March, 2019

An Insult to the Heart: Lobbyists Organize Big Tech Rallies in Europe

Music Technology Policy

The ghost of Edward Bernays walks the streets of the ancient capitols of Europe.

Doin’ The Copyright Registration Dance

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. SCOTUS RULES ON WHEN TO FILE SUIT EU REVOKED MCDONALDS BIGMAC TRADEMARK: BURGER KING HAS FUN AT MCDONALDS EXPENSE NOMINATIVE FAIR USE FOR WEBCAST NAME (TIE TO FANDOM PODCASTS?) MAHONEY: FIRING A PERSON IS FREE SPEECH ‘STAR TREK'/DR.

Stanford's Free Course On Attacks on Freedom of the Press

Media Law Prof Blog

Last fall, Stanford Continuing Studies in conjunction with the John S. Knight Journalism Fellowships offered a course called Journalism Under Siege? Truth and Trust in a Time of Turmoil. Over five weeks, it presented views from twenty-eight experts. Now those

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Exclusive Survey Report: Small Firms See Many Challenges, But Do Little To Address Them

Media Law

Solo and small law firms face many challenges — from getting paid to managing time to keeping up with technology — but they do little to address them, according to the 2019 State of U.S. Small Law Firms survey report being released today by Thomson Reuters.

‘Race-Biased Dragnet’: DNA From 360 Black Men Was Collected to Solve Vetrano Murder, Defense Lawyers Say - The New York Times

Communications And Entertainment Law Blog

" When Karina Vetrano was found beaten and strangled in a Queens park nearly three years ago, the New York Police Department carried out one of the most intense and extensive manhunts in the agency’s recent history.

Time for All-Digital AM?  Petition for Rulemaking Asks that the FCC Allow It

Broadcast Law Blog

For decades, the FCC has been attempting to solve problems with AM reception – in the 90s looking to protect AMs from each other, and today trying to assist them in overcoming the effects of background “noise” coming from the proliferation of electronic devices in the environment which make AM reception, particularly in urban areas, very difficult.

“Purchased Protest” Bombshell: Germany’s FAZ News Uncovers The Seamy Underbelly of Google’s Article 13 Lobbying

Music Technology Policy

The usual suspects got caught again. And you can’t have the usual suspects without Keyser Söze.

More Trending

Goldenziel and Cheema on How U.S. Law Hampers the Fight Against Information Warfare @JillGoldenziel

Media Law Prof Blog

Jill I. Goldenziel, Marine Corps University-Command and Staff College; University of Pennsylvania; Harvard University, and Manal Cheema University of Virginia - School of Law, Alumnus or Degree Candidate Author, have published The New Fighting Words?: How U.S. Law Hampers the

‘Case Status,’ App that Automates Client Communications, Receives Venture Funding

Media Law

Case Status , a company whose product aims to improve the client experience by automating lawyer-client communications and case updates, has received venture capital funding from the Alabama Futures Fund. The amount of funding was not disclosed.

Lucy Flores speaks out on her accusation on Joe Biden

Communications And Entertainment Law Blog

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FTC Obtains Record $5.7 Million Fine for Children’s Privacy Protection Act Violation

Broadcast Law Blog

When is your website or app covered by the Children’s Online Privacy Protection Act (“COPPA”) and the FTC’s COPPA Rule ? Although there are gray areas under COPPA, one clear way to fall under this law is to know that you’re collecting information from children under the age of 13 online. That’s part of what landed Musical.ly, now known as TikTok, in trouble with the FTC – including a record-setting COPPA fine of $5.7 million.

Goliath Never Learns: “Article 13” Passes European Parliament With Substantial Majority–now what?

Music Technology Policy

The European Copyright Directive (aka “Article 13”) has passed the European Parliament by a vote of 348 to 274, a substantial majority in favor of artist rights. Silicon Valley interests embarrassed themselves as expected.

Bipartisan Facial Recognition Privacy Bill Introduced in Congress

New Media and Technology Law

Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “ Commercial Facial Recognition Privacy Act of 2019 ,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use of facial recognition technology to identify and track consumers without consent. The bill, as drafted would place limitations on the third-party sharing of collected faceprint data, as well as require covered entities to meet certain minimum data security standards.

Dershowitz Asks Second Circuit To Limit Press and Public Access To Hearing

Media Law Prof Blog

Alan Dershowitz, through his attorney, is asking the Second Circuit to bar the media and public from at least some of next week's proceedings involving the unsealing of documents in the Jeffrey Epstein case because the information involved is "sensitive

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New ‘LawZam Consults’ Allows Lawyers to Sell Text or Video Legal Consultations

Media Law

A new service launching today, LawZam Consults , allows lawyers to provide 15-60 minute text and video client consultations for a fee via a mobile-friendly online platform.

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African Americans Views On The Year Of Return In Ghana

Communications And Entertainment Law Blog

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PIRATE Act Passes House of Representatives Imposing Fines of $100,000 a Day on Unlicensed Radio Operators – Now on to the Senate

Broadcast Law Blog

The PIRATE Act , imposing Federal penalties on pirate radio station operators, was passed last week by the US House of Representatives and referred to the US Senate for consideration. We wrote about versions of this bill introduced in prior Congressional sessions here and here. This bill, among other things, would impose penalties of up to $100,000 a day for violations of the Act, up to a total maximum fine of $2 million.

Facebook and the Enemy Within: T-Bone Burnett’s Keynote at SXSW 2019 — Artist Rights Watch

Music Technology Policy

As usual, Henry gives an extremely relevant and literate dissertation on the loss of humanity imposed on us by Big Brother’s youngest sibling, Mark Zuckerberg–the boy who wouldn’t grow up, but who instead created an app for Room 101. Please listen to T Bone when you have a quiet hour to yourself.

Registrations, not Applications: Supreme Court Says Copyright Owners Must Wait to Sue

New Media and Technology Law

This Monday, the Supreme Court unanimously ruled in Fourth Estate Public Benefit Corp. Wall-Street.com, LLC , 586 U.S. _ (Mar. 4, 2019), that a copyright owner may commence an infringement suit only when the Copyright Office determines whether or not to register a copyright, as opposed to when the owner submits an application and fee for registration. The widely-followed case resolves a simple question, but has far-reaching practical implications for U.S. copyright litigation.

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Trimble on Copyright and Geoblocking @unlvlaw

Media Law Prof Blog

Marketa Trimble, UNLV School of Law, is publishing Copyright and Geoblocking: The Consequences of Eliminating Geoblocking in volume 25 of Boston University Journal of Science and Technology Law (2019). Here is the abstract. Geoblocking has become a common companion of

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LawNext Episode 32: Kimball Parker, Head of Wilson Sonsini’s New Tech Subsidiary SixFifty

Media Law

In February, Silicon Valley law firm Wilson Sonsini announced the launch of SixFifty , a software subsidiary that will develop automated tools designed to make legal processes more efficient and affordable for individuals, small businesses and emerging companies. Named president of SixFifty was Kimball Dean Parker , the lawyer who helped develop the innovative LawX design lab at BYU Law School.

Democratic Party Weakness Emboldens Trump!

Communications And Entertainment Law Blog

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April Regulatory Dates for Broadcasters – Radio License Renewal, Quarterly Issues Programs Lists and Children’s Television Reports, Repacking and EEO Dates, and Comments on the Quadrennial Review

Broadcast Law Blog

April, as we wrote last month , begins the start of the radio license renewal process, with stations in Maryland, Virginia, West Virginia and the District of Columbia having to run on the 1 st and 16 th of the month public notices of the planned filing of their license renewals at the beginning of June.

Indie artists call on @Europarl_EN 2 to ‘Just Say’ #Yes2Copyright with Steph’s ReMix

Music Technology Policy

Article 13 #Yes2Copyright Steph's Remix

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The Ennui of Learned Helplessness: Article 13 and the Five Lies in YouTube’s Content ID

Music Technology Policy

Guest Post by Iain Baker of @jesusjonesband: An update on the PledgeMusic Debacle

Music Technology Policy

[We’re pleased to provide a platform for Iain Baker of Jesus Jones to update MTP readers on the slow motion train wreck called Pledge Music. This has turned into a real financial crisis for artists and their vendors as well as the fans.]. We are still no nearer a resolution, it would seem. And it feels like they’re running down the clock. Artists are told to dial back any criticism of Pledge, in order to make it easier to sell the company.

Le Tatou’s Excellent Explainer on YouTube’s Role in Article 13 Lobbying–from @TatouProd

Music Technology Policy

“What no one tells you about Article 13” As we’ve read in recent reporting from Europe, Google’s Susan Wojcicki has been twisting arms among their “YouTubers” to put out videos not only opposing Article 13, but also using the Google party line.

Judge Grants Summary Judgment In Defamation Case Against Buzzfeed

Media Law Prof Blog

District Court Judge Victor Marrero has granted Buzzfeed's request for summary judgment in Leidig v. Buzzfeed, agreeing with the defendant that the plaintiffs could not demonstrate that the statements they complained of were false or that they could

A Cautionary Tale for Congress: Big Tech Uses Fake Grassroots Interference Lobbying In Europe

Music Technology Policy

There’s a sound policymaking reason why the European Parliament should ignore the bombardment of email and social media messaging it has recently endured for copyright reform.

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Skinner-Thompson on Recording as Heckling

Media Law Prof Blog

Scott Skinner-Thompson, University of Colorado Law School, is publishing Recording as Heckling in volume 108 of the Georgetown Law Journal (2019). Here is the abstract. A growing body of authority recognizes that citizen recording of police officers and public space

Stone on Freedom of Expression in Asia @Adrienne_Stone1

Media Law Prof Blog

Adrienne Stone, University of Melbourne Law School, is publishing Freedom of Expression in Asia in the Oxford Handbook of Constitutional Law in Asia (Lau, Lau, and Schwartz, eds., Oxford University Press) (forthcoming). Here is the abstract. Freedom of expression is

Zhu and Krever on The Impact of Newspaper Reports on Fear of Violent Crime in Hong Kong @uwanews @UWALawSchool

Media Law Prof Blog

Runping Zhu, The University of Western Australia, and Richard Krever, The University of Western Australia Law School, has published The Impact of Newspaper Reports on Fear of Violent Crime in Hong Kong. Here is the abstract. This study analyzed violent

On PBS Tonight: "King Charles III"

Media Law Prof Blog

Airing tonight on PBS: King Charles III, a filmed version of Mike Barlett's play of the same name, first performed at the Almeida Theatre in London in 2014. The play imagines events after the death of Queen Elizabeth II and

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UNC Center For Media Law and Policy Prize Competition Now Open

Media Law Prof Blog

Competition now open: The UNC Center for Media Law and Policy awards annual prizes to students who write the best published scholarly articles on media law and policy related topics. The James R. Cleary Prize competition is open to all

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Kadri and Klonick on Facebook v. Sullivan: Building Constitutional Law For Online Speech @thomaskadri @Klonick

Media Law Prof Blog

Thomas Kadri, Yale Law School, and Kate Klonick, St. John's University School of Law and Yale University Information Society Project, have published Facebook v. Sullivan: Building Constitutional Law for Online Speech. Here is the abstract. In the United States, there

EPIC Obtains FBI Media Guidelines for NSLs

Media Law Prof Blog

Back in 2017, the Electronic Privacy Information Center (EPIC) filed a FOIA request to obtain the FBI's rules for using National Security Letters (NSLs) when it interacts with the press. The FBI has now released those rules. More here from

@rachelrwithers: Amazon Owes Wikipedia Big-Time — Artist Rights Watch

Music Technology Policy

Amazon gave $1 million to Wikipedia–and gets way more out of the deal than the charity. via @rachelrwithers: Amazon Owes Wikipedia Big-Time — Artist Rights Watch