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.

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.

At $1.1 Billion, 2019 Is A Record Year for Legal Tech Investments — And It’s Only September

Media Law

For the first time last year, annual investment in legal technology companies reached $1 billion. This year, legal tech investments have already surpassed that, totaling at least $1.1 billion to date — a record for annual investment in legal technology, and with three months still to go before year end. I surveyed investments in legal technology this year and found a total of $1,095,215,968 invested to date.

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.

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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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.

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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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. COPPA, which stands for Child Online Privacy Protection Act, was enacted by the U.S. Congress in 1998 and has undergone some revision, most recently in 2013. The law can be found at Title 15 U.S. Code §?6506.

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

#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. Let’s start with what many were thinking: Orlando in August? I mean, WTF? But, guess what – the weather gods cooperated and kept any significantly stifling heat at bay.

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.

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.

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.

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

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. As a frequent speaker and advocate, he forcefully makes the case for equal access to justice.

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.

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.

2019 – Off to a great start!

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.

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.

20 Questions for New Artists Part 7: Sound Recording Aggregators

Music Technology Policy

[From 20 Questions for New Artists by Chris Castle and Amy Mitchell]. An independent artist is practically required to sign up with an aggregator in order to have your works serviced to many online outlets–some aggregators service hundreds of different retailers. (So So one example of a pre-existing contract under Question #10 may be a band member’s contract with a sound recording aggregator.).

Why Creators Should Care About Google v. Oracle in the Supreme Court–@artistrights Watch

Music Technology Policy

There’s a case shaping up in the U.S. Supreme Court that I haven’t paid too much attention to–but suddenly realized it’s something we should all care about because it could set precedent for fair use cases for decades to come: Google v. Oracle.

Sixth Circuit Affirms Lower Court Ruling Dismissing Defamation Suit Against New York Times

Media Law Prof Blog

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

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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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)).