ABA Issues Major Ruling on Ethics of Email and Electronic Communications

Media Law

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility has issued a major new opinion providing guidance on the steps lawyers should take to protect client confidentiality in electronic communications. The new opinion, Formal Opinion 477 (embedded copy below), updates Formal Opinion 99-413, issued in 1999, to reflect changes in the digital landscape as […].

Beware of the Trademark and Copyright Issues in Ads and Promotions Involving the Super Bowl

Broadcast Law Blog

Both copyright and trademark issues can arise at Super Bowl time. Trademark is usually the biggest concern, as there are always issues when broadcasters and advertisers don’t watch their commercials and promotions to avoid improper uses of a trademarked phrase like “Super Bowl.” First the trademark issues that arise not only with the Super Bowl , but also with other big brand events like March Madness which will begin to be hyped soon after the Super Bowl.

Donald Trump, 'Access Hollywood' and 'The Apprentice': The Legal Issues Behind the Tapes

THR, Esq. Entertainment & Media Law Blog

Bill Pruitt, a producer on the first few seasons of the show, tweeted Saturday about the 'Access Hollywood' tapes: "I assure you: when it comes to the #trumptapes there are far worse. justthebeginning." Reached on Saturday, Pruitt declined to elaborate. read more. THR, Esq.

Tomorrow: Twitter Chat on Ethics Issues in Client Communications

Media Law

Do you have attachment issues? Eastern, Above the Law (@atlblog) and I (@bobambrogi) are hosting a Twitter chat, sponsored by Citrix (@sharefile), called “Attachment Issues: Ethics of Client Communications for Lawyers.” The post Tomorrow: Twitter Chat on Ethics Issues in Client Communications appeared first on Robert Ambrogi's LawSites. Email attachments, that is. Or questions about encryption, client portals and other forms of client communications?

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Sumner Redstone Settlement Delay "Not Over Monetary Issue"

THR, Esq. Entertainment & Media Law Blog

"We remain hopeful that we can resolve our differences," says Manuela Herzer's attorney. "A A settlement is in everyone's best interests." read more. THR, Esq. The Business Business THR Online

The Weinstein Co.'s "Precarious" Financial State Becomes Issue in Lawsuit

THR, Esq. Entertainment & Media Law Blog

Fighting for money promised for the animated TV series 'David the Gnome,' the plaintiffs want the Weinsteins to put millions into an escrow account. read more. THR, Esq. Business Television Business THR Online Harvey Weinstein The Weinstein Company

Stanford Law Journal Publishes Special Issue on Lawyer Activism Under Trump

Media Law

Stanford Law School’s Journal of Civil Rights and Civil Liberties has published a special issue, A Lawyer’s Guide to Activism, Resistance, and Change Under Trump. The post Stanford Law Journal Publishes Special Issue on Lawyer Activism Under Trump appeared first on Robert Ambrogi's LawSites.

Podcast: The Legal Issues Surrounding Bitcoin

Media Law

In this […] The post Podcast: The Legal Issues Surrounding Bitcoin appeared first on Robert Ambrogi's LawSites. Cyber currency Bitcoin has seen an exponential rise in value and popularity since its inception in 2010.

Another Fine for Tower Lighting Issues – $20,000 – Warning to Large Companies that Fines May be Enhanced So That They are Not Just a “Cost of Doing Business”

Broadcast Law Blog

The FCC rejected arguments that the fine should be lower as efforts were immediately made to fix the lighting issues after the FCC notified the owner of the issue – finding that such post-notice efforts come too late to justify a fine reduction. FCC Fines Tower Issues reporting outage of tower lights to FAA tower light outage

Apple X’s Face ID Feature Places Spotlight on Facial Recognition Technology, Raising Numerous Mobile Privacy and Data Usage Issues

New Media and Technology Law

The questions and issues this raises are too numerous and varied to address in a single blog post. One issue that I thought was particularly interesting, however, relates to the ability of apps residing on a phone to interact with facial captures. There are, however, numerous issues to be resolved. This week’s Apple X announcement was not more than a few hours old, and the questions began to come in.

The Next Congress Has Not Yet Begun, and Already Copyright Issues are Poised for Comment – First Up, Copyright Office Reform

Broadcast Law Blog

These include looking at music issues – potentially including the broadcast performance royalty. Since then, the committee has had several hearings on music issues, as well as on other copyright topics, including issues with the Section 512 safe harbor for user-generated content. See our articles here and here for a discussion of some of those issues here. There are many other issues that will no doubt come up in any discussion of copyright reform.

Megaupload's Viral Music Video Is Back on YouTube as Dispute Raises New Issues

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Universal Music Group says it doesn't need takedown notices to remove videos from YouTube, pointing to its contract with the video-sharing service as the method by which a controversial video starring recording artists and celebrities endorsing Megaupload was taken off the site.

Dr. Dre Wins Judgment Over Death Row's Re-Issue of 'The Chronic'

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Artistic integrity and old contracts at issue in case. read more. THR, Esq. Music Music

On Elvis’ Birthday – Looking at the Issues with Pre-1972 Sound Recordings

Broadcast Law Blog

Today is Elvis Presley’s 80 th birthday, so it seems appropriate to revisit the issue of pre-1972 sound recordings, and to take a deeper look at the recent decisions by courts in New York and California finding that there is a public performance right in these recordings. Think of the issues here. Could these rights be Federalized, to avoid all of the state issues? This will be one of those issues to watch in 2015 for all music users and copyright holders. .

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SAG's David White to Speak on Digital Issues

Digital Media Law

The Feb. 17 talk is hosted by Town Hall Los Angeles. Details: Hollywood Reporter. Note: tix are $49-$65. _. Watch for my new book “Hollywood on Strike!,” due out this month. Subscribe to my blog ( jhandel.com ) for more about entertainment law and digital media law. Check out my residuals chart there too. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter , friend me on Facebook , or subscribe to my Forbes.com or Huffington Post articles.

FCC Clarifies Public File Obligations for Identifying Issues and Sponsors for Political Ads – Admonishes Numerous TV Stations for Violations

Broadcast Law Blog

Late Friday, the FCC’s Media Bureau issued an order (at this time available in Word format only, here ) clarifying its public file rules for political ads – both ads from candidates and from third-party groups. The FCC’s clarifications require broadcasters who run candidate or issue advertising to include information about not only the candidates mentioned in an ad, but also any Federal issues that the ad addresses.

Four Fines Up to $8000 for Tower Lighting Issues – A Message on the Importance to the FCC of Safety Issues

Broadcast Law Blog

The release of these four decisions on the same day, whether coincidence or intentional, sure sends the message that the FCC is very concerned with tower lighting issues. Repeatedly, in meetings in Washington DC and in state broadcaster meetings across the country where FCC field office agents have been present, I have heard FCC employees make the point to say that health and safety issues are a top priority – and tower lighting sure qualifies as a safety issue.

Podcast: Legal Issues in the Dakota Access Pipeline Protest at Standing Rock

Media Law

The post Podcast: Legal Issues in the Dakota Access Pipeline Protest at Standing Rock appeared first on Robert Ambrogi's LawSites. Since April, the Standing Rock Sioux tribe, alongside other Native American tribes, have been protesting the construction of Energy Transfer Partners’ Dakota Access Pipeline.

Viacom, Google Face Off in Appeals Court Over YouTube Copyright Issues

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner The 2nd Circuit Court of Appeals case will shape the future of the Internet by determining the standard for copyright liability. read more. THR, Esq. THR, Esq. The Business Tech Business BET Google Viacom YouTube The Daily Show with Jon Stewart

Looking at the Decision of the Copyright Royalty Board on Internet Radio Royalties for Commercial Webcasters – What are the Issues that the Judges Considered?

Broadcast Law Blog

While the basis for the decision seems relatively simple, the process to get to that decision was not – and it took 203 pages for the Judges to discuss all of the issues that they weighed in coming to their conclusions. While no summary can cover all of the issues that went into this consideration, some of the issues covered in this decision are discussed below.

Hulk Hogan's Lead Lawyer Explains How His Team Beat "Arrogant," "Defiant" Gawker (Guest Column)

THR, Esq. Entertainment & Media Law Blog

The Business Business THR Weekly Magazine Hulk Hogan New York IssueFresh from a $140 million verdict, the wrestler’s lead attorney Charles Harder reveals his winning strategy, the mistakes Nick Denton made and the crazy backstory behind a surreal (and influential) trial. read more. THR, Esq.

Court issues injunction against 'Catcher in the Rye' sequel

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner J.D. Salinger has won a temporary injunction against distribution of an author's sequel to "Catcher in the Rye." Yesterday, U.S. District Judge Deborah Batts ruled that "60 Years Later: Coming Through the Rye" can't be published for.

Judge Issues TRO In Ad Skipping Case

Media Law Prof Blog

The judge overseeing the Dish/Fox ad-skipper litigation has granted a preliminary restraining order that prohibits Fox Networks from proceeding until next month. District Court Judge Laura Swain will take up the litigation in a few weeks when she

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What’s Up With Music Rights for Broadcasters and Webcasters? – A Presentation on Pending Issues

Broadcast Law Blog

While this summer has perhaps not brought the big headlines in trade press about copyright issues involving broadcasters – particularly in the area of music rights – there still are many issues that are active. I addressed some of those issues in a presentation earlier this month at the Texas Association of Broadcasters Annual Convention. So keep paying attention to these issues!

FCC Issues NPRM To Open Up Set-Top Box Market

Media Law Prof Blog

The FCC has issued a Notice of Proposed Rulemaking (NPRM) that begins the process of allowing third party entities to develop alternatives to the set-top boxes through which consumers receive subscription video programming.

Lawyer Won't Have to Pay Up After Issuing $1 Million Challenge on TV

THR, Esq. Entertainment & Media Law Blog

Appeals court says the "offer," made on NBC''s ''Dateline,'' was merely a figure of speech read more. The Business THR Online THR, Esq. Television Business

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SJC Issues New Rule on Electronic Access to Courts

Media Law

The Massachusetts Supreme Judicial Court today announced approval of a new SJC Rule 1:19 governing Electronic Access to the Courts. The new rule replaces the former rule, which governed cameras in the courts, and extends it to recognize changes in technology and journalism since the original rule was promulgated. Notably, the rule is designed to recognize so-called citizen journalists. A PDF of the new rule appears below. (If If you cannot see the PDF viewer below, view the document here.).

Google and its Ever-Mounting Legal Issues

Entertainment Law

Google, of course, denies any wrong-doing, and claims the FCC took so long to complete an investigation on the issue that Google agreed to a months-long extension so the agency’s legal time limit for finishing the investigation wouldn’t end. Google is moving backward from its slogan of “Don’t Be Evil.” Earlier this month, the technology giant was fined $25,000 for collecting sensitive information from Wi-Fi networks as it gathered photographs for its street-view feature on Google Maps.

What Washington Has in Store for Broadcasters in 2015 – Part 1, What’s Up at the FCC

Broadcast Law Blog

Each year, at about this time, we pull out the crystal ball and make predictions of the issues affecting broadcasters that will likely bubble up to the top of the FCC’s agenda in the coming year. While we try each year to throw in a mention of the issues that come to our mind, there are always surprises, and new issues that we did not anticipate. But here is our try at listing at least some of the issues that broadcasters should expect from Washington in the coming year.

Two Issues with the FBI & Apple

The Legal Satyricon

by Jay Marshall Wolman, CIPP/US By now, practically everyone who cares has heard that Magistrate Pym has ordered Apple to help the FBI crack open an iPhone related to the San Bernadino shooting. The order is pursuant to the All Writs Act, codified at 28 U.S.C. 1651. In short, it is a catch-all that lets […]. First Amendment misc compelled speech cyber security privacy

Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply

New Media and Technology Law

A Green Light for Screen Scraping? Proceed With Caution…. While the law relating to screen scraping is unclear, a recent landmark decision from the Northern District of California, hiQ Labs, Inc. LinkedIn, Corp. 2017 WL 3473663 (N.D. 14, 2017), appears to limit the applicability of the CFAA as a tool against scraping.

Power Lawyers Returns! 5th Anniversary Issue to Profile America's Top 100 Entertainment Attorneys

THR, Esq. Entertainment & Media Law Blog

Matthew Belloni Nominations are being accepted for the read more. THR, Esq. The Business Business

2010 Social Networking Legal Issues: Be Careful What You Tweet

Current Trends

The article I wrote highlighting social networking and issues such as defamation, right of publicity, criminal law, jury selection, smart phones in the courtroom and lawyer advertising is found here. I had a fantastic time chatting with the Women’s Section of the Tarrant County bar on some of the 2010 top legal cases that were based on social networking snafus.

Court: Merchandising of Shepard Fairey 'Obama Hope' image not fair use; factual issues remain on substantial similarity

Copyrights & Campaigns

Trial on the remaining issues is set for March 21. The court in the case involving Shepard Fairey's use of an AP photograph in his famous " Obama Hope " poster has ruled that a company that manufactured and distributed clothing bearing the Obama Hope image under license from one of Fairey's corporate entities did not engage in fair use. The court, however, held that there remains a factual dispute whether the images used by One 3 Two, Inc.

Anti-SAG-AFTRA Lawsuit Raises Many Issues, Targets Union Leadership (Analysis)

THR, Esq. Entertainment & Media Law Blog

The suit filed by former SAG president Ed Asner and others bears down on the union’s top two staffers –- and comes just as the SAG-AFTRA election process is beginning. read more. The Business WGA DGA THR, Esq. SAG-AFTRA Labor Business

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Copyright Office Issues its Report on Music Licensing – Issues Include Broadcast Performance Royalties, Publisher Withdrawals from ASCAP and BMI, and Pre-1972 Sound Recordings

Broadcast Law Blog

The Copyright Office this past week released its Report following its study of music licensing in the US ; a comprehensive report addressing a number of very controversial issues concerning music rights and royalties. Whether its release during the week of the Grammy Awards was a coincidence or not, the report itself, which takes positions on many issues, is sure to initiate lots of discussion and controversy of its own. See our article on this issue here.

Blawg Tracks Circuit Splits in Search of Issues Bound for Supreme Court

Media Law

As anyone who made it through law school knows, a split of opinion among the federal circuit courts is a strong indicator that the issue will make its way to the Supreme Court. A new blog, CircuitSplits.com , is dedicated to providing timely reporting and analysis of circuit splits. It is written by Nicholas J. Wagoner, an associate with the Houston law firm Rogers, Morris & Grover.

Beware of Music in Your Podcasts – SoundExchange, ASCAP, BMI and SESAC Don’t Give You the Rights You Need

Broadcast Law Blog

One of the biggest reasons for the lack of music in podcasts has to do with rights issues, as the royalties paid to SoundExchange and even to ASCAP, BMI and SESAC don’t apply to traditional podcasts meant to be downloaded onto a digital audio recording device like an iPhone or any other smartphone. We wrote a warning about this issue a couple of years ago , but as the popularity of podcasts seems to once again on the rise, the warning is worth repeating.

Complaints Filed Against TV Stations for Public File Violations on Political Issue Ads

Broadcast Law Blog

Earlier this week, the Campaign Legal Center and Issue One, two political “watchdog” organizations, filed FCC complaints against two Georgia TV stations, alleging violations of the rules that govern the documents that need to be placed into a station’s public inspection file regarding political “issue advertising” (see their press release here , with links to the complaints at the bottom of the release).

What’s Up in Washington For Broadcasters in 2014? — Part 1, FCC Issues

Broadcast Law Blog

With so many issues on the table, we’ll divide the issues into two parts – talking about FCC issues today, and issues from Capitol Hill and elsewhere in Washington’s alphabet soup of regulatory agencies in the near future. Each January, we publish a list of issues for the coming year, and it is not always the case that these issues make it to the top of various piles (literal or figurative) that sit in various offices at the FCC. Television Issues.