December, 2019

Is your Podcast subject to COPPA?

Gordon P. Firemark

Recently, many YouTube creators have struggled with/complained loudly about the platform’s new rules for designating content directed at children. This, of course has led podcasters, too to become concerned and to wonder whether COPPA applies to them.

Score One for the Serfs: Copyright Royalty Judges Mandate MLC/DLC “Settlement”…With a “But”

Music Technology Policy

Always read the footnotes. Remember how we all were told that the services were going to pay for the administrative costs of operating the Mechanical Licensing Collective under the Music Modernization Act.

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LawNext Episode 58: Jim Sandman, President of the Legal Services Corporation

Media Law

Jim Sandman may be one of the most impassioned advocates in the United States for ensuring access to justice for all. As president of the Legal Services Corporation since 2011, he oversees an organization that funds free civil legal services to more than 130 legal aid programs throughout the country.

CALL FOR NOMINATIONS: STONECIPHER AWARD FOR DISTINGUISHED RESEARCH ON MEDIA LAW AND POLICY

Media Law Prof Blog

CALL FOR NOMINATIONS: HARRY W. STONECIPHER AWARD FOR DISTINGUISHED RESEARCH ON MEDIA LAW AND POLICY The Law and Policy Division of the Association for Education in Journalism and Mass Communication (AEJMC) seeks nominations for the 2019 Harry W. Stonecipher Award

Evangelicals And Trump: Facing A Final Split? | AM Joy | MSNBC

Communications And Entertainment Law Blog

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Reflections on 2019 in Technology Law, and a Peek into 2020

New Media and Technology Law

It is that time of year when we look back to see what tech-law issues took up most of our time this year and look ahead to see what the emerging issues are for 2020. Data: The Issues of the Year. Data presented a wide variety of challenging legal issues in 2019. Data is solidly entrenched as a key asset in our economy, and as a result, the issues around it demanded a significant level of attention. Clearly, privacy and data security-related data issues were dominant in 2019.

2019 Year in Review

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 w ww.entertainmentlawupdate.com/116.

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Some Random Tips for Writing Better Blog Posts

Media Law

Over the last couple weeks, I have read and reread hundreds of posts from legal blogs. My reason for doing this was to screen the entries submitted in the inaugural LexBlog Excellence Awards contest, before sending the finalists off to the judging panel that will select the winners.

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Topidi on Words That Hurt: Normative and Institutional Considerations in the Regulation of Hate Speech in Europe @ECMIFlensburg

Media Law Prof Blog

Kyriadi Topidi, European Centre for Minority Issues; Institute of Law and Religion, Faculty of Law, has published Words that Hurt (1): Normative and Institutional Considerations in the Regulation of Hate Speech in Europe as ECMI Working Paper n.118. Here is

Communications And Entertainment Law Blog - Untitled Article

Communications And Entertainment Law Blog

The Buffer At Liberty University, Jerry Falwell Jr. has a secret weapon for muffling student dissent. LYNCHBURG, Virginia— Micah Protzman was a junior at Liberty University the first time he was summoned to David Nasser’s office.

Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated

New Media and Technology Law

Recently, the Ninth Circuit reinstated a $460,000 jury verdict against print-on-demand site Zazzle, Inc. Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored important DMCA safe harbor issues for online print-on-demand services. Greg Young Publishing, Inc. Zazzle, Inc. , 18-55522 (9 th Cir. 20, 2019) (unpublished).

The Copyright Office Should Set Conflict of Interest Policy for the MMA Musical Works Database

Music Technology Policy

[This post originally appeared in the MusicTechPolicy Monthly Newsletter before the announcement of the MLC vendors.]. Title I of the Music Modernization Act is clear about a few things, one of which is the creation of the “musical works database.”

Announcing the Winners of the 2020 ABA TECHSHOW Startup Alley Competition

Media Law

The results are in — all 38,715 of them. Readers have been voting to select the 15 legal technology startups that will get to participate in the fourth-annual Startup Alley at the American Bar Association’s TECHSHOW conference, which is Feb. 26 to 29, 2020, in Chicago.

ALSP Startup Seeks to Disrupt the Hiring, Training and Cost of New Lawyers, While Also Increasing Diversity

Media Law

Few would argue with the proposition that law firm hiring is dysfunctional.

In Unique Partnership, Two Legal Research Companies to Co-Develop Products

Media Law

In The Godfather Part II , Michael Corleone famously said, “Keep your friends close but your enemies closer.”

My Most Popular Posts of 2019

Media Law

The LegalBoard is back, baby! Every year for the past decade, I have compiled a year-end list of my most-popular posts. Two years ago , by a wide margin, my top-viewed post was about the debut of the LegalBoard , a keyboard designed for lawyers.

Duty of Tech Competence Comes to Canada

Media Law

Ever since 2012, when the American Bar Association amended the Model Rules of Professional Conduct to include a duty of technology competence, adoption has spread across the United States , with 37 states having now formally adopted some version of Model Rule 1.1, Comment 8. But the U.S.

Ravel Cofounder Leaves LexisNexis, Joins Axiom Spin-Off Knowable

Media Law

Nicholas (Nik) Reed was two months out of Stanford Law School when he and classmate Daniel Lewis cofounded the legal research company Ravel Law. Becoming its COO, he helped drive its growth.

Breaking: Fastcase and Casemaker Settle Copyright Litigation over Georgia Regs

Media Law

The two legal research companies Fastcase and Casemaker have settled their three-year legal battle over Casemaker’s claims of copyright in Georgia administrative regulations. In federal court in Atlanta, the two companies jointly filed a stipulated dismissal of the matter.

And Now Another State Adopts Duty of Tech Competence, Bringing Total to 38

Media Law

When it rains it pours. Earlier today, I wrote about adoption of the duty of technology competence by the Federation of Law Societies of Canada. Now comes word of another U.S. state adopting the duty, bringing the total number of states to 38.

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AALL Plans Startup Area At Annual Conference; Invites Applications

Media Law

For the first time at its 2020 annual conference, the American Association of Law Libraries will dedicate a portion of its exhibit hall to featuring startups and emerging companies in the legal information field.

AI Contract Management Company Evisort Raises $15M to Drive Next Phase of Growth

Media Law

It has been quite a year for legal tech startup Evisort. Twelve months ago this week, the company introduced its flagship product, Document Analyzer, a cloud-based AI and text-mining application that helps enterprises analyze and manage their contracts.

Happy Holidays and David’s Copyright Office Comments — The Trichordist

Music Technology Policy

We wanted to wish all our readers happy holidays and thank you again for supporting the Trichordist! As some of you may know, the Copyright Office comment period for MLC regulations just closed.

Google Says Don’t Break the Internet–Again–this time to Oracle at SCOTUS

Music Technology Policy

His Master had told him to call for help should a Wolf attack the flock, and the Villagers would drive it away. So now, though he had not seen anything that even looked like a Wolf, he ran toward the village shouting at the top of his voice, “Wolf! Wolf!”.

Churchill and Roosevelt Christmas 1941

Music Technology Policy

Christmas of 1941 were some of the darkest days in modern history for lovers of freedom.

Call for Proposals from Senior Vising Research Scholars: Knight First Amendment Institute @knightcolumbia

Media Law Prof Blog

From the Knight First Amendment Institute at Columbia University The Knight Institute welcomes proposals on a rolling basis from scholars interested in collaborating with the Institute on substantial projects relating to the Institute’s mandate. The Institute’s Senior Visiting Research Scholar

Are US Trade Negotiating Objectives Regarding Digital Responsibility and Copyright Protection Evolving? (What the 800 Pound Gorilla Really Wants is Important for the Trade Partners of the US) — Hugh Stephens Blog

Music Technology Policy

When you negotiate with the 800 pound gorilla, the gorilla usually gets what it wants. Therefore exactly what it wants can be very important.

Repost: The American Law Institute’s Restatement Scandal: The Futility of False “Unity”

Music Technology Policy

[Editor Charlie sez: This is a post from 2/6/18 with an update from this week as noted. MTP readers also might want to re-read this post about Spotify lawyer’s gratuitous attack on David Lowery.].

Scottish Parliament To Consider Draft Bill On Defamation

Media Law Prof Blog

The Scottish Parliament is set to consider a draft Defamation bill, the Defamation and Malicious Publication (Scotland) Bill. The drafters intend to codify the treatment of defamation, which is now "spread across several statutes and areas of common law," according

The 10 Most Popular LawNext Podcasts of 2019

Media Law

In my LawNext podcast , I have conversations with the “innovators and entrepreneurs who are driving what’s next in law.” ” Here are the 10 episodes that were most popular during 2019. Note: This reflects unique downloads during 2019. It is not the most popular of all time.

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As if it weren’t hard enough: @TheFOWShow Covers the Direct Shot Supply Chain Debacle

Music Technology Policy

If you are lucky enough to have an independent record store in your community today (mine is the fabulous Waterloo Records) , you may not realize just how lucky you really are. For an independent record store to have survived the last 20 years is something of a modern miracle. (I I think the Waterloo story should be a Harvard Business School case study, frankly.). It’s also important to realize that physical configurations contributed to 25% of global recorded music revenues in 2018.

Startup Alley Voting Ends Friday; Here Are the Standings So Far

Media Law

Friday is the last day to cast your vote to select the 15 legal technology startups that will participate in the fourth-annual Startup Alley at ABA TECHSHOW 2020.

LawNext Episode 57: Jeroen Plink, CEO, Clifford Chance Applied Solutions

Media Law

Jeroen Plink was named in 2018 as CEO of Clifford Chance Applied Solutions , a subsidiary of the international law firm Clifford Chance that designs and develops software to address clients’ business challenges.

LawNext Episode 59: LawClerk Cofounder Greg Garman on Changing-Up the Model for Small Firms

Media Law

It was an epiphany, of sorts, for Greg Garman. In 2015, after 18 years at the same firm, including several as managing partner, he came to believe that most firms operated under a broken business model.

Losing the News: A New Publication from PEN America @PENAmerica

Media Law Prof Blog

A new publication from PEN America: Losing the News: The Decimation of Local Journalism and the Search for Solutions. From the introduction: The decimation of local news in recent years—specifically the hollowing-out of newspapers and other vital reporting outlets at

NRA Collapsing Under Scandal, Criminal Investigation | Rachel Maddow | M.

Communications And Entertainment Law Blog

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E-Mails Show Racism Stephen Miller Brought To Trump White House | Rachel.

Communications And Entertainment Law Blog

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