2020

Recognized as a Southern California Super Lawyer!

Gordon P. Firemark

I am thrilled to have been recognized as a Southern California Super Lawyer in Entertainment law.

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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Call For Applications: Visiting Professor, LSU Law Center, 2020-2021 Academic Year

Media Law Prof Blog

LOUISIANA STATE UNIVERSITY, PAUL M. HEBERT LAW CENTER seeks to hire a visiting professor for the 2020-21 academic year or for Fall 2020 and/or Spring 2021 in the following areas: federal courts, constitutional law, civil procedure, and evidence. Applicants should

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.

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.

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Live from Dallas

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/118.

Speaking at Podcast Movement, Evolutions!

Gordon P. Firemark

Next week, I'll be speaking at the Podcast Movement – Evolutions conference in Los Angeles. My talk is about content acquisition and compensation structures for podcasters. I'll be covering how to pay for and get paid for content as a podcaster.

REGISTER NOW! Podcaster’s Legal & Business Bootcamp live and in-person in conjunction with Podfest Expo.

Gordon P. Firemark

On March 6th, I'll be holding my Podcaster’s Legal & Business Bootcamp live , and in person. The workshop, previously conducted online, will coincide with the Podfest Multimedia Expo in Orlando, Florida, where I'll also be speaking. Register Now!

Has AB5 affected you yet?

Gordon P. Firemark

Earlier today, I had a call from the HR director at one of the colleges where I teach one night a week. She called to tell me that I can no longer be classified as an independent contractor, and that under California's new law, AB5, I must be treated as an employee. No big deal for me.

A Billion Dollars

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/117.

You Can’t Call 911: @jyunger of @MillenniumFilms Tells Senate Why Piracy is Still a Problem and How U.S. has Failed to Lead

Music Technology Policy

The most powerful testimony to legislators is not from the approved academics and it’s not from the overfed lobbyists or wealthy campaign donors.

So Much For the Public Interest: Sonos CEO @Patrick_Spence Reveals the Harsh Retaliation of Google and Amazon

Music Technology Policy

If you’ve ever been to the Huntington Hotel in San Francisco’s toney Nob Hill, you can’t miss the hotel’s famous restaurant called The Big Four. The eponymous paean to 19th Century monopolists, “The Big Four” are railroad men: C.

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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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

Attention @USTradeRep: Songwriters and Publishers Call on Canadian Parliament to Ratify the Canada-U.S.-Mexico Agreement to Close Copyright Loophole

Music Technology Policy

We’ll be coming back to this soon, but readers should be aware that there’s a loophole in Canada’s Copyright Act that can be closed immediately through the the USMCA trade agreement.

Mirow on Legal Iconography and Painting Constitutional Law @fiulaw

Media Law Prof Blog

Mirow, Florida International University College of Law, is publishing Legal Iconography and Painting Constitutional Law in Painting Constitutional Law: Xavier Cortada's Images of Constitutional Rights (M.C. Mirow & Howard M. Wasserman, eds., Leiden: Brill, Forthcoming). Here is the

Hooker on Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception @MatthewPHooker

Media Law Prof Blog

Matthew Hooker, Wake Forest University School of Law, is publishing Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception in volume 15 of the Washington Journal of Law, Technology & Arts

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Even More Bad Faith from @RonWyden on Copyright Small Claims Legislation

Music Technology Policy

[This post first appeared on Artist Rights Watch ]. Cap on stat. damages in the Copyright Act is $150K. Cap in the #CASEAct is $15K. Cap in Oregon small claims ct is $10K. RonWyden proposes reducing CASEAct stat damages to $750–a 95% reduction. That barely covers fees for bringing the case.

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.

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.

Guest Post: Mr. Muzzey Goes to China: How One Composer is Using Detection Services to Get Paid on Unlicensed Music Uses

Music Technology Policy

By Kerry Muzzey. [We’re We’re honored to have Kerry Muzzey back again to tell his story of how one composer is working with music detection services and his US PRO to catch thousands of unlicensed uses in China and elsewhere. Really incredible tale well told. This post was created from a Twitter threat that Kerry posted, follow him @kerrymuzzey]. This is a post for my composer brethren and my copyright friends.

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Man Bites Dog, Lyor Wants an Audit and YouTube is Good For You

Music Technology Policy

They say it’s news when man bites dog, but it is also news when Lyor Cohen invites YouTube audits–or maybe even an SEC investigation. Crazy, you say? Not really.

FCC: Robocaller Should Pay Nearly $13M Fine For Illegal, Spoofed Robocalls

Media Law Prof Blog

The FCC has suggested that Scott Rhodes, whom the agency has named as a robocaller who placed "unlawful, spoofed robocalls to target a community grappling with the recent murder of a local woman, threaten a journalist and newspaper, and attempt

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

Happy Birthday Michael Caine

Music Technology Policy

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

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The Trumpet that Shall Never Call Retreat

Music Technology Policy

Not as famous as some of his other speeches but one of the great ones. He gave the speech on March 25, 1965 after leading a march of 25,000 from Selma to Montgomery Alabama.

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Andre Paine: @IMPALAmusic’s Helen Smith on how Brexit will impact the indie sector

Music Technology Policy

With just days to go until Brexit at 11pm on Friday, January 31, there’s still uncertainty surrounding key areas for the music industry. As revealed in the latest issue of Music Week , the biggest issues for the sector once the transition period concludes at the end of the year include touring , employment restrictions on EU nationals and trading arrangements for physical music.

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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

The Dopamine Delivery Device: The Android/Fair Use Connection

Music Technology Policy

If you’ve ever seen The Insider starring Russell Crowe, you know the story of Dr. Jeffrey Wygant, the whistleblower’s whistleblower. Dr. Wygant worked for one of the Big Tobacco companies (Brown and Williamson) to help them perfect nicotine addiction. He eventually couldn’t take it anymore and went public with his inside knowledge.

Ginsburg on the Fair Use Factor Revisited: Valuing the "Value of the Copyrighted Work" @ColumbiaLaw

Media Law Prof Blog

Jane Ginsburg, Columbia Law School, is publishing Essay – Fair Use Factor Four Revisited: Valuing the ‘Value of the Copyrighted Work’ in the Journal of the Copyright Society of the USA (Spring 2020). Here is the abstract. Recent caselaw has

Where is Kim Jong-Il When You Need Him: Google Pulls the Same Old Stuff on State AGs

Music Technology Policy

[This post first appeared on Artist Rights Watch ].

Gugliuzza on Death of a Copyright @prgugliuzza

Media Law Prof Blog

Paul R. Gugliuzza, Boston University School of Law, has published Death of a Copyright at 99 Boston University Law Review 2581 (2019). Here is the abstract. A well-established feature of modern copyright law is that the term of a copyright

Back To the Past: The First Political TV Ads @openculture

Media Law Prof Blog

From Open Culture: Eisenhower Answers America: The First Political Advertisements on American TV (1952

NYPD Arrests Journalist For Filming Officers During Arrest

Media Law Prof Blog

NYPD officers arrested Amr Alfiky, a reporter with ABC and Reuters, after he filmed them taking another person into custody. The NYPD claimed he failed to identify himself as a journalist, but video demonstrates that Mr. Alfkiky did identify himself

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