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.

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.

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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.

#ILTACON19: Post-Mortem Notes, Musings and Observations

Media Law

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

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.

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

Communications And Entertainment Law Blog

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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.

Trending Topics / Law of Podcasting – Entertainment Law Update Episode 106

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. SHORT DISCUSSION AT THE START LAWSUITS OVER CALL AT RAMS/SAINTS GAME: (Icebreaker-Can we all agree the halftime show needed more Spongebob?)

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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.

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.

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.

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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

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 York Court Finds Warhol Series to be Fair Use of Prince Photograph

New Media and Technology Law

Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 17-cv-2532 (S.D.N.Y.

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.

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.

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.

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.

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.

Mystery Redaction in Spotify Filing for Eight Mile Style Lawsuit

Music Technology Policy

“We never get accustomed to being less important to other people than they are to us.”. Holly Martins in The Third Man by Graham Greene.

What, Me Worry: The Decline of MAD Magazine and David Simon’s Dire Prediction

Music Technology Policy

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.

An Insult to the Heart: Lobbyists Organize Big Tech Rallies in Europe

Music Technology Policy

The ghost of Edward Bernays walks the streets of the ancient capitols of Europe.

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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Digital Currency App’s Electronic User Agreement Held Enforceable

New Media and Technology Law

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.

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

Communications And Entertainment Law Blog

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“Purchased Protest” Bombshell: Germany’s FAZ News Uncovers The Seamy Underbelly of Google’s Article 13 Lobbying

Music Technology Policy

The usual suspects got caught again. And you can’t have the usual suspects without Keyser Söze.

A Look at Christopher Sprigman’s Recent Record

Music Technology Policy

Sprigman Throws a Definition at Blake Morgan. The Spitting Image of the Modern Major General. MTP readers may remember the name Christopher Sprigman.

You Furnish Alexa, and He’ll Furnish the War

Music Technology Policy

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.

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Article 13: Let the Investigations Begin

Music Technology Policy

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

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.

PledgeMusic Winding Up Hearing July 31 in London

Music Technology Policy

It appears that PledgeMusic has not planned on going into administration (like reorganization bankruptcy), at least not since June 13, 2019. Therefore, any statements the company or its representatives have made since that date must be looked at anew.

Silbey and Hartzog on the Upside of Deep Fakes @JSilbey @hartzog

Media Law Prof Blog

Jessica M. Silbey and Woodrow Hartzog, both of Northeastern University School of Law, have published The Upside of Deep Fakes at 78 Maryland Law Review 960 (2019). Here is the abstract. It’s bad. We know. The dawn of “deep fakes

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.

Fair Pay, Fair Fight: Will the Circle Be Unbroken for Artist Airplay Royalties?

Music Technology Policy

The Music Modernization Act brought fairness to pre-72 artists who waited 20 years for the government to confirm what everyone knew—that non interactive digital music services like Pandora and Sirius should be paying them performance royalties like everyone else.