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. Sometimes big corporations slip up and show us what they really think of us, and this was one of those times. . But what’s Spotify’s plan?

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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

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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).

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. Two decades later, that once-scrappy company is now a major player in the legal research market.

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.

Cory Booker to Biden: You're dipping into the Kool-Aid and don't even kn.

Communications And Entertainment Law Blog

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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. Just like Lowery’s seminal “Letter to Emily” post, but much faster, social media began driving traditional media with the story.

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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.

Annual ‘Fastcase 50’ Named, Honoring Law’s Innovators and Visionaries

Media Law

Annually since 2011, legal research company Fastcase has named the Fastcase 50 , an award that honors “the law’s smartest, most courageous innovators, techies, visionaries, and leaders.” ” Today, Fastcase named its 2019 honorees, a list that includes practicing lawyers, legal academics, law librarians, corporate counsel, journalists, company executives, bar leaders, and government officials. Full disclosure: I was included on the inaugural 2011 list.].

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.

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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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. Even in its decline, those words are true today but for reasons that are not particularly funny–except perhaps to Marissa Meyer and Arianna Huffington as we will discover. What did the editors mean at the time? Well, what else was happening in America in 1955?

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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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

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. Conducted for the second year, the Martindale-Avvo Attorney Compensation Report said that the average compensation for a solo or small-firm attorney in 2018 was $194,000, down $4,000 from 2017.

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.

"The New Jim Crow" Author Michelle Alexander on Derrick Bell's Legacy

Communications And Entertainment Law Blog

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. Most recently, we have identified him as a counsel to Spotify in the “Nashville cases” brought against his firm’s client Spotify by four plaintiffs represented by well-known and successful artist rights attorney Richard Busch.

ICYMI: Data Protection and Privacy: The Internet of Bodies (Hart, 2018) @hartpublishing

Media Law Prof Blog

ICYMI: Data Protection and Privacy: The Internet of Bodies (Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, and Paul De Hert, eds., Hart Publishing, 2018). Here from the publisher's website is a description of the book's contents. The subjects of Privacy

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)).

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.

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.

Hong Kong: police fire teargas at protesters in third day of unrest

Communications And Entertainment Law Blog

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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. Because the company had guided all of its potential creditors toward administration, everyone was looking the wrong direction.

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

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.

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. The goal was to use artificial intelligence to help legal services providers better match a consumer to the appropriate attorney or legal resource.

More on CBD – FDA Taking Comments on the Production, Sale and Marketing Through July 16

Broadcast Law Blog

We have written several articles (see our articles here and here ) about the regulation of CBD and the risks inherent in the broadcast of advertisements for these products. CBD is in a legal limbo, as the Farm Act of 2018 took hemp products with less than.3% THC off the list of prohibited drugs on Schedule I of the Controlled Substances Act, but the production of these products is still subject to rules that have not yet been written by the USDA.

Amazon gold miners invade indigenous village in Brazil after its leader is killed | World news | The Guardian

Communications And Entertainment Law Blog

" Dozens of gold miners have invaded a remote indigenous reserve in the Brazilian Amazon where a local leader was stabbed to death and have taken over a village after the community fled in fear, local politicians and indigenous leaders said. The authorities said police were on their way to investigate. Illegal gold mining is at epidemic proportions in the Amazon and the heavily polluting activities of garimpeiros – as miners are called – devastate forests and poison rivers with mercury.

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 can plug Daniel Ek into the hero’s role pretty easily: As reported in Variety : Barely a page into the book “Spotify Untold,” Swedish authors Jonas Leijonhufvud (pictured at left) and Sven Carlsson paint an odd scene.

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

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

Music Technology Policy

According to USA Today : On [July 25, 2019], member of Congress and Democratic presidential candidate Tulsi Gabbard launched a lawsuit against Google claiming “serious and continuing violations of Tulsi’s right to free speech” because of Google’s suspension of the Gabbard campaign’s advertising account during the first Democratic presidential debate. The campaign asks for an immediate court injunction to stop further meddling from Google and payment of financial damages.

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. Lawyers could use it to vet an opponent’s brief for omitted cases or to double-check their own research before submitting the document.

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. In April, the Michigan Supreme Court put out a request for public comment with regard to proposed amendments to Rules 1.1 and 1.6 of its professional conduct rules. The comment period remains open, with Aug. 1 set as the deadline for filing comments. Michigan’s proposal varies from ABA Model Rule 1.1,

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. As I explained in another post, Why I’m Signing Off the Podcast I’ve Done for 13 Years , I was walking away from the longest-running legal podcast, one with a large following, to create a new podcast of my own.

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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