October, 2018

Gordon P. Firemark, Attorney at Law Receives 2018 Los Angeles Award

Gordon P. Firemark

Press Release. FOR IMMEDIATE RELEASE. Gordon P. Firemark, Attorney at Law Receives 2018 Los Angeles Award. Los Angeles Award Program Honors the Achievement. LOS ANGELES October 24, 2018 — Gordon P. Firemark, Attorney at Law has been selected for the 2018 Los Angeles Award in the Attorney category by the Los Angeles Award Program.

The First Rule of Lawfare: Is Google’s Active Measures Campaign on Article 13 a Trial Run for Election Meddling by a US Non-State Actor?

Music Technology Policy

Well, I wake up in the morning. Fold my hands and pray for rain. I got a head full of ideas. That are drivin’ me insane. It’s a shame the way she makes me scrub the floor. I ain’t gonna work on Maggie’s farm no more. From Maggie’s Farm, written by Bob Dylan.

Clarke and Piper on A Legal Framework to Govern Online Political Expression by Public Servants @Carleton_U

Media Law Prof Blog

Amanda Clarke, Carleton University School of Public Policy and Administration, and Benjamin Pipe, National Judicial Institute, have published A Legal Framework to Govern Online Political Expression by Public Servants at 21 Canadian Labour and Employment Law Journal 1 (2018).

Project Provides Access to All U.S. Case Law, Covering 360 Years

Media Law

Launching today is the capstone to a massive project executed over the last three years to digitize all U.S. case law, some 6.4 million cases dating all the way back to 1658, a span of 360 years. The Caselaw Access Project site launching today makes all published U.S.

Malcolm X : Media Manipulation

Communications And Entertainment Law Blog

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FCC Quickly Disposes of Proposal for AM Station to Go Silent and Broadcast Exclusively on FM Translator

Broadcast Law Blog

Only three weeks ago, we wrote about an application for experimental authority filed by an AM station operator in Arizona, seeking permission to cease operating its AM station for a one year test to operate solely with its paired FM translator. We suggested that this proposal portended much for the AM band.

Music Modernization, Resale Royalties and more – Entertainment Law Update Episode 102

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. MUSIC MODERNIZATION ACT – Summary Overview. THE AMERICAN ROYALTIES TOO ACT OF 2018 . CALIFORNIA ENACTS STRONGEST NET NEUTRALITY PROTECTIONS IN THE COUNTRY AS TRUMP ADMINISTRATION FILES SUIT.

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Gordon on Atrocity Speech Law @ProfGSGordon

Media Law Prof Blog

Gregory S. Gordon, The Chinese University of Hong Kong Faculty of Law, has published Atrocity Speech Law: Foundation, Fragmentation, Fruition -- Introduction in Gregory S. Gordon, Atrocity Speech Law: Foundation, Fragmentation, Fruition (Oxford University Press, 2017). Hate speech is widely

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New Bots From DoNotPay Includes One That Lets You Sue In Any Small Claims Court At The Press Of A Button

Media Law

DoNotPay , the company that created a chat bot to automatically appeal parking tickets, is today launching a series of legal and consumer-protection bots that includes one that will enable individuals to file an action in any small claims court in the United States.

Jon Stewart says the President is attacking journalists' ego

Communications And Entertainment Law Blog

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Beware of the Political File Obligations in this Hot Political Advertising Year

Broadcast Law Blog

In this “political” year with Congressional mid-term elections in November, including many hotly contested races for seats in the US House of Representatives and the Senate, as well as many state and local elections, I receive many questions from broadcasters across the country. Perhaps the area in which most questions are received deals with the “political file,” particularly because these files are now available online.

Common Software Licensing Language at Issue in IP Dispute

New Media and Technology Law

Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as restrictions barring licensees from reverse engineering the code at issue. The scope of protection, of course, depends on the final language of the licensing agreement and disputes can arise when licensees decide to develop similar software in-house, or with a third party. Indeed, a recent case, Ford Motor Co. Versata Software Inc. , 15-10628 (E.D.

Save the Date! NYC Music Business & Law Conference November 16

Music Technology Policy

I’m honored to be included in a panel at the New York State Bar Association’s annual Music Business & Law Conference on November 16 with truly awesome panelists. 11:50am-12:50 pm Music Modernization Act (US) / International Developments. The Music Modernization Act could be the most consequential copyright legislation in a generation.

Balkin on The First Amendment in the Second Gilded Age @jackbalkin

Media Law Prof Blog

Jack M. Balkin, Yale Law School, is publishing The First Amendment in the Second Gilded Age in the Buffalo Law Review, 2019 (Forthcoming). Here is the abstract. How do we pay for the digital public sphere? In the Second Gilded

Stanford and Suffolk Create Game to Help Drive Access to Justice

Media Law

Here’s an idea: What if there was a way to promote access to justice while having fun at the same time? That is the idea of a unique project launching today that uses a game to train a machine-learning algorithm.

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Mike Pence and “Christian Rabbi” Loren Jacobs spark outrage after synagogue shooting - Vox - Pence is a truly evil man.

Communications And Entertainment Law Blog

Mike Pence and “Christian Rabbi” Loren Jacobs spark outrage after synagogue shooting - Vox

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FCC Releases Draft Order to Eliminate Broadcasters’ Obligations to File Contracts, Relying on Online Public File to Make Documents Available

Broadcast Law Blog

The FCC this week released its draft order proposing to eliminate the requirement that broadcasters file certain contracts relating to ownership and control with the Commission.

Illinois Appellate Court Reinstates Biometric Privacy Action, Finding Potential Harm in Alleged Disclosure of Fingerprint to Outside Vendor

New Media and Technology Law

Late last month, an Illinois appellate court reversed a lower court’s dismissal of biometric privacy claims against a tanning salon franchisee that had collected the plaintiff’s fingerprint to allow entry in its own salon and any L.A. Tan salon location nationwide. ( Sekura v. Krishna Schaumburg Tan, Inc. 2018 IL App (1st) 180175 (Ill. 28, 2018)).

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RIP Paul Allen

Music Technology Policy

Paul Allen was a co-founder of Microsoft and hence a “tech billionaire.” ” But he used that wealth to make a contribution to music in smart and lasting ways through supporting music in Seattle and by doing so being an important voice for our business whether we knew it or not. And of course he was a sailor, making great contributions on and below the surface.

The Committee To Project Journalists' Global Impunity Index For 2018

Media Law Prof Blog

The Committee to Protect Journalists has published its Global Impunity Index for 2018, a list which indicates the countries in which governments tolerate the murder of members of the media. At the top of the list is Somalia, followed by

Breaking Practice Management News: Tabs3 Acquires CosmoLex to Expand in the Cloud

Media Law

There is major acquisition news today involving practice management technology. Software Technology LLC, developer of Tabs3 Software , a leading desktop law practice management program, has acquired CosmoLex , one of the leading cloud-based practice management platforms.

Republican House Majority Leader Confirmed That Trump's Threat To End Birthright Citizenship By An Executive Order Was An Obvious Lie.

Communications And Entertainment Law Blog

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Long-Form Applications Due November 5 for FM Translators for AM Stations

Broadcast Law Blog

Earlier this year, there was a settlement window for mutually exclusive applications in the FCC’s application window for new FM translators for Class A and B AM stations. The FCC yesterday released a list of the applications that are now grantable as a result of conflict resolutions filed during that settlement window.

Biometric Suits Continue, Including Recent Action Against IoT Company

New Media and Technology Law

Last December, we noted the continuing robust wave of Illinois biometric privacy suits.

Arithmetic on the Internet: The Ethical Pool Solution to Streaming Royalty Allocation — Music Tech Solutions

Music Technology Policy

“Sick of my money funding crap.” A Fan’s Tweet. Subscription services are one of the few secular trends in the current economy that is not yet reactive to trade wars or interest rates. Subscription services are found in many areas of the economy, but music drives some of the big ones like Spotify, Amazon and Apple. But when fans find out that their money gets paid for music they never listen to performed by artists they would never listen to, it may give cord cutting a whole new meaning.

West on Presidential Attacks on the Press @sonjarwest @UGASchoolofLaw

Media Law Prof Blog

Sonja West, University of Georgia School of Law, is publishing Presidential Attacks on the Press in the Missouri Law Review. Here is the abstract. President Donald Trump’s habit of hurling invectives at the press is disturbing. It undermines the work

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Breaking: Clio Acquires CRM Platform Lexicata, Will Launch New CRM Product, Clio Grow

Media Law

Kicking off his company’s Clio Cloud Conference in New Orleans this morning, cofounder and CEO Jack Newton announced that Clio has acquired Lexicata , the cloud-based client-intake and client relationship management platform.

Pittsburgh Protester To Trump: ‘You're The One Who Can Stop’ These Trage.

Communications And Entertainment Law Blog

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Demands to Pull Attack Ads in the Closing Days of the Election – What is a Station to Do?

Broadcast Law Blog

As we approach Election Day, the political ads seem to be getting more and more frequent, and often more and more nasty. We provided this overview of what a station should do when it gets an attack ad two years ago, and the ads have not become kinder in the intervening period, so we will publish it again (with a few revisions).

Mainstream Media Reports On Trump's Persisting Anti-Press Message

Media Law Prof Blog

The Washington Post reports on Trump's continuing anti-mainstream media rhetoric here (subscription may be required) as does CNN here

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Lakier on Imagining an Antisubordinating First Amendment @UChicagoLaw

Media Law Prof Blog

Genevieve, Lakier, University Lakier, University of Chicago Law School, is publishing Imagining an Antisubordinating First Amendment in volume 119 of the Columbia Law Review (2018). Here is the abstract. Over the past forty years, the political economy of the First

Myhand on Redefining the Reasonable Person in Police Encounters @UALawSchool

Media Law Prof Blog

Taurus Myhand, University of Alabama School of Law; American Bar Association, Journal of the Legal Profession, is publishing Redefining the Reasonable Person in Police Encounters: The Impact of the Mainstream News Media's Portrayal of Modern Police Conduct in the University

Facebook Now Facing Claims of Fraud In Lawsuit Over User Video Viewing Metrics

Media Law Prof Blog

Some advertisers are suing Facebook over what they say is overestimation of user video viewing, which they say meant advertisers were more inclined to pay for video ads on Facebook than on other social media. Plaintiffs now allege that Facebook

Aswad on The Future of Freedom of Expression Online

Media Law Prof Blog

Evelyn Aswad, University of Oklahoma College of Law, is publishing The Future of Freedom of Expression Online in the Duke Law & Technology Review. Here is the abstract. Should social media companies ban Holocaust denial from their platforms? What about

A Companion to the History of American Broadcasting (Wiley, 2018) @joshshepperd

Media Law Prof Blog

New(ish): From August 2018: A Companion To the History of American Broadcasting (Aniko Bodroghkozy, ed., Wiley, 2018

Arpaio Suing NYT and Reporter for Defamation, Tortious Interference, and False Light

Media Law Prof Blog

Via Politico and The Hill: Joe Arpaio, who recently ran for Congress, is now suing the New York Times and reporter Michelle Cottle for defamation, tortious interference with prospective business relations, and false light over Ms. Cottle's article "Well, At

Pen American Center Files Lawsuit Against Trump For Violation of First Amendment Protections

Media Law Prof Blog

PENAmerica is suing Donald Trump over certain acts that he has taken as President and comments that he has made while in office that PEN alleges that have "violated the First Amendment and his oath to uphold the Constitution." Among