April, 2021

Google’s Fair Use, Warhol’s isn’t… or is it?

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 www.entertainmentlawupdate.com/132.

BYU Law Students Develop Web Resource To Address Flaws In Expungement Process

LawSites

Eight students in the LawX legal design lab at BYU Law have developed an online resource, called Goodbye Record , that is designed to address flaws in the process for expunging criminal records in Utah and potentially other states as well.

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Smith on Copyright Silencing @CathaySmith

Media Law Prof Blog

Cathay Smith, University of Montana School of Law, has published Copyright Silencing at 106 Cornell Law Review Online 71 (2021). Here is the abstract. This essay highlights a practice I call “copyright silencing,” which is the use of copyright to

Hell Has Frozen Over: Apple Joins the Competition on Artist Royalty Payments with Some Good Karma

Music Technology Policy

As an old sailing master once said, two boats on the water is a race. For once, the prize may be which streamery can treat artists better than their competitor. What do SoundCloud and Apple have in common? Or said another way, what does Spotify not have in common with SoundCloud and Apple? Of all the different ways that each of these licensed platforms try to compete with each other, SoundCloud and Apple have started competing on how fairly they pay the artists. We like it.

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Online Dispute Resolution Service FairClaims Takes On AAA and JAMS with New Offering

Media Law

The online dispute resolution service FairClaims is taking on established commercial arbitration services such as JAMS and the American Arbitration Association with a new offering that it says will resolve disputes far faster and at a fraction of the cost.

FCC Announces that Window to Apply for New Noncommercial FM Stations Will Open in November

Broadcast Law Blog

The FCC released its decision to limit to 10 the number of applications that can be filed by one party in the next window for new noncommercial FM stations in the reserved FM band (those channels below 92.1 on the FM dial). No party can have attributable interests in more than 10 applications filed in the window. By making this decision, the FCC cleared the way for the window itself, which was first hinted at last summer (see our article here ).

New details emerge about investigation into Giuliani

Communications And Entertainment Law Blog

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More Trending

Corbin on Government Speech and First Amendment Capture @CarolineMCorbin @VirginiaLawRev

Media Law Prof Blog

Caroline Mala Corbin, University of Miami School of Law, is publishing Government Speech and First Amendment Capture in the Virginia Law Review Online (2021). Here is the abstract. Alarm regarding government speech is not new. In earlier decades, scholars worried

The Charlatan’s Bookends: The Inventor and WeWork

Music Technology Policy

There was a time, not so long ago, when there was a place called the Santa Clara Valley in Northern California. It was a handful of middle class towns below South San Francisco and Daly City (immortalized in the classic rich hippie sneer as “little boxes on the hillside’).

New Site Connects Consumers to Lawyers For Instant Video Consultations

Media Law

Finding a lawyer to consult with remains an intimidating proposition for many consumers. They don’t know who to call or what it might cost them.

Reminder: Issue Ads Require Public File Disclosures Even Outside Political Windows

Broadcast Law Blog

Back in January, we reminded broadcasters that state and local elections , even those held in “off-years” like 2021, still fall within the FCC’s political broadcasting rules.

Washington Post: Giuliani Disregarded U.S. Intel Fears That He Was Being.

Communications And Entertainment Law Blog

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VC Tim Draper Invests $1M In Blockchain-Based Dispute Resolution Platform

LawSites

Billionaire venture capitalist Tim Draper , known for early investments in companies such as Twitter, Skype and DocuSign, has invested $1 million in seed capital in Jur , a blockchain-based dispute resolution platform founded in Switzerland.

Tackling the "Fake" WIthout Harming the "News": A Paper Series on Regulatory Responses to Misinformation

Media Law Prof Blog

Wikimedia/Yale Law School Initiative on Intermediaries and Information has published Tackling the 'Fake' Without Harming the 'News': A Paper Series on Regulatory Responses to Misinformation (2021). Here is the abstract. Around the world, an increasing number of governments are responding

Here to Help: Small Business Administration’s Shuttered Venue Operator’s Grant Portal is Still Down

Music Technology Policy

The eight most terrifying words are “We’re from Washington and we’re here to help.” ” Notwithstanding the appropriation of billions in revenue, the SBA’s application portal for the Shuttered Venue Operators Grant is still not up and running.

Lawyerist Makes Strategic Investment In Law Firm Brokerage Business

Media Law

Lawyerist , a company that offers business resources and coaching for small law firms, has made a strategic investment in The Law Practice Exchange , a company that facilitates the buying and selling of law practices.

Missing Music On Streamed TV Programs Highlights Rights Issues for Podcasters and Video Producers

Broadcast Law Blog

Last week, the NY Times ran an interesting article, here , about how many old TV programs now available on streaming services are missing music that was featured on the original broadcast.

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Biden's First 100 Days

Communications And Entertainment Law Blog

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Top 3 Ways To Help Your Law Firm Save Money

LawSites

Do you feel like your law firm is hemorrhaging money? Maybe it is and you don’t even realize it. Take the time to evaluate how your firm operates and identify how you can help stop the bleed. Top three ways to save: 1) Don’t duplicate effort or function.

Smith on Weaponizing Copyright @CathaySmith @umontanalaw

Media Law Prof Blog

Cathay Smith, University of Montana School of Law, is publishing Weaponizing Copyright in volume 35 of the Harvard Journal of Law & Technology. Here is the abstract. Copyright grants authors exclusive rights in their works in order to encourage creation

COVID Misery Index Rent is Too Damn High Edition

Music Technology Policy

Post-Pandemic Growth of Spotify Stock Compared to Facebook, Amazon, Apple, Netflix and Google 1/1/20-4/13/21.

Casey Flaherty Leaves Baker McKenzie To Join Legal Tech Collective LexFusion

Media Law

Casey Flaherty , who for the last two years has been director of legal project management at global law firm Baker McKenzie, and who developed the Procertas technology training and benchmarking platform, has joined LexFusion , a go-to-market collective of legal technology companies launched last October.

A New TV Station in Your Future?  Lifting of TV Freeze Brings Proposals for New Allotments

Broadcast Law Blog

While the pandemic has focused much attention on streaming television services, at least some companies believe that over-the-air television still has a future, as evidenced by recent proposals to allocate new TV channels which, if adopted, could result in brand new TV stations. As we wrote here , last year the FCC lifted the freeze on applications for new TV allotments and for changes in existing stations, as the repacking of the TV band following the incentive auction has finally ended.

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Why I Got Arrested in Ethiopia!

Communications And Entertainment Law Blog

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Asia-Pacific Legal Association Partners with Theorem LTS to Launch Membership Portal and Legal Tech Marketplace

LawSites

The Asia-Pacific Legal Innovation and Technology Association (ALITA) and legal tech startup Theorem LTS have partnered to develop and launch ALITA’s new online membership portal.

RCFP Seeks Pro Bono Director For New Media Law Network @rcfp

Media Law Prof Blog

The Reporters Committee for Freedom of the Press is accepting applications for a Pro Bono Director to run a media law network to support local journalists. More information about the position and the newly established media law network here

What the MLC Can Learn from Orphan Works

Music Technology Policy

This post first appeared in MusicTech.Solutions. As you may be aware, The MLC recently received $424 million as payment of the “inception to date” unmatched mechanical royalties held at a number of streaming platforms, sometimes called the “black box.”

Former Legal Tech Founder Sentenced To Seven Years In Prison For Fraud, Forgery

Media Law

Between 2016 and 2018, I wrote a series of posts about Derek Bluford, a one-time rising star on the legal tech start-up scene whose star fell after I reported in 2016 of his settlement of a lawsuit charging him with impersonating a lawyer, forging legal documents and fraudulently swindling two clients.

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Congressional Letter to FCC on CALM Act Violations Puts Focus on FCC Enforcement Issues

Broadcast Law Blog

As we highlighted yesterday in our weekly summary of regulatory issues for broadcasters, last week saw a letter from Congresswoman Anna Eshoo to the FCC asking for the FCC to review the enforcement of the rules established by the CALM Act , which prohibits loud commercials on TV stations. The letter cites news reports of thousands of complaints annually to the FCC since the rule’s adoption in 2012 without there ever having been an enforcement action against a station for any violation.

Biden’s plans are ‘once in a lifetime’ chance to end global tax abuse, says OECD boss Ángel Gurría says international deal is within striking distance and could be signed this summer

Communications And Entertainment Law Blog

Biden’s plans are ‘once in a lifetime’ chance to end global tax abuse, says OECD boss “Ángel Gurría says international deal is within striking distance and could be signed this summer Richard Partington Ángel Gurría is secretary-general of the Organisation for Economic Co-operation and Development.

How It Works: Ironclad’s Contract Lifecycle Management Platform

LawSites

Tadeg and Shiferaw: Reflections on Ethiopia's Media Law Reform

Media Law Prof Blog

Mesenbet Assefa Tadeg, Addis Ababa University School of Law, and Solomon Shiferaw, Program Officer, International, Media Support (IMS)-Fojo Ethiopia, have published Reflections on Ethiopia's Media Law Reform. Here is the abstract. Freedom of expression and the media is a lifeblood

Honesty in Our Favor: HFA Loses Attempt to Exit Eight Mile Style Case–What implications for MLC?

Music Technology Policy

The Uniform Commercial Code defines “good faith” as “ honesty in fact and the observance of reasonable commercial standards of fair dealing.” ” Spotify was sued by Eight Mile Style and Martin Affiliated, two publishers that control rights in some of the early Eminem repertoire, including Lose Yourself. Remember that earlier this year, Spotify announced with great fanfare that Lose Yourself was streamed over 1 billion times on the platform.

Four Virtual Legal Innovation Events Worth Attending This Month

Media Law

April brings an embarrassment of riches when it comes to virtual conferences focused on innovation in law.

May Regulatory Dates: Auction Applications for AM and FM Construction Permits for New Radio Stations, New DTS Rules, License Renewals and More

Broadcast Law Blog

May is somewhat lighter on broadcast regulatory dates and deadlines than some recent months, but there are still dates to note. Among other things, the FCC will begin the process of auctioning 140 construction permits for new AM and FM radio stations across the country.

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The CDC’s New Mask Guidelines Make No Sense | The Daily Show

Communications And Entertainment Law Blog

As Everlaw Kicks Off First Conference, It Reports Record Growth for its Cloud E-Discovery Platform

LawSites

The cloud-based e-discovery and litigation platform Everlaw today kicks off Illuminate 2021 , its first industry conference, and as it does, it is reporting a year of record growth.