2020

This year, giving thanks is even more important!

Gordon P. Firemark

Each year at this time, we give thanks for the people and experiences that have enriched our lives. But this year, with all that 2020 has dumped on us, I feel it's even more important to take time out to get in touch with gratitude and appreciation for the good things in our lives.

The DLC Finally Confirms (Sort of) How Much is in the MMA Black Box–Bigger than a bread box

Music Technology Policy

We’ve all heard rumors about how much is in the “inception to date” black box at the digital music services. The main reason that nobody knows is another example of the dismal drafting of the Music Modernization Act.

SAG-AFTRA Engages Jonathan Handel as Outside Special Counsel

Digital Media Law

Leaves The Hollywood Reporter; will continue to practice entertainment/tech law; writes at jhandel.news LOS ANGELES (September 8, 2020) – SAG-AFTRA has engaged entertainment/technology attorney and journalist Jonathan Handel as an outside Special Counsel to the union, effective Sept.

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Who Watches the Watchers?

The Legal Satyricon

by Jay Marshall Wolman On May 25, 2020, George Floyd was killed by then-Minneapolis police officer Derek Chauvin during an arrest of Floyd for allegedly using a counterfeit $20 bill to purchase a pack of cigarettes. A 17-year old filmed the arrest and murder, which was then shared and resulted in protests against system racism […].

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20 For 2020: The Legal Tech Trends that Defined the Year

Media Law

Whoa, what the f*&% just happened? This was a year few of us will ever forget. It brought untold hardships for many and unfamiliar challenges for all of us.

Goldman on How Section 230 Enhances the First Amendment @ericgoldman

Media Law Prof Blog

Eric Goldman, Santa Clara University School of Law, has published How Section 230 Enhances the First Amendment in the American Constitutional Society Issue Brief (2020). Here is the abstract. This Issue Brief explores how Section 230 interacts with the First

How to Respond to the SolarWinds “Orion” Supply Chain Attack

New Media and Technology Law

As reported last week, it appears that a state-sponsored security hack has resulted in a major security compromise in widely-used software offered by a company called SolarWinds.

More Trending

Recognized as a Southern California Super Lawyer!

Gordon P. Firemark

I am thrilled to have been recognized as a Southern California Super Lawyer in Entertainment law. I am grateful to my colleagues, clients, friends and family for making it possible to serve at the high level that's made this recognition possible! - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Recognized as a Southern California Super Lawyer! originally appeared on Entertainment Law Offices of Gordon P. Firemark. Entertainment Law Offices of Gordon P.

As the year nears a close, do these things to save money, time, hassle and risk.

Gordon P. Firemark

First off, if you celebrate, let me wish you a Happy Hannukkah! ? ? It's getting to be that time of year when we all sort of wrap up our work activities, and things start to slow down. That makes this a really good time to think about a few tasks that are best done before 2021 begins.

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For the 5th year running, Gordon Firemark named among “Best Lawyers”

Gordon P. Firemark

Gordon Firemark has again been selected by his peers for inclusion in The Best Lawyers in America for his work in Entertainment Law – Theater. “I've always loved helping creatives and entertainers people bridge the gap to build successful businesses. I find this work so very rewarding.”

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A new look at the old standard: “Force Majeure” clauses

Gordon P. Firemark

With Covid-19/Coronavirus causing cancellation of events and transactions around the globe, people are naturally looking at whether they must still perform their contractual obligations and whether they are entitled to refunds of deposits and advance payments they've made. Most contracts do include a so-called “force majeure” clause as part of what's usually considered the boilerplate. Contract language that's fairly universal and non-negotiatiable.

“I don’t need another email whining about COVID”: Austin Landlords Lead the Way into the New Venue-Free Future

Music Technology Policy

When former real estate lawyer and current Austin Mayor Steve Adler cancelled SXSW in February there was one upside. Given his deep experience as a real estate lawyer he would appreciate the vast economic complexities of the sudden contraction of the cash flow to the Live Music Capitol of the World.

Can (and should) producers use COVID-19 waivers from cast and crew to limit their liability?

Gordon P. Firemark

The scenario. An actor client today told me that she’s been asked to sign a document before coming to work on a new project. The waiver expresses all kinds of new protocols for minimizing disease transmission on and around the set, but then it goes on to include a waiver, stating that she understands that there’s still a risk, and is assuming that risk by taking the job, so she promises not to sue or make claims if she gets the disease. she checked in with SAG/AFTRA.

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2020 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 www.entertainmentlawupdate.com/128. AGREEMENT REACHED OVER STREAMING THEATER PERFORMANCES PLATFORM LIABLE FOR USER COPYRIGHT INFRINGEMENT DUE TO FAILURE TO PAY $6.00.

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CDC Says Lawyers and Judges A Priority for Coronavirus Vaccine

Media Law

New guidance from the Centers for Disease Control on who should be first to receive the coronavirus vaccine puts lawyers and other legal professionals near the top of the list.

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NYPD Arrests Journalist For Filming Officers During Arrest

Media Law Prof Blog

NYPD officers arrested Amr Alfiky, a reporter with ABC and Reuters, after he filmed them taking another person into custody. The NYPD claimed he failed to identify himself as a journalist, but video demonstrates that Mr. Alfkiky did identify himself

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Supreme Court Hears Oral Argument in Its First CFAA Case

New Media and Technology Law

On November 30, 2020, the Supreme Court held oral argument in its first case interpreting the “unauthorized access” provision of the Computer Fraud and Abuse Act (CFAA).

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The Final November 3rd Election results which many seditious Americans refuse to accept even though this is was the biggest percentile loss by an incumbent President since 1932. This election was not close.

Communications And Entertainment Law Blog

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This is the Only Question for the Next Head of the Copyright Office

Music Technology Policy

At some point in the coming days, there will be an announcement for the new head of the U.S. Copyright Office. I fully expect that everyone will have their litmus test for whether the new person (called the “Register” for historical reasons that have probably outlived their usefulness).

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In Memory of RBG

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/126. RBG IN MEMORIAM STAIRWAY TO HEAVEN LAWSUIT DENIED CERT SPINAL TAP SETTLES. One-sentence aside) SPINAL TAP SETTLES.

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The Gratitude Episode

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/127. 5 Points VARA DISPUTE DENIED CERT (TWO SENTENCES) TERRENCE HOWARD SUES EMPIRE STUDIO FOR BREACH OF CONTRACT* *BUT REALLY IT’S A SORT OF BIZARRE PUBLICITY CASE.

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Promoting your show with sweepstakes, contests and lotteries

Gordon P. Firemark

Running a contest or a giveaway is a brilliant, and cost-effective way to get your audience engaged and get fresh leads, drive lots of meaningful actions, Attract people to your content, get them to share it, and more. . But it's important to exercise caution and make sure that you're complying with the relevant laws. You want to make sure that what you're doing, the kind of promotion, whether it's a contest or a giveaway doesn't amount to an illegal lottery. .

The CASE Act Passes Congress

Music Technology Policy

If Senator Ron Wyden has learned anything from his efforts to use secret holds and trickery to scuttle the copyright small claims legislation, I hope he’s learned to beware of determined children. Particularly Grace.

In Memory of RBG

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/126. RBG IN MEMORIAM STAIRWAY TO HEAVEN LAWSUIT DENIED CERT SPINAL TAP SETTLES. One-sentence aside) SPINAL TAP SETTLES.

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Asserted Truths

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/125. AMC TO TAKE OVER SHUTTERED THEATERS FALL OUT FROM CONSENT DECREES CONTINUES IN APPELLATE RULINGCentury Theater Owner’s Negotiation Tactics Approved.

LawNext: The Founders of Findlaw and Justia on 25 Years of Making Law Free

Media Law

Twenty-five years ago, in the still-fledgling days of the web, the husband-and-wife team of Tim Stanley and Stacy Stern founded FindLaw and quickly developed it into the most highly trafficked legal site on the internet.

Tushnet on The Kids Are All Right: The Law of Free Expression and New Information Technologies @Mark_Tushnet

Media Law Prof Blog

Mark Tushnet, Harvard Law School, has published The Kids Are All Right: The Law of Free Expression and New Information Technologies. Here is the abstract. Recently the literature on free expression has turned to the question, Should the law of

Thoughtful Presentations of Terms of Use Crucial for Enforceability

New Media and Technology Law

Many online services feature comprehensive terms of use intended to protect their business from various types of risks.

Should 2020 Be Forgotten? A Birmingham Choir Rings Out The Year With “Au.

Communications And Entertainment Law Blog

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Then, Now, Going Forward

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/124. OLIVIA DE HAVILLAND LEGAL OBITUARY PARAMOUNT CONSENT DECREES ENDED WAITE V UMG RECORDINGS (USDC, E.D. New York) MANGO V.

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Generic.coms, Lady A and more…

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/123. GENERIC.COM TRADEMARKS GRANTED LADY ANTEBELLUM VS. LADY A.

You Can’t Copyright the Law

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/121. SUPREME COURT: GEORGIA v PUBLIC RESOURCE, Inc.

REGISTER NOW for the May 2nd Podcaster’s Legal & Business Bootcamp

Gordon P. Firemark

On May 2nd I will be holding my Podcaster’s Legal & Business Bootcamp. The workshop, will be conducted online, so you can attend and participate from the comfort of your home, office or studio. Register Now! This half-day, intensive hands-on workshop is for podcasters who are serious about podcasting as a business (or as part of another business).

The False Double Payment Bottom of the MMA Black Box

Music Technology Policy

The Dog Who Didn’t Bark On the Mirror. There seems to be some concern about pre-MMA confidential lump sum payments of accrued black box monies under direct licenses or settlement agreements. Services are promoting the idea that these payments must be deducted from the cumulative black box payments required for services to get the benefit of the limitation on liability and reach back safe harbor.

Free Online Training for Digital Entrepreneurs

Gordon P. Firemark

Join me for “Keep your digital business legal, protected & growing in challenging times without incurring staggering legal fees” on March 23rd, at 11am (Pacific). In this training, I'll share a step-by-step process for launching, protecting, growing and profiting with your online business.

Resources to help during Covid-19 Crisis

Gordon P. Firemark

Photo by Martin Sanchez on Unsplash. (no, no, I don't have a secret resource for T.P.). But here are a few useful links.: ? The Freelancer’s Guide to The CARES Act: New Funds and Benefits (from my friend and client Abbey Woodcock) ? What freelancers need to know about the coronavirus ? ? Where entertainment industry workers can go for help (LA Times) ? Financial Help for Hollywood workers (Variety.com) ? California EDD (Unemployment Insurance claims, etc.) ?

Legal Research Company ROSS to Shut Down Under Pressure of Thomson Reuters’ Lawsuit

Media Law