venerable conferences focused on technology in law practice.

New for the Friday Journalists’ Roundtable: Register Once and Attend Every Week

Media Law

Our Legaltech Week Friday roundtable of legaltech journalists is back again this week, and now it is easier to attend. I’ve revised the registration page so that when you sign up to attend, you will be registered for each successive week’s roundtable.

Thomson Reuters Quietly Unveils Premium Legal News Service, But Is More To Come?

Media Law

Thomson Reuters yesterday introduced Westlaw Today , a premium legal news service driven by its Reuters news division and available only to subscribers of Westlaw and Westlaw Edge for an additional cost.

Managed Services Veteran Ed Sohn Leaves EY Law To Join Axiom Spin-Off Factor

Media Law

Ed Sohn , a veteran managed services executive who last year joined EY Law when it acquired Pangea3 from Thomson Reuters, has now joined Factor , the managed services company that spun off last year from legal services company Axiom , where he will serve as its head of solutions. After starting out as an attorney with King & Spalding in Atlanta, Sohn spent seven years as an executive with Pangea3 , the company that pioneered legal managed services and that Thomson Reuters acquired in 2010.

LexisNexis Launches An All-New Premium Legal Research Service

Media Law

LexisNexis is today announcing the launch of a premium legal research service, Lexis+ , that it says takes a bold approach to providing legal research, AI-driven analytics and practical guidance within a unified and fully integrated platform.

Tomorrow Our Blogging Series Continues with Jim Walker of Cruise Law News

Media Law

Last week Carolyn Elefant joined me as we kicked off a new series on behalf of LexBlog of live conversations with leading legal bloggers. Tomorrow the series continues with a live interview with Jim Walker, publisher of Cruise Law News , a maritime-law blog where the motto is, “Everything the cruise lines don’t want you to know.”

Another State Moves Closer to Mandating Tech CLE, But Limited to Cybersecurity

Media Law

A third state could soon join the two that require technology training as part of a lawyer’s obligation to undergo continuing legal education. Two states currently require mandatory tech CLE. In 2016, Florida became the first state to do so, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.”.

Yadav on Media and Sex Workers: Need For Reforming the Approach

Media Law Prof Blog

Vikrant Yadav, Government Law College, Mumbai, is publishing Media and Sex Workers: Need for Reforming the Approach in volume 9 of the International Journal of Multidisciplinary Educational Research (2020). Here is the abstract. Sex industry is said to be the

Smith on Political Fair Use @CathaySmith

Media Law Prof Blog

Cathay Smith, University of Montana School of Law, is publishing Political Fair Use in volume 62 of the William & Mary Law Review (2020). Here is the abstract. During election season, politicians and political campaigns often use pop culture or

Michael Cohen Sent Back To Prison Over Refusal To Agree Not To Speak To Press Without Approval

Media Law Prof Blog

The New York Times reports that federal law enforcement returned Michael Cohen to prison after he refused to agree not to publish a book or to speak to the press without prior approval from the Bureau of Prisons while serving

ABA Forum on Communications Law Seeking Participants For Annual Moot Court Competition

Media Law Prof Blog

The ABA's Forum on Communications Law is seeking your help in recruiting talented law students to compete in the Forum's annual moot court competition, which is designed to provide a career advancement opportunity for students from communities traditionally underrepresented in

New Legal Innovators Initiative Targets the Challenge for Firms of Supporting Diverse Staffing During Pandemic

Media Law

Among the lessons for law firms that came out of the recession of 2008 was that diversity and inclusion initiatives suffer during an economic downturn, says Bryan Parker , chief executive officer of alternative legal services provider Legal Innovators. It took a decade before the numbers of Black and LatinX attorneys at large law firms returned to pre-recession levels, Parker told me.

As a cop, I killed someone. Then I found out it happens more often than we know | Thomas Owen Baker | Opinion | The Guardian

Communications And Entertainment Law Blog

" In 2005, I joined the police department in Phoenix, Arizona. I became a police officer for the health insurance and economic security, and because the people I’d looked up to as a working-class kid had told me being a cop was a respectable career.

We WIll Vote

Communications And Entertainment Law Blog

Nationalist Geographic

Communications And Entertainment Law Blog


ICYMI: My Litera TV Interview with Paladin Cofounder Kristen Sonday

Media Law

On Wednesday, I interviewed Kristen Sonday , cofounder and COO of Paladin , a platform that helps legal teams run more efficient pro bono platforms while increasing access to justice, for my Law Insights program on Litera TV.

LMA, the Last Holdout to Move to A Virtual Conference, Bites the Bullet

Media Law

It was, as far as I can tell, the last holdout among major legal organizations that was still planning an in-person annual conference.

Virus-Driven Push to Release Juvenile Detainees Leaves Black Youth Behind - The New York Times

Communications And Entertainment Law Blog

After an initial decrease in the youth detention population since the pandemic began, the rate of release has slowed, and the gap between white youth and Black youth has grown. Olivia Alford, left, a high school student, protested with her family in Pontiac, Mich.,