July, 2019

Guest Post by @poedavid: “Dance Like Nobody’s Paying?” Spotify isn’t

Music Technology Policy

[We’re thrilled to welcome David Poe to MTP!]. by David Poe. Spotify’s disastrous “dance like nobody’s paying” ad campaign has now been demolished in the national press, garnering negative coverage in Newsweek, Billboard, NME , Hypebot , and more.

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States’ Liability for copyright infringement

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. VIDANGEL POSTMORTEM TRUMP CAN’T BLOCK ON TWITTER TEXAS APPEAL COURT: COPYRIGHT INFRINGEMENT BUT SOVEREIGN IMMUNITY.

Sixth Circuit Affirms Lower Court Ruling Dismissing Defamation Suit Against New York Times

Media Law Prof Blog

The Sixth Circuit affirms a lower court ruling dismissing a defamation lawsuit against the New York Times. An Ohio State University professor sued over a NYT article, but the lower court held, and the 6th circuit agreed, that a reasonable

LawNext Episode 45: As Fastcase Turns 20, Founders Recount Its History and Predict Its Future

Media Law

It was 20 years ago that two Covington & Burling associates, Ed Walters and Phil Rosenthal , made the audacious move of quitting their jobs and launching the legal research company Fastcase. Their goal was to democratize the law through affordable pricing and smarter technology.

New York Court Finds Warhol Series to be Fair Use of Prince Photograph

New Media and Technology Law

Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 17-cv-2532 (S.D.N.Y.

FCC Highlights State EAS Plans – Is Your Station Doing What It is Supposed to Be Doing?

Broadcast Law Blog

The FCC earlier last week posted on its Blog an article from the Chief of its Public Safety and Homeland Security Bureau about state EAS plans , stressing how important these plans are to making sure that any emergency message conveyed through an EAS alert is properly transmitted to all who are supposed to receive it, so that it ultimately reaches the members of the public who should be aware of the emergency situation which triggered the alert.

Another Bad Artist Relations Week for Spotify

Music Technology Policy

Spotify released one of their groovy ad campaigns last week. This time celebrating their freebie subscription campaign. You really do have to wonder where they find the people who come up with these things. Blake Morgan, David Lowery and David Poe all laid into Spotify with their own tweets.

More Trending

Frohock on The Law as Uncopyrightable @frohock_c

Media Law Prof Blog

Christina Frohock, University of Miami School of Law, is publishing The Law as Uncopyrightable: Merging Idea and Expression Within the Eleventh Circuit’s Analysis of 'Law-Like' Writing, in volume 73 of the University of Miami Law Review (2019). Here is the

Pew Grant Will Take ‘Learned Hands’ Project from Prototype to Production, to Help ID Consumers’ Legal Issues

Media Law

Last October, I reported here on the launch of an innovative project, Learned Hands , that uses a game to train a machine-learning algorithm to better identify the legal issues in the words that ordinary people use to describe their problems.

Web Scraping Decisions Consider Contract Cause of Action

New Media and Technology Law

Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to “ clickwrap ” and “ browsewrap ” website terms of use. In Southwest Airlines Co. Roundpipe, LLC , No. 18-0033 (N.D. 22, 2019), a Texas district court declined to dismiss Southwest Airlines Co.’s

Court Overturns Requirement that Prescription Drug Advertisers Include Price Information in TV Ads

Broadcast Law Blog

Last week, a federal District Court ruled that the US Department of Health and Human Services did not have the authority to require that drug manufacturers include pricing information on their television commercials. We wrote about that requirement, here – a requirement that was supposed to go into effect this summer. However, the District Court judge found that there was no statutory authority on which HHS could rely for the adoption of this rule.

What, Me Worry: The Decline of MAD Magazine and David Simon’s Dire Prediction

Music Technology Policy

The cover of the first magazine issue of MAD in 1955 bore these prophetic words: This magazine is vital for you to read and inside you will find an extremely important message from the editors.

Ben Carson Compares Baltimore To Cancer Patient, Adding To Trump Assault On City : NPR. A very demented, self-loathing man.

Communications And Entertainment Law Blog

Ben Carson Compares Baltimore To Cancer Patient, Adding To Trump Assault On City : NPR

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Mass Shootings, U.S. Society, and the Media @center4inquiry @BTRadford

Media Law Prof Blog

From Benjamin Radford and the Center for Inquiry (CFI): a three part series on mass shootings, U.S. society, and the media. Part 1: How Common Are Mass Shootings? Part 2: Who Are Mass Shooters? Mass Shooter Demographics Part 3: Mass

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LexBlog Upgrades Publishing Platform to Enhance Mobile Performance and Ranking of Blogs

Media Law

LexBlog today is rolling out a major enhancement of its publishing platform that should mean its customers’ blogs will load significantly faster on mobile devices, rank higher in search results, and display better on certain social media platforms such as Twitter and LinkedIn.

New California Court Decisions Showcase Robust CDA Immunity

New Media and Technology Law

Three recent court decisions reaffirm the expansive immunity awarded to online providers that host third-party content under Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c): California’s Superior Court decision in Murphy v. Twitter, Inc. , CGC-19-573712 (Cal. Super. June 12, 2019), and the Northern District of California’s decisions Brittain v. Twitter, Inc. , 19-00114 (N.D. June 10, 2019), and Fyk v. Facebook, Inc. , 18-05159 (N.D. June 18, 2019).

Actions Taken at July Meeting – FCC Adopts Changes to Children’s Television Rules and to TV MVPD Carriage Election Notices Procedures

Broadcast Law Blog

The FCC at its open meeting last week took two actions important to TV broadcasters – modifying its children’s television rules and changing the process by which TV stations give notice to MVPDs of their must carry or retransmission consent elections. On the children’s television rules, the FCC largely adopted the proposals in their draft order, which we summarized here.

A Look at Christopher Sprigman’s Recent Record

Music Technology Policy

Sprigman Throws a Definition at Blake Morgan. The Spitting Image of the Modern Major General. MTP readers may remember the name Christopher Sprigman.

Donald Trump Digs In On Racially Divisive Attacks As 2020 Strategy | Dea.

Communications And Entertainment Law Blog

Federal District Judge Dismisses Russian Free-Speech Challenge To Facebook's Shutdown of Its Account

Media Law Prof Blog

Federal District Judge Lucy Koh has dismissed a lawsuit brought by the Federal Agency of News (FAN) against Facebook for shutting down its account. FAN argued that Facebook was interfering with its free-speech rights. Judge Koh ruled that Facebook is

For Solo and Small Firm Lawyers, Earnings Drop, Gender Gap Persists

Media Law

A survey of earnings of solo and small-firm attorneys in the United States finds that the average attorney’s compensation dropped last year, while a wide gender gap persists.

Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots

New Media and Technology Law

In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court decisions examining the potential liabilities for unwanted scraping and website access. Ticketmaster L.L.C. Prestige Entertainment West Inc. , 17-07232 (C.D. Final Judgment July 8, 2019)).

More Time for Comments on DOJ Review of ASCAP and BMI Consent Decrees – Now Due August 9

Broadcast Law Blog

In a very important proceeding we summarized here , the Department of Justice’s Antitrust Division is reviewing the antitrust consent decrees that govern ASCAP and BMI – the decrees that require that these performing rights organizations treat similarly situated licensees (and artists) in the same way and which allow a Court to review the reasonableness of the rates that ASCAP and BMI propose.

PledgeMusic Winding Up Hearing July 31 in London

Music Technology Policy

It appears that PledgeMusic has not planned on going into administration (like reorganization bankruptcy), at least not since June 13, 2019. Therefore, any statements the company or its representatives have made since that date must be looked at anew.

Ronald Reagan called African U.N. delegates 'monkeys' in call with Richard Nixon, audio recording reveals. Finally, the media telling the truth about that horrible racist Ronald Reagan. I am so sick of the lies. This was a horrible man and President.

Communications And Entertainment Law Blog

Ronald Reagan called African U.N. delegates 'monkeys' in call with Richard Nixon, audio recording reveals

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Worthy on Freedom of Information in Europe: Creation, Context, and Conflict

Media Law Prof Blog

Ben Worthy, University of London, Birkbeck College, is publishing Freedom of Information in Europe: Creation, Context and Conflict in Contested Trade-Offs: Transparency and Secrecy in European Democracies (forthcoming) This paper takes an overview of the development and implementation of Access

On the One-Year Anniversary of My LawNext Podcast, Here are the Top 10 Most Popular Episodes

Media Law

Yesterday marked the one-year anniversary of the launch of my podcast LawNext , focused on interviews with the “innovators and entrepreneurs who are driving what’s next in law.” ” Starting it was a bit of a gamble.

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The Curious Timing of “Spotify Untold” the Corporate Bio Book

Music Technology Policy

You may have seen the book reviews of “Spotify Untold” (or in Swedish ““Spotify Inifrån”) which is a corporate version of Joseph Campbell’s hero’s journey from The Hero With A Thousand Faces aka Star Wars ).

You Go! Rep. @TulsiGabbard Sues Google For Manipulating Election

Music Technology Policy

What’s the Current Status of PledgeMusic Case?

Music Technology Policy

What are the chances that PledgeMusic will just disappear into the night, never file bankruptcy and never pay back the artists, fans and vendors? The less you talk about Pledge’s misdeeds, the more likely they simply are never pursued by anyone. PledgeMusic

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AI-Driven Brief Analysis Comes to Westlaw, But Does It Differ From Competitors?

Media Law

In 2016, Casetext , the legal research startup, introduced CARA , a tool that uses artificial intelligence to analyze users’ uploaded briefs and memoranda and find relevant cases the document missed.

Michigan Seeks Input On Adopting Duty of Technology Competence

Media Law

Thirty-six states have adopted the duty of technology competence for lawyers, and now Michigan is considering joining the list with proposed changes to its Rules of Professional Conduct.

The Chicago Defender Ends Its Print Edition Run, Goes Digital Only, Today

Media Law Prof Blog

From the New York Times: The Chicago Defender ceases print publication today. It will continue its digital edition. Notes the Times, "Decade by decade, the newspaper told the story of black life in America. It took note of births and

Bosland on Restraining "Extraneous" Prejudicial Publicity

Media Law Prof Blog

Jason John Bosland, University of Melbourne, Centre for Media and Communications Law, is publishing Restraining 'Extraneous' Prejudicial Publicity: Victoria and New South Wales Compared in volume 41 of the University of New South Wales Law Journal (2018). Here is the

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LexisNexis Gets Into Enterprise Contract Analytics through Joint Venture with Knowable

Media Law

[Updated to include comments from Mark Harris, Knowable CEO, and Ritu Khanna, executive vice president, Global Strategy & Acquisitions, at LexisNexis.].

At AI Research Company ROSS, A New Stage of Transparency and Engagement

Media Law

Was this the same ROSS Intelligence that I’d wondered and speculated about? For years, the artificial-intelligence legal research company maintained a shroud of secrecy around its product. Sure, they talked about it plenty. They garnered lots of media coverage.

Ó Fathaigh on The Chilling Effect of Turkey's Article 301 Insult Law

Media Law Prof Blog

Ronan O Fathaigh, University of Amsterdam, Institute for Information Law, has published The Chilling Effect of Turkey’s Article 301 Insult Law at 3 European Human Rights Law Review 298 (2019). Here is the abstract. This article discusses how the approach