2019

Actor’s Equity On Strike: What’s it all about?

Gordon P. Firemark

If you've been planning to develop your plays and musicals using professional actors in a “developmental” production environment, you may have to put your plans on hold.

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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.

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.

Casetext’s New ‘SmartCite’ Citator Is Its Clever Answer to Shepard’s and KeyCite

Media Law

Knowing whether a case is good law is elemental to legal research. To do this, lawyers have long relied on citator services such as Shepard’s from LexisNexis and KeyCite from Westlaw.

City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data

New Media and Technology Law

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.

Why Politics Should Be Kept Out of Miscarriages - The New York Times

Communications And Entertainment Law Blog

"By Aaron E. Carroll May 14, 2019 Georgia’s much-discussed new law on abortion is one of the most restrictive in the nation. Abortion will be banned as early as six weeks into pregnancy — before many women even know they are pregnant.

More Trending

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.

“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.

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.

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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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.

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

New Site Is Comprehensive Resource for Federal and State Jury Instructions

Media Law

A new website, Trialdex , is a comprehensive resource for finding and comparing federal and state jury instructions.

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.

Time for All-Digital AM?  Petition for Rulemaking Asks that the FCC Allow It

Broadcast Law Blog

For decades, the FCC has been attempting to solve problems with AM reception – in the 90s looking to protect AMs from each other, and today trying to assist them in overcoming the effects of background “noise” coming from the proliferation of electronic devices in the environment which make AM reception, particularly in urban areas, very difficult.

Justin Amash becomes first Republican congressman to call for Trump's impeachment - CNNPolitics

Communications And Entertainment Law Blog

Justin Amash becomes first Republican congressman to call for Trump's impeachment - CNNPolitics

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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?

Goliath Never Learns: “Article 13” Passes European Parliament With Substantial Majority–now what?

Music Technology Policy

The European Copyright Directive (aka “Article 13”) has passed the European Parliament by a vote of 348 to 274, a substantial majority in favor of artist rights. Silicon Valley interests embarrassed themselves as expected.

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.

Facebook and the Enemy Within: T-Bone Burnett’s Keynote at SXSW 2019 — Artist Rights Watch

Music Technology Policy

As usual, Henry gives an extremely relevant and literate dissertation on the loss of humanity imposed on us by Big Brother’s youngest sibling, Mark Zuckerberg–the boy who wouldn’t grow up, but who instead created an app for Room 101. Please listen to T Bone when you have a quiet hour to yourself.

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.

Spotify Can’t Find Songwriters Performing at Spotify High Roller Party in Cancun

Music Technology Policy

Ah, Cancun, where the elite meet and the US Consulate is located next to the jail, convenient and useful for the Tech Bros. But faster than bros can launch Tinder for some Spanish lessons, Spotify commits another faux pas.

Franks on Fearless Speech @ma_franks

Media Law Prof Blog

Mary Anne Franks, University of Miami School of Law, is publishing Fearless Speech in volume 17 of the First Amendment Law Review (2019). Here is the abstract. The American conception of free speech is primarily defined as the freedom to

Illinois Bar Launches Site to Aggregate and Highlight Members’ Blogs

Media Law

The Illinois State Bar Association today formally launched Illinois Lawyer Now , a first-of-its-kind bar portal that aggregates content from members’ legal blogs together with original ISBA content.

Notice of Terms via Buried Link within a Post-Sale Email Unenforceable

New Media and Technology Law

In Starke v. SquareTrade, Inc. , 17-2474, 2019 WL 149628 (2d Cir.

DOJ Reportedly to Review Impact of Digital Advertising on Broadcast Merger Review

Broadcast Law Blog

Press reports following a speech this week by the head of the Department of Justice’s Antitrust Division have many in the broadcast industry paying attention.

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The little-noticed surge across the U.S.-Mexico border: It’s Americans heading south

Communications And Entertainment Law Blog

The little-noticed surge across the U.S.-Mexico Mexico border: It’s Americans heading south

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Indie artists call on @Europarl_EN 2 to ‘Just Say’ #Yes2Copyright with Steph’s ReMix

Music Technology Policy

Article 13 #Yes2Copyright Steph's Remix

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@Europarl_EN Explains Article 13 and Google’s Fake “Lobbying”

Music Technology Policy

This week the European Parliament issued a scathing rejection of Google and Facebook’s massive lobbying campaign against Members of the European Parliament over what’s often called “Article 13”, or the Directive on Copyright in the Digital Single Market. Article 13 is the first meaningful attempt to reverse the European safe harbor income transfer and close the value gap. . Yet Article 13 is a crucial step toward restoring creator rights both in and outside Europe.

The MTP Podcast: The Truth About Streaming Royalties

Music Technology Policy

Chris Castle on how the streaming royalty allocation guarantees a declining royalty for artists. SHOW NOTES. The Trichordist Streaming Price Bible for 2018 . Arithmetic on the Internet: The Ethical Pool Solution to Streaming Royalty Allocation . BBCtrending: The mystery tracks being ‘forced’ on Spotify users–another explanation . Laura Kobylecky, Making Fake Art: “1984”, The New Rembrandt, and The “Fake Artist” . MTP Podcasts Streaming Meltdown MTP Podcast streaming royalties

Our God Is Marching On! Oration by Rev. Dr. Martin Luther King, Jr.

Music Technology Policy

March 25, 1965 at the conclusion of three marches from Selma to Montgomery Alabama from the steps of the Alabama State Capitol, near the Dexter Avenue Baptist Church from which MLK launched the Montgomery bus boycott.

The Ennui of Learned Helplessness: Article 13 and the Five Lies in YouTube’s Content ID

Music Technology Policy

@GTP_Updates Demonstrates Google’s European Influence Campaign

Music Technology Policy

@artistrights tweeted in reaction to the stalled Article 13 legislation in Europe “American multinational corporations impose their commercial imperialism over their vassal states. Not the Europe we love.” ” There probably has never been as revealing an insight into Google’s short, loathsome and treacherous lifespan as the Article 13 legislative process in the European Parliament.

Smith on Copyright in Culinary Presentations @Cathay Smith

Media Law Prof Blog

Cathay Smith, University of Montana School of Law, has published Copyright in Culinary Presentations in Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?128-149 128-149 (Enrico Bonadio & Nicola Lucchi eds., Edward Elgar Publishing, 2018). Here is the abstract. This chapter

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Mike Whelan of Lawyer Forward Moves to Casetext as Managing Editor

Media Law

Mike Whelan Jr.

CFAA Claim Dismissed in Scraping Suit, While Contract Claim Survives

New Media and Technology Law

This month, an Illinois district court considered another in the series of web scraping disputes that have been working their way through our courts. In this dispute, CouponCabin, Inc. PriceTrace, LLC , No. 18-7525 (N.D. 11, 2019), CouponCabin alleged that a competitor, PriceTrace, scraped coupon codes from CouponCabin’s website without authorization and displayed them on its own website.