March, 2020

A new look at the old standard: “Force Majeure” clauses

Gordon P. Firemark

With Covid-19/Coronavirus causing cancellation of events and transactions around the globe, people are naturally looking at whether they must still perform their contractual obligations and whether they are entitled to refunds of deposits and advance payments they've made.

Small Business Administration Disaster Loans for Artists and Songwriters

Music Technology Policy

Artists often overlook the fact that they are running a small business and they do it old school–if you don’t make, you don’t make. Cash basis taxpayers. And speaking of taxpayers, the time of year you realize that you are running a small business is right about now at tax time.

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Chen on Free Speech, Rational Deliberation, and some Truths about Lies @SturmCOL

Media Law Prof Blog

Alan K. Chen, University of Denver Sturm College of Law, has published Free Speech, Rational Deliberation, and some Truths about Lies as University of Denver Legal Studies Research Paper No. 20-07. Here is the abstract. Could “fake news” have First

Clio Commits $1 Million To Help Legal Community Through Coronavirus Crisis

Media Law

The practice management company Clio is announcing today that it is committing $1 million to a disaster relief fund to help the legal community successfully navigate the challenges and hurdles brought on by the COVID-19 pandemic.

Cuomo says possible NY quarantine 'would be chaos and mayhem'

Communications And Entertainment Law Blog

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Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization

New Media and Technology Law

In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm OneAudience LLC. Facebook, Inc. OneAudience LLC , No. 20-01461 (N.D.

Blackbeard’s Revenge!

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/119.

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More Trending

Marmor on Privacy in Social Media @CornellLaw

Media Law Prof Blog

Andrei Marmor, Cornell Law School, has published Privacy in Social Media as Cornell Legal Studies Research Paper No. 20-10. Here is the abstract. This paper is about the state of privacy in social media. Most people’s immediate concern about privacy

Women of Legal Tech Find Strength in Numbers When Battling Imposter Syndrome

Media Law

A special guest post by legal affairs writer and editor Molly McDonough , former editor and publisher of the ABA’s flagship magazine, the ABA Journal. The last thing I expected to hear at the 2020 Women of Legal Tech Summit was this: I don’t feel like I deserve to be here.

Opinion | Testing Can’t Stop Coronavirus Now, But There Are Still Things We Can Do - The New York Times

Communications And Entertainment Law Blog

Our leaders need to speak some hard truths and then develop a strategy to prevent the worst. Respirators, ventilators, all of the equipment — try getting it yourselves,” President Trump said on a recent conference call with U.S. governors.

Online Platforms Sidestep Claims over User Content Decisions and Social App Functions

New Media and Technology Law

Despite continued scrutiny over the legal immunity online providers enjoy under Section 230 of the Communications Decency Act (CDA), online platforms continue to successfully invoke its protections.

ARW Poll Results: Facebook should pay independent artists and songwriters in cash

Music Technology Policy

It may come as a surprise but until a couple years ago, Facebook never licensed music or paid royalties. To my knowledge, Facebook paid huge payments to major labels and publishers and also made some deals with a handful of indie labels.

Google’s Charm Offensive Comes to Senate IP Subcommittee

Music Technology Policy

[This is a version of a letter I sent to the Senate Subcommittee on Intellectual Property today to call attention to various discrepancies in the proposed witness list, especially the presence of the Pirate Party at a hearing at the world’s greatest deliberative body.

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MLC Metadata Showdown: What’s in a Name? Your money.

Music Technology Policy

There is an unsurprising discussion going on about song titles in the metadata deliberations regarding the regulations mandating the conduct of the Mechanical Licensing Collective quango. The least surprising part of the discussion is that the services change song titles as it suits them.

Happy Birthday Michael Caine

Music Technology Policy

Isn’t your uncle Stalky a great man? Stalky & Co. by Rudyard Kipling

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Turner on Limits to Terror Speech in the UK and USA @DrIanTurner

Media Law Prof Blog

Ian Turner, University of Central Lancashire Law School, has published Limits to Terror Speech in the UK and USA: Balancing Freedom of Expression With National Security at 2 Amicus Curiae 201 (2020). Here is the abstract. Article 10(1) of the

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Green on Candidate Privacy @WMLawSchool

Media Law Prof Blog

Rebecca Green, William & Mary Law School, is publishing Candidate Privacy in the Washington Law Review. Here is the abstract. In the United States, we have long accepted that candidates for public office who have voluntarily stepped into the public

Yablon on Political Advertising, Digital Platforms, and the Democratic Deficiencies of Self-Regulation @UWMadison @WisconsinLaw

Media Law Prof Blog

Robert Yablon, University of Wisconsin Law School, has published Political Advertising, Digital Platforms, and the Democratic Deficiencies of Self-Regulation at 104 Minn. Headnotes 13 (2020). Here is the abstract. Amid ongoing concerns about foreign electoral interference and fake

Yuvaraj and Giblin on Whether Contracts Are Enough: An Empirical Study of Author Rights in Australian Publishing Agreements @rgibli @MelbLawSchool @MonashLawSchool

Media Law Prof Blog

Joshua Yuvaraj, Monash University Faculty of Law, and Rebecca Giblin, University of Melbourne Law School, are publishing Are contracts enough? An empirical study of author rights in Australian publishing agreements in volume 44 of Melbourne University Law Review (2020).

Pandemic: Force Majeure Contracts and Insurance in the Music Business

Music Technology Policy

[ This post first appeared on MusicTech.Solutions ]. After the cancellation of SXSW, we need to think about those “force majeure” clauses that everyone skips over in contractual boilerplate. Force majeure” or the less secular “Act of God” clause is a species of the “impossibility of performance” defense to a breach of contract claim that excuses the liability of a nonperforming party.

Pandemic: Digital music services should accelerate payments and liquidate any royalty minimums they are holding

Music Technology Policy

You may not have noticed, but many music services have a clause in their direct licenses that allows them to delay royalty payments if your accrued royalties are less than a certain amount, often $50. This is on top of paying quarterly in many cases (as opposed to the monthly payments required by the statutory mechanical license for example.).

Chafetz on Congressional Overspeech @joshchafetz

Media Law Prof Blog

Josh Chafetz, Cornell Law School, is publishing Congressional Overspeech in volume 89 of Fordham Law Review. Here is the abstract. Political theater. Spectacle. Circus. Reality show. We are constantly told that, whatever good congressional oversight is, it certainly isn’t those

Sullivan and Tilley on Supreme Court Journalism @IowaLawSchool @LoyolaLaw

Media Law Prof Blog

Barry Sullivan, Loyola University (Chicago) School of Law, and Cristina Tilley, University of Iowa College of Law, have published Supreme Court Journalism: From Law to Spectacle? at 77 Washington & Lee Law Review 343 (2020). Here is the abstract.

Quick Spend Debit Cards: If You Have A Rainy Day Fund, Guess What? It’s raining!

Music Technology Policy

US GDP is 70% consumer driven. Demand collapse is what causes depressions, real depressions. Goldman Sachs estimates that the U.S. economy could contract by 24% in the second quarter (which starts next week). Say what you want about Goldman, money is something they’re fairly good at. That is a Great Depression level of contraction. If you have any living friends or family who lived through the Great Depression, ask them how that was.

A Message from @TheBlakeMorgan:

Music Technology Policy

To my sisters and brothers in NYC music, and beyond…. The Irish tell the story of a man who arrives at the gates of heaven asking to be let in, and Saint Peter says, “Of course! Just show us your scars.” The man says, “But…I have no scars,” and Saint Peter answers, “What a pity. Was there nothing worth fighting for?”. We musicians are used to fighting. For our livelihoods, for our families, for our hopes and dreams, for our calling. For our profession.

Mostert on Free Speech and Internet Regulation @KCL_Law

Media Law Prof Blog

Frederick Mostert, King's College London, has published Free Speech and Internet Regulation at 14 Journal of Intellectual Property Law & Practice 607 (August 2019). Here is the abstract. The article analyses free speech and internet regulation. Governments have come up

Now is the time to buy local

Music Technology Policy

Don't forget to stop buying records from Amazon and start buying from your local record store either in-store or online–but not Amazon. Assuming you want the store to still be there when this is over. We do. Ours is the resilient @WaterlooRecords [link]. — Editor Baker (@MusicTechPolicy) March 14, 2020. Stay at Home Nation Waterloo Records

@RachelRascoe: Faster than Sound: Music Industry Workers Face Uncertainty Around Unemployment Benefits

Music Technology Policy

[This is an informative post from Rachel Rascoe at the Austin Chronicle about independent contractors filing for unemployment insurance. Although it focuses on Texas, it’s probably pretty much replicated process across all states. h/t Nikki Rowling for spotting it, big thanks to Rachel for her post and as always to the Chronicle for being the Chronicle.].

LawNext Episode 66: How One Law School Prepared for Coronavirus Shutdown

Media Law

On Thursday, March 12, facing the escalating threat of the coronavirus pandemic, Brigham Young University Law School made the decision to close down live classes, send students home, and teach the remainder of the semester online.

Two Legal Tech Companies Postpone Conferences Due To Coronavirus Concerns

Media Law

Two legal tech companies today postponed conferences they had scheduled for this month, due to concerns over the spread of coronavirus. The trademark technology company Alt Legal cancelled Alt Legal Connect 2020 , a trademark law conference which was scheduled for March 22-24 in Brooklyn, N.Y.

Atrium, $75M Company that Vowed to ‘Revolutionize’ Law, Shuts Down

Media Law

On Jan.

Cuomo Extends School Closures, Says New York Cases Could Hit Peak In 21 days | MSNBC. Common sense and excellent leadership in a crisis.

Communications And Entertainment Law Blog

Trump Casts Doubt On Need For Huge No. Of Ventilators To Fight Coronavir.

Communications And Entertainment Law Blog

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Bill Gates: Returning to normal life in April is not realistic

Communications And Entertainment Law Blog

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In Response to COVID-19 Crisis, PacerPro Offers Three Months Free Access

Media Law

PacerPro , a company that provides automated distribution of federal court filings, said today that it is offering three months of free access to its service, as a well of helping legal professionals transition to remote work.

LawToolBox Offer Combines Free Access and Onboarding to Help Firms Manage Matters in Microsoft Teams

Media Law

As legal technology companies step up to the plate and offer free products and services to help the legal community get through this time of crisis, LawToolBox is extending an offer that can help get firms up and running on effectively managing all their matters through Microsoft Office 365 and Microsoft Teams. LawToolBox is legal calendaring and deadline management software that integrates with a number of platforms. But through its integration with Office 365 Teams , it effectively becomes a full matter management suite for litigation groups, combining matter-level calendaring, document management, collaboration, contacts and more. As legal teams struggle to adapt to new ways of working, LawToolBox today said it is aiming to help them do that through a three part offer that combines next-day onboarding, training through webinars and direct calls, and free access both to its software and Office 365. Next-Day Onboarding. LawToolBox says it is offering a next-day service to onboard law firms to work from home using LawToolBox matter management for Microsoft Teams. This onboarding offer includes the training and free access discussed below. Licenses to LawToolBox and Office 365 . For firms needing financial assistance during this time, LawToolBox is offering free access for three months to its Matter Management for Microsoft 365 Powered by Teams. It is also waiving onboarding fees. In addition, for firms that do not already have Office 365 and need financial assistance, LawToolBox will help them obtain six months of free access to the Office 365 Enterprise 1 version. (After the free period expires, the cost would be $8 per user per month.). The E1 version includes the full suite of Web-based Office apps and business services, but not the desktop apps. It includes email, file storage and sharing, meetings, and instant messaging. Webinars and Training. To help firms get running and help with onboarding, it is offering a series of three daily training webinars: WEBINAR 1: Get Your Entire Law Firm Working Effectively from Home on LawToolBox & Microsoft Teams by Tomorrow – RSVP. 11-11.30 a.m. CT, daily, preview video. Step-by-step “how to” webinar/demo – setting up Teams and working from home on your first day. After this webinar, there will be a follow-up 10 minute call with an onboarding specialist to help get your firm set up. You can use this link to schedule a call. WEBINAR 2: Onboarding Workshop – Adding Matter Management inside Teams and Outlook – RSVP. 12-12.30 p.m. CT, daily. Designed for IT, office admins and/or work-from-home coordinators, this session will provide a walk-through of how to configure matter management in Teams, Outlook and mobile and will assist firms in completing activation. WEBINAR 3: Matter Management and Collaboration in Teams and Outlook – RSVP. 1-1.30 p.m. CT, daily. Calendaring, pinning tabs for legal practice management and other apps, document collaboration in Teams for SharePoint or with other document management systems, calls, chat, meetings via Teams, external calls and meetings via Zoom, attaching Outlook contacts to matters, advanced Teams for pros, guest speakers. For firms that need additional or extended tech support in getting set up to work from home, the company said it would make its best efforts to connect them with one of its Microsoft partners that is also offering discounted services. “Our mission in confronting this pandemic is to help our partners, existing customers and prospects with a ‘next day’ program to get law firms up and running and working remotely using a combination of LawToolBox and Microsoft Teams,” Carol-Lynn Grow , the company’s co-owner and VP of marketing, said in an email. LawToolBox

Cuomo: Congress "simply failed to address" states' economic needs from coronavirus. The most articulate and knowledgeable example of political leadership to emerge during the coronavirus. I have differed with him on policy issues in the past but the New York Governor, like his father, is a true leader in a time when leadership is desperately needed.

Communications And Entertainment Law Blog