July, 2019

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.

Apple 100

Frohock on The Law as Uncopyrightable @frohock_c

Media Law Prof Blog

Christina Frohock, University of Miami School of Law, is publishing The Law as Uncopyrightable: Merging Idea and Expression Within the Eleventh Circuit’s Analysis of 'Law-Like' Writing, in volume 73 of the University of Miami Law Review (2019). Here is the

Trending Sources

For Solo and Small Firm Lawyers, Earnings Drop, Gender Gap Persists

Media Law

A survey of earnings of solo and small-firm attorneys in the United States finds that the average attorney’s compensation dropped last year, while a wide gender gap persists.

Torture At The Border

Communications And Entertainment Law Blog

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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.

Web Scraping Decisions Consider Contract Cause of Action

New Media and Technology Law

Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content contrary to “ clickwrap ” and “ browsewrap ” website terms of use. In Southwest Airlines Co. Roundpipe, LLC , No. 18-0033 (N.D. 22, 2019), a Texas district court declined to dismiss Southwest Airlines Co.’s

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.

More Trending

Michigan Seeks Input On Adopting Duty of Technology Competence

Media Law

Thirty-six states have adopted the duty of technology competence for lawyers, and now Michigan is considering joining the list with proposed changes to its Rules of Professional Conduct.

Torture At The Border!

Communications And Entertainment Law Blog

52

Actions Taken at July Meeting – FCC Adopts Changes to Children’s Television Rules and to TV MVPD Carriage Election Notices Procedures

Broadcast Law Blog

The FCC at its open meeting last week took two actions important to TV broadcasters – modifying its children’s television rules and changing the process by which TV stations give notice to MVPDs of their must carry or retransmission consent elections. On the children’s television rules, the FCC largely adopted the proposals in their draft order, which we summarized here.

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).

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.

The Chicago Defender Ends Its Print Edition Run, Goes Digital Only, Today

Media Law Prof Blog

From the New York Times: The Chicago Defender ceases print publication today. It will continue its digital edition. Notes the Times, "Decade by decade, the newspaper told the story of black life in America. It took note of births and

AI-Driven Brief Analysis Comes to Westlaw, But Does It Differ From Competitors?

Media Law

In 2016, Casetext , the legal research startup, introduced CARA , a tool that uses artificial intelligence to analyze users’ uploaded briefs and memoranda and find relevant cases the document missed.

July political cartoons from the USA TODAY network

Communications And Entertainment Law Blog

July political cartoons from the USA TODAY network

More Time for Comments on DOJ Review of ASCAP and BMI Consent Decrees – Now Due August 9

Broadcast Law Blog

In a very important proceeding we summarized here , the Department of Justice’s Antitrust Division is reviewing the antitrust consent decrees that govern ASCAP and BMI – the decrees that require that these performing rights organizations treat similarly situated licensees (and artists) in the same way and which allow a Court to review the reasonableness of the rates that ASCAP and BMI propose.

Bosland on Restraining "Extraneous" Prejudicial Publicity

Media Law Prof Blog

Jason John Bosland, University of Melbourne, Centre for Media and Communications Law, is publishing Restraining 'Extraneous' Prejudicial Publicity: Victoria and New South Wales Compared in volume 41 of the University of New South Wales Law Journal (2018). Here is the

Law 56

LexBlog Upgrades Publishing Platform to Enhance Mobile Performance and Ranking of Blogs

Media Law

LexBlog today is rolling out a major enhancement of its publishing platform that should mean its customers’ blogs will load significantly faster on mobile devices, rank higher in search results, and display better on certain social media platforms such as Twitter and LinkedIn.

The Countdown to Modernity: Copyright Royalty Board Posts Notices and Rules for MLC Assessment Proceeding — Artist Rights Watch

Music Technology Policy

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ICYMI: Data Protection and Privacy: The Internet of Bodies (Hart, 2018) @hartpublishing

Media Law Prof Blog

ICYMI: Data Protection and Privacy: The Internet of Bodies (Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, and Paul De Hert, eds., Hart Publishing, 2018). Here from the publisher's website is a description of the book's contents. The subjects of Privacy

Annual ‘Fastcase 50’ Named, Honoring Law’s Innovators and Visionaries

Media Law

Annually since 2011, legal research company Fastcase has named the Fastcase 50 , an award that honors “the law’s smartest, most courageous innovators, techies, visionaries, and leaders.” ” Today, Fastcase named its 2019 honorees, a list that includes practicing lawyers, legal academics, law librarians, corporate counsel, journalists, company executives, bar leaders, and government officials. Full disclosure: I was included on the inaugural 2011 list.].

Must Read by @davidclowery: Google Doxx: Google Funded Groups in 2017 Illegal Doxxing of FCC Chairman — The Trichordist

Music Technology Policy

Editors note #1 – Over the last year, this blog has been reporting on Google’s apparent use of proxies in an attempt to intimidate members of the EU parliament into voting against the proposed EU Copyright Directive. The Copyright Directive requires social media platforms above a certain size to do more to counter copyright infringement […]. via Google Doxx: Google Funded Groups in 2017 Illegal Doxxing of FCC Chairman — The Trichordist.

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LawNext Episode 44: Luminance CEO Emily Foges on AI’s Tipping Point in Law

Media Law

By any measure, the London-based legal AI startup Luminance has had spectacular success.

Tips 52

Now Comes Another Brief Analyzer, this from Bloomberg Law

Media Law

Last Friday, I wrote here about the launch by Thomson Reuters of Quick Check , its version of a growing array of brief-analysis products that let lawyers upload a brief and discover relevant cases the brief missed.

Reposted: CFP: Program of the Section on Communication, Media & Information Law, AALS 2020 Annual Meeting @LiliLevi_UMLaw @TheAALS

Media Law Prof Blog

CALL FOR PAPERS FOR THE PROGRAM OF THE SECTION ON COMMUNICATION, MEDIA & INFORMATION LAW AALS 2020 ANNUAL MEETING The Section on Communication, Media & Information Law is pleased to announce a Call for Papers from which an additional presenter

WATCH LIVE: Rep. Omar, Tlaib, Pressley and Ocasio-Cortez respond to Trum.

Communications And Entertainment Law Blog

52

Opinion | Please, Pelosi, Fight Trump, Not the Squad

Communications And Entertainment Law Blog

"For the last couple of weeks, the House Democratic leadership has been locked in an escalating battle with four left-wing freshmen congresswomen known as “the squad”: Alexandria Ocasio-Cortez, Ilhan Omar, Ayanna Pressley and Rashida Tlaib.

Ocasio-Cortez's fiery response on where she 'comes from'

Communications And Entertainment Law Blog

52

Opinion | Trump’s America Is a ‘White Man’s Country’

Communications And Entertainment Law Blog

"By Jamelle Bouie July 15, 2019 "His racist idea of citizenship is an old one, brought back from the margins of American politics. If Donald Trump has a theory of anything, it is a theory of American citizenship. It’s simple.

Lindsey Graham: “I Don’t Care” if Migrants “Stay in These Facilities for 400 Days”

Communications And Entertainment Law Blog

Lindsey Graham: “I Don’t Care” if Migrants “Stay in These Facilities for 400 Days

52

Attending AALL? Watch for our Litigation Analytics Super Session

Media Law

If you are attending the annual meeting of the American Association of Law Libraries starting Saturday in Washington, D.C., then consider attending Monday’s “super session” on the use of litigation analytics in federal and state courts. The 2.5

Why Did AOC Demand To Be Sworn In Before Passionate Testimony On Trump's.

Communications And Entertainment Law Blog

52

Trump issues executive order to collect citizenship data

Communications And Entertainment Law Blog

Tensions Between Pelosi and Progressive Democrats of ‘the Squad’ Burst Into Flame - The New York Times

Communications And Entertainment Law Blog

Opinion | What Is Nancy Pelosi Thinking?

Communications And Entertainment Law Blog

"And can “woke capitalism” be trusted? June 10, 2019 Is consumer activism an effective political strategy? Has corporate America become a force for social liberalism? This week on “The Argument,” the columnists talk “woke capitalism.”

AOC calls for dismantling Homeland Security. Will other Democrats follow? John Armwood Just now · YouTube · AOC calls out Pelosi for her calling out of four freshmen congresswomen of color. Watch this video, especially if you think Pelosi is on the side of people of color.

Communications And Entertainment Law Blog

Jeffrey Epstein Embodies Elite Impunity

Communications And Entertainment Law Blog

"The sheer scale of the crimes Jeffrey Epstein has allegedly committed staggers the imagination. Yet Epstein, who was arrested in New York on Sunday on charges of sexual trafficking of minors, was not an individual miscreant, a lone Humbert Humbert who transgressed against widely shared social norms.