August, 2018

Gordon Firemark named among Best Lawyers in America for third year in a row.

Gordon P. Firemark

For the third year in a row, I have been selected by my peers for inclusion in The Best Lawyers in America (2019 edition) for my work in the field of Entertainment Law – Theatre. Obviously, I'm honored, and grateful that I've earned the respect of my fellow attorneys. More information can be found at [link]. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Gordon Firemark named among Best Lawyers in America for third year in a row.

Google’s European Campaign Contributions on Article 13

Music Technology Policy

RITTER. They want what every first term administration wants…a second term. From A Clear and Present Danger, written by Tom Clancy (novel), screenplay by Donald Stewart, Steven Saillian and John Milius.

Why I’m Signing Off the Podcast I’ve Done for 13 Years

Media Law

Thirteen years ago this week, in 2005, I sat down in a recording studio in front of a fancy boom microphone, donned a bulky pair of Sony headphones, and waited for the cue. Then I was connected to my new cohost, Newport Beach, Calif., lawyer J.

Lee on Fair Use Avoidance in Music Cases

Media Law Prof Blog

Edward Lee, Chicago-Kent College of Law, is publishing Fair Use Avoidance in Music Cases in volume 59 of the Boston College Law Review (2018). Here is the abstract. This Article provides the first empirical study of fair use in cases

Lobbyist Says He Illegally Helped Russian and Ukrainian Buy Tickets to Trump Inauguration - The New York Times

Communications And Entertainment Law Blog

Site Cannot Compel Arbitration Based upon Later-Amended Terms without Showing Adequate User Notification of Change

New Media and Technology Law

A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time, as the user may not have received sufficient notice of the amendment. Daniel v. eBay, Inc. , 15-1294 (D.D.C. July 26, 2018)).

Using Film Clips – Entertainment Law Asked & Answered

Gordon P. Firemark

VIDEO: ?. link]. TRANSCRIPT: Using film clips in your lecture slides and presentations. Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.

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More Trending

LAWCLERK, Where Firms Can Hire Freelance Lawyers, Now Integrates With Clio

Media Law

LAWCLERK , a legal services marketplace where solo and small-firm attorneys can hire freelance lawyers for short-term projects, is announcing today its new integration with the practice management platform Clio.

Special Master's Report on Leaks in Starr Investigation of Clinton Unsealed

Media Law Prof Blog

Via the National Law Journal: U.S. District Court Judge Royce C. Lambeth has ordered the Special Master's Report on leaks concerning the Ken Starr investigation of the Clinton White House, unsealed. The Honorable John W. Kern, III, was the Special

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Midterms Winning Formula: Excitement vs. Real Strategy

Communications And Entertainment Law Blog

Annual Regulatory Fees Due September 25 – Expect Changes in TV Fees Starting Next Year

Broadcast Law Blog

Just when you thought that it might be safe to stop watching your email and prepare to enjoy the long weekend, the FCC comes along and reminds you that there is work ahead in September. As we warned in our summary of the regulatory dates for broadcasters in September, the FCC announced the deadline for filing annual regulatory fees – they will be due by 11:59 pm ET on September 25, 2018. A copy of the FCC order announcing the amounts of the new fees is available here.

How do you Persuade Your Competitors and Colleagues to Comply with Copyrights and Contract Provisions? – Entertainment Law Asked & Answered

Gordon P. Firemark

VIDEO: [link]. TRANSCRIPT: How do you persuade your competitors and colleagues to comply with copyrights and contract provisions?

Thank You Senator @MarkWarner, but Senator @RonWyden is the Perfect Leader in the Fight Against Behavioral Addiction

Music Technology Policy

Senator Mark Warner has released a (or leaked) a comprehensive plan to combat fake news and foreign manipulation of the American electorate through Silicon Valley.

Lex Machina Extends Its Analytics To Insurance Litigation

Media Law

The legal analytics platform Lex Machina , which is owned by LexisNexis, has been steadily expanding its coverage into new practice areas, and today has added insurance litigation.

Ginsburg and Budiardjo on Authors and Machines @ColumbiaLaw

Media Law Prof Blog

Jane C. Ginsburg and Luke Ali Budiardjo, both of Columbia Law School, have published Authors and Machines as Columbia Public Law Research Paper No. 14-597. Here is the abstract. Machines, by providing the means of mass production of works of

“Mississippi Is Failing”: As Prisoner Deaths Reach 13 in August Alone, A.

Communications And Entertainment Law Blog

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FCC Approves Another Radio Station Acquisition by a Company that is 100% Foreign-Owned

Broadcast Law Blog

The FCC yesterday issued a Declaratory Ruling approving the acquisition of an FM radio station in upstate New York by a company that is 100% controlled by two individuals, neither of whom is a US citizen. One is a UK citizen, the second a citizen of Poland. These individuals have lived in the US for three years.

Greatest Hits from 100 episodes – Entertainment Law Update Episode 100

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. PART I-CURRENT NEWS: COPYRIGHT OVER LAWS, IT’S STILL AN ISSUE: CONSENT DECREES COMMENT PERIOD: EMPIRE LAWSUIT GETS REVIVED: Greatest Hits – Important Cases. The Slants. Kirtsaeng (I&II). Raging Bull. Aereo. Utah Joins the Case History.

David Crosby’s Streaming Royalties

Music Technology Policy

David Crosby was in this band called The Byrds which covered “Mr. Tambourine Man” aka Bob Dylan’s first #1 hit as a songwriter. Then he was in another band called Crosby Stills Nash & Young. He’s done a lot of other things, too, but I mention those two bands because each of those bands were inducted into the Rock Hall. That’s right–David Crosby was inducted into the Rock & Roll Hall of Fame twice.

Roundup of Company and Product News from ILTACON, Part 3: NetDocuments, WindTalker, American LegalNet, AdvoLogix

Media Law

Last week, I attended ILTACON, the annual meeting of the International Legal Technology Association, where I sat down with a number of legal technology companies for briefings on their latest news and products. I’m posting a four-part roundup of those companies.

Hsin on Theory and Doctrine in the Problem of Provocative Speech

Media Law Prof Blog

JD Hsin, U. Department of Labor, is publishing Defending the Public's Forum: Theory and Doctrine in the Problem of Provocative Speech in volume 69 of the Hastings Law Journal (2018). Here is the abstract. For more than half a

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Painter: I Wouldn't Be Donald Trump's Lawyer, I Don't Want To Go To Jail.

Communications And Entertainment Law Blog

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More September Regulatory Dates – Effective Date of New Application Fees, Filing Deadline for TV Shared Services Agreements, Lowest Unit Rate For September Election and Reminder on Repacking Requirements

Broadcast Law Blog

Yesterday, we wrote about the regulatory dates coming up for broadcasters in September. Even though that was an extensive list, we realized later that we left a few off. So here are a few more issues to consider in September. Plus, the FCC yesterday reminded repacked TV stations of all of the requirements for TV stations involved in the repacking of the TV band following the Incentive Auction which, as we noted in our post yesterday, formally begins this month.

Should you trademark your podcast’s title?

Gordon P. Firemark

Last week, I spoke at the Podcast Movement Conference in Philadelphia. It was a blast and if you're at all interested in podcasting, I encourage you to check this out next year, when it'll be in Orlando. One of the questions I hear most frequently from podcasters is whether they can and should get a registered trademark for their show title.

Guest Post: How Amazon’s Twitch.tv Cheats Music Creators

Music Technology Policy

Guest post* by Erin M. Jacobson, Esq. This article was first posted on Forbes.com and previously on themusicindustrylawyer.com.]. Music creators (songwriters and performing artists) and rights’ owners (music publishers and record labels) are not collecting a new and substantial source of income – and most of them are not aware they are not collecting it. Enter Twitch, the website exploiting creators and owners without paying for a single cent of music usage. What is Twitch.

Why I Close My Doors For a Conference

Media Law

After three years of attending the Clio Cloud Conference , the jazzy, New Orleans legal tech conference hosted by leading cloud-based practice management software provider Clio, Billie Tarascio had had it.

Snow on Denying Trademark for Scandalous Speech @UCDavisLawRev

Media Law Prof Blog

Ned Snow, University of South Carolina, is publishing Denying Trademark for Scandalous Speech in volume 51 of the the UC Davis Law Review (2018). Here is the abstract. Recently in Matal v. Tam, the Supreme Court held that the disparagement

Mother of toddler who died after being released from ICE custody files wrongful death claim - ABC News

Communications And Entertainment Law Blog

"Juarez is now seeking $40 million in damages from the City of Eloy, Arizona, which is "the federal government's prime contractor operating the Dilley facility," one of her attorneys, R. Stanton Jones, said in a statement Tuesday.

September Regulatory Dates for Broadcasters – Annual Regulatory Fees; Nationwide EAS Test; Comment Dates on FM Translator Interference, Audio Competition, Children’s Television Requirements, and Reimbursement for LPTV and FM Repacking Costs; and More

Broadcast Law Blog

While September is one of those months with neither EEO reports nor Quarterly Issues Programs or Children’s Television Reports, that does not mean that there are no regulatory matters of importance to broadcasters. Quite the contrary – as there are many deadlines to which broadcasters should be paying attention.

Must Read: @AnneMarieSteele: An insightful interview with Jody Gerson about songwriting and breaking artists

Music Technology Policy

[This interview is one of the best statements of what signing and breaking a songwriter or an artist is all about. When I was reading Jody Gerson’s interview I remember when I asked David Anderle once why we didn’t do bidding wars at A&M. He said quite simply that A&M helped compelling artists make great records and then stuck with them until they found an audience. They didn’t all work out but it wasn’t for lack of trying. That had nothing to do with bidding wars.].

Facebook’s Campbell Brown Demonstrates Ontological Smugness of the Ship Jumper

Music Technology Policy

We’ve all experienced the sneering smugness of the executives at YouTube, Vimeo, Facebook and Amazon looking down their noses at artists and labels (especially independents). Never a problem with Apple in my experience, by the way, gee I wonder why.).

RIP John McCain

Music Technology Policy

MDMN John S. McCain III and CAPT John S. McCain, Jr. .

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Did @zephyrteachout Quietly Resign from Controversial Lobby Shop?

Music Technology Policy

[A blast from the past–when New York Attorney General candidate Zephyr Teachout lost her last try at the policy spotlight and covered up her connection to the controversial Fight for the Future.]. Candidate Teachout and Lester Lawrence Lessig III.

Hey Alexa, Regift Yourself: Google Overtakes Amazon in Biometric Data Acquisition Tools — Artist Rights Watch

Music Technology Policy

According to the Canalys research outfit, Google has taken the lead over Amazon for the first time in the acquisition of biometric identifying data–aka “smart speakers”.

Biber on Broadcasting the Oscar Pistorius Trial

Media Law Prof Blog

Katherine Biber, University of Technology Sydney, Faculty of Law, is publishing Dignity in the Digital Age: Broadcasting the Oscar Pistorius Trial in Crime, Media, Culture 2018. Here is the abstract. Oscar Pistorius was tried for the murder of Reeva Steenkamp

Media Publish Responses To Trump's War on the Press

Media Law Prof Blog

From CNN: The Topeka Capital-Journal joins other media in publishing an editorial condemning Trump's anti-press messages. More about the coordinated messages here from CNBC, CNN, the Guardian

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RIP Aretha Franklin

Music Technology Policy

#irespectmusic campaign Aretha Franlin

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