2019

The Trouble with Tunes – approaches to using music in podcasts (Podcast Movement 2019)

Gordon P. Firemark

Thursday afternoon, I'll be presenting my talk at Podcast Movement in Orlando. I'll be outlining the various ways in which music can be used by podcasters, where the music may come from, and the complex web of copyright and licensing issues that have historically made using commercial music both difficult and costly. Then, I'll sound the call for a simpler approach, and reflect briefly on some promising new developments in the space.

A Sad State of Affairs: Senator Wyden’s Secret Hold on CASE Act Comes to Light

Music Technology Policy

Karl Herchenroeder reports in Communications Daily that Oregon Senator Ron Wyden has placed a “hold” on the CASE Act (the legislation creating a copyright small claims court), which essentially stops it from moving forward. We had heard this hold was in place long ago, and Rep. Zoe Lofgren (D-Google) had foreshadowed it during the House Judiciary Committee mark up of the CASE Act on September 16. In response to Rep. Lofgren’s threat, Rep.

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McKenna on Dilution and Free Speech in the U.S.--Reprise @markpmckenna

Media Law Prof Blog

Mark P. McKenna, Notre Dame Law School, has published Dilution and Free Speech in the U.S., Reprise. Here the abstract. This Chapter address the topic of trademark dilution — the additional protection granted to famous trademarks under United States (U.S.

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.

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).

FCC Incubator Order Becomes Effective Just as Third Circuit Hears Arguments on 2017 Order Relaxing FCC Broadcast Ownership Rules

Broadcast Law Blog

The Office of Management and Budget, acting pursuant to the Paperwork Reduction Act, has just approved the FCC’s broadcast incubator program , about which we wrote here. That approval makes the program effective. The program permits an established broadcaster to provide assistance to a new broadcaster (generally, a qualified small business) to enter the radio broadcast industry.

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

Communications And Entertainment Law Blog

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More Trending

Actor’s Equity On Strike: What’s it all about?

Gordon P. Firemark

If you've been planning to develop your plays and musicals using professional actors in a “developmental” production environment, you may have to put your plans on hold. Earlier this week, the union declared a strike against members of the Broadway League (the association that represents producers) on development of Broadway shows. The Union's action bars its members from taking part in the so-called.

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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.

I have a new podcast for showbiz professionals!

Gordon P. Firemark

A few weeks ago, I quietly began releasing episodes of a new podcast, called More, Better, Faster! Success Strategies for Show Business Professionals.

Do this for your business before the holidays get in the way.

Gordon P. Firemark

Thanksgiving, and the Winter holiday chaos that ensues are just around the corner. Once they arrive, most non-retail businesses can expect things to go into a sort of “standby” mode until after the new year. the entertainment industry, in particular, goes pretty quiet at this time of the year. A few to-dos. So, before the holidays really start getting in the way, here are a few to-do items you might consider to make sure your business hits the ground running in the New Year.

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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Call For Nominations: Harry W. 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 2018 Harry W. Stonecipher Award

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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Personal Email Management Service Settles FTC Charges over Allegedly Deceptive Statements to Consumers over Its Access and Use of Subscribers’ Email Accounts

New Media and Technology Law

This week, the FTC entered into a proposed settlement with Unrollme Inc. Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes. The FTC alleged that Unrollme made certain deceptive statements to consumers, who may have had privacy concerns, to persuade them to grant the company access to their email accounts. ( In re Unrolllme Inc. File No 172 3139 (FTC proposed settlement announced Aug. 8, 2019).

Elimination of Requirement that Broadcasters Post Their Licenses Becomes Effective

Broadcast Law Blog

As we wrote here , at the FCC’s December meeting, the FCC was scheduled to adopt an order eliminating the requirement that broadcasters post a physical copy of their licenses and other instruments of authorization at their control points or transmitter sites. In fact, the Commission adopted that order before the meeting, and it today published the order in the Federal Register , meaning that it is effective as of today.

Report: Bloomberg used prison labor for campaign calls. Irony of irony, Mr. “Stop and Frisk” using prison labor.

Communications And Entertainment Law Blog

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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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Shiver me Timbers

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/115.

It’s Criminal, I Tell Ya!

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/113. Yamashita v. Scholastic Inc., 17-1957 (2d Cir.

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Dark Horses, Study Guides & Supertitles

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/112. Here's what we talked about. KATY PERRY LOSES DARK HORSE CASE . Gigi Hadid beats Instagram copyright lawsuit . Narkiewicz-Laine v. Doyle (Stored Artwork destroyed by landlord) . KAUFFMAN V.

Gordon Firemark named among the Best Lawyers in America

Gordon P. Firemark

Entertainment Attorney Gordon Firemark. For the fourth year in a row, Gordon Firemark has been selected by his peers for inclusion in The Best Lawyers in America for his work in Entertainment Law – Theater. “I'm grateful for this recognition. It really validates what I've been doing” says Gordon who describes his mission as Helping Entertainment Professionals Realize Their Dreams.

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.

Mills and Harclerode on Privacy, Mass Intrusion and the Modern Data Breach @UFLaw

Media Law Prof Blog

Jon L. Mills and Kelsey Harclerode, both of the University of Florida College of Law, have published Privacy, Mass Intrusion and the Modern Data Breach at 69 Fla. 771 (2018). Here is the abstract. Massive data breaches have

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.

Bipartisan Facial Recognition Privacy Bill Introduced in Congress

New Media and Technology Law

Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “ Commercial Facial Recognition Privacy Act of 2019 ,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use of facial recognition technology to identify and track consumers without consent. The bill, as drafted would place limitations on the third-party sharing of collected faceprint data, as well as require covered entities to meet certain minimum data security standards.

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.

Dems Ramp Up Call For Impeachment Witnesses Following 'Explosive' Emails.

Communications And Entertainment Law Blog

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Special Episode: Iancu v. Brunetti (USSC deals with FUCT trademark)

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. Iancau v. Brunetti-SCOTU S. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Special Episode: Iancu v. Brunetti (USSC deals with FUCT trademark) originally appeared on Entertainment Law Offices of Gordon P. Firemark.

Drug Kingpins and Cartoon Frogs.

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. SUPREME COURT: BANKRUPTCY DOES NOT TERMINATE A LICENSE (FOLLOW-UP) THE COPYRIGHT TRIAL THAT ALMOST WAS… “PEPE THE FROG” QUICK COVERAGE OF SHAKEUP AT BLOOM, HERGOTT APPLE V.

The Merry Month of May

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. MORAL RIGHTS (quick) FOURTH CIRCUIT SAYS FAIR USE ISN’T TO PROTECT LAZY APPROPRIATORS ANTI-TRUST AS A DEFENSE TO COPYRIGHT INFRINGEMENT?

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Ten Years and Going Strong!

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. EMAIL FROM PREVIOUS CONTRIBUTOR Jessica Leano: PINKERTONS DROP SUIT ARTICLE 11 AND 13 GET APPROVED IN THE EU ARIANA AND GIGI WHO OWNS A PICTURE OF THEMSELVES?

Doin’ The Copyright Registration Dance

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. SCOTUS RULES ON WHEN TO FILE SUIT EU REVOKED MCDONALDS BIGMAC TRADEMARK: BURGER KING HAS FUN AT MCDONALDS EXPENSE NOMINATIVE FAIR USE FOR WEBCAST NAME (TIE TO FANDOM PODCASTS?) MAHONEY: FIRING A PERSON IS FREE SPEECH ‘STAR TREK'/DR.

20 Questions for New Artists Sidebar: The Economic Reality of Streaming

Music Technology Policy

Streaming is all the rage. But–it is cannibalizing higher margin goods, even digital goods. Because of the industry standard revenue share method of dividing up royalties, all artists essentially get a market share allocation of streaming service revenue based on the number of streams. Plus, with some exceptions, your royalty rate is dependent on factors you have no control over.

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

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.

City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data

New Media and Technology Law

Yesterday, Los Angeles City Attorney Mike Feuer filed an unfair competition lawsuit on behalf of the People of the State of California against the operator of the popular Weather Channel app (“TWC app”) for allegedly failing to conspicuously disclose to users that the TWC app collects and shares users’ mobile geolocation data. People v. TWC Product and Technology, LLC (Cal. Super., County)).