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The Trouble with Tunes – approaches to using music in podcasts (Podcast Movement 2019)
Gordon P. Firemark
AUGUST 13, 2019
Thursday afternoon, I'll be presenting my talk at Podcast Movement in Orlando.
2019
A Sad State of Affairs: Senator Wyden’s Secret Hold on CASE Act Comes to Light
Music Technology Policy
OCTOBER 29, 2019
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.
McKenna on Dilution and Free Speech in the U.S.--Reprise @markpmckenna
Media Law Prof Blog
APRIL 29, 2019
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.
#ILTACON19: Post-Mortem Notes, Musings and Observations
Media Law
AUGUST 23, 2019
Home now from ILTACON , the annual conference of the International Legal Technology Association. It is five frenetic days of seminars, exhibitors and networking by legal technologists and vendors from all over the world. Here are some of my somewhat-random thoughts about the event.
City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data
New Media and Technology Law
JANUARY 4, 2019
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.
FCC Incubator Order Becomes Effective Just as Third Circuit Hears Arguments on 2017 Order Relaxing FCC Broadcast Ownership Rules
Broadcast Law Blog
JUNE 12, 2019
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.
Actor’s Equity On Strike: What’s it all about?
Gordon P. Firemark
JANUARY 10, 2019
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.
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NRA Collapsing Under Scandal, Criminal Investigation | Rachel Maddow | M.
Communications And Entertainment Law Blog
DECEMBER 26, 2019
Do this for your business before the holidays get in the way.
Gordon P. Firemark
NOVEMBER 14, 2019
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.
Is your Podcast subject to COPPA?
Gordon P. Firemark
DECEMBER 5, 2019
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.
Gordon Firemark named among the Best Lawyers in America
Gordon P. Firemark
AUGUST 15, 2019
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.
Guest Post by @poedavid: “Dance Like Nobody’s Paying?” Spotify isn’t
Music Technology Policy
JULY 15, 2019
[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.
Call For Nominations: Harry W. Stonecipher Award for Distinguished Research on Media Law and Policy
Media Law Prof Blog
FEBRUARY 5, 2019
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
LawNext Episode 58: Jim Sandman, President of the Legal Services Corporation
Media Law
DECEMBER 17, 2019
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.
Digital Currency App’s Electronic User Agreement Held Enforceable
New Media and Technology Law
FEBRUARY 1, 2019
In a recent blog post, we wrote about how the Second Circuit found the arbitration clause in a web service’s terms and conditions unenforceable because the user did not have reasonable notice of the terms that were communicated via a hyperlink in a post-sale email.
Elimination of Requirement that Broadcasters Post Their Licenses Becomes Effective
Broadcast Law Blog
FEBRUARY 8, 2019
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.
I have a new podcast for showbiz professionals!
Gordon P. Firemark
NOVEMBER 19, 2019
A few weeks ago, I quietly began releasing episodes of a new podcast, called More, Better, Faster! Success Strategies for Show Business Professionals.
Another Bad Artist Relations Week for Spotify
Music Technology Policy
JULY 14, 2019
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.
Report: Bloomberg used prison labor for campaign calls. Irony of irony, Mr. “Stop and Frisk” using prison labor.
Communications And Entertainment Law Blog
DECEMBER 24, 2019
20 Questions for New Artists Sidebar: The Economic Reality of Streaming
Music Technology Policy
MAY 16, 2019
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.
What, Me Worry: The Decline of MAD Magazine and David Simon’s Dire Prediction
Music Technology Policy
JULY 6, 2019
The cover of the first magazine issue of MAD in 1955 bore these prophetic words: This magazine is vital for you to read and inside you will find an extremely important message from the editors.
“Purchased Protest” Bombshell: Germany’s FAZ News Uncovers The Seamy Underbelly of Google’s Article 13 Lobbying
Music Technology Policy
MARCH 16, 2019
The usual suspects got caught again. And you can’t have the usual suspects without Keyser Söze.
An Insult to the Heart: Lobbyists Organize Big Tech Rallies in Europe
Music Technology Policy
MARCH 24, 2019
The ghost of Edward Bernays walks the streets of the ancient capitols of Europe.
Mills and Harclerode on Privacy, Mass Intrusion and the Modern Data Breach @UFLaw
Media Law Prof Blog
SEPTEMBER 10, 2019
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
Some Random Tips for Writing Better Blog Posts
Media Law
DECEMBER 13, 2019
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.
Notice of Terms via Buried Link within a Post-Sale Email Unenforceable
New Media and Technology Law
JANUARY 30, 2019
In Starke v. SquareTrade, Inc. , 17-2474, 2019 WL 149628 (2d Cir.
FCC Highlights State EAS Plans – Is Your Station Doing What It is Supposed to Be Doing?
Broadcast Law Blog
JULY 8, 2019
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.
2019 Year in Review
Gordon P. Firemark
DECEMBER 19, 2019
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.
A Look at Christopher Sprigman’s Recent Record
Music Technology Policy
JULY 16, 2019
Sprigman Throws a Definition at Blake Morgan. The Spitting Image of the Modern Major General. MTP readers may remember the name Christopher Sprigman.
Dems Ramp Up Call For Impeachment Witnesses Following 'Explosive' Emails.
Communications And Entertainment Law Blog
DECEMBER 24, 2019
You Furnish Alexa, and He’ll Furnish the War
Music Technology Policy
FEBRUARY 10, 2019
When Hearst Artist Frederic Remington, cabled from Cuba in 1897 that “there will be no war,” William Randolph Hearst cabled back: “You furnish the pictures and I’ll furnish the war.” ” Time Magazine.
Article 13: Let the Investigations Begin
Music Technology Policy
FEBRUARY 14, 2019
It remains to be seen how the legislative process on Article 13 will play out but it’s very clear what the European Parliament’s next step is–investigate how American multinational corporations attacked a duly elected government.
Shiver me Timbers
Gordon P. Firemark
NOVEMBER 20, 2019
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
SEPTEMBER 18, 2019
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.
Sixth Circuit Affirms Lower Court Ruling Dismissing Defamation Suit Against New York Times
Media Law Prof Blog
JULY 19, 2019
The Sixth Circuit affirms a lower court ruling dismissing a defamation lawsuit against the New York Times. An Ohio State University professor sued over a NYT article, but the lower court held, and the 6th circuit agreed, that a reasonable
Announcing the Winners of the 2020 ABA TECHSHOW Startup Alley Competition
Media Law
DECEMBER 9, 2019
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.
New California Court Decisions Showcase Robust CDA Immunity
New Media and Technology Law
JULY 1, 2019
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).
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