Expert insights. Personalized for you.
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. MORE
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. MORE
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 MORE
With the spread of the novel coronavirus (COVID-19), many organizations are requiring or permitting employees to work remotely. This post is intended to remind employers and employees that in the haste to implement widespread work-from-home strategies, data security concerns cannot be forgotten. MORE
Fueled by interest in its new brief-automation product, the legal research company Casetext said today that it has raised $8.2 million in new funding in a round led by “one of the top revenue-generating law firms in the country.” ” It did not disclose the name of the firm. MORE
The document technology company Litera has acquired Best Authority, which is possibly the leading standalone product among legal professionals for generating tables of authorities in legal briefs. Best Authority, developed by Levit & James Inc. , MORE
MARCH 26, 2020
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. MORE
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. MORE
Isn’t your uncle Stalky a great man? Stalky & Co. by Rudyard Kipling MORE
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 MORE
The U.S. Supreme Court’s busy intellectual property term (with six copyright and trademark cases) rolls on. On March 23, SCOTUS ruled in Allen v. Cooper , 589 U.S. , 18-877 (Mar. 23, 2020), that states, absent consent, may not be sued for copyright infringement. In particular, SCOTUS held that Congress did not have a sufficient constitutional basis to abrogate states’ sovereign immunity in copyright infringement actions when it passed the Copyright Remedy Clarification Act of 1990 (CRCA). MORE
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. MORE
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). MORE
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.). MORE
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 MORE
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. MORE
[ 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. MORE
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. MORE
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. MORE
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. MORE
[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. MORE
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 MORE
The most powerful testimony to legislators is not from the approved academics and it’s not from the overfed lobbyists or wealthy campaign donors. MORE
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. MORE
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. MORE
This past week, LinkedIn filed a petition for a writ of certiorari asking the Supreme Court to overturn the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. LinkedIn Corp. , 938 F.3d 985 (9th Cir. 2019). MORE
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. MORE
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 MORE
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 MORE
As part of the response to the outbreak of COVID-19, many organizations are working on contingency and business continuity plans that include an all-employee “work-from-home” scenario. MORE
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. MORE
Gordon P. Firemark
MARCH 27, 2020
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.
Music Technology Policy
MARCH 28, 2020
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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Gordon P. Firemark
MARCH 19, 2020
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.
Media Law Prof Blog
MARCH 10, 2020
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
Media Law
MARCH 23, 2020
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.
Communications And Entertainment Law Blog
MARCH 28, 2020
Music Technology Policy
MARCH 12, 2020
The most powerful testimony to legislators is not from the approved academics and it’s not from the overfed lobbyists or wealthy campaign donors.
Entertainment and Media Law brings together the best content for Entertainment and Media Law professionals from the widest variety of industry thought leaders.
Media Law
MARCH 16, 2020
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.
Communications And Entertainment Law Blog
MARCH 28, 2020
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.
New Media and Technology Law
MARCH 8, 2020
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.
Music Technology Policy
MARCH 27, 2020
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.
Media Law Prof Blog
MARCH 10, 2020
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
Media Law
MARCH 9, 2020
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.
Communications And Entertainment Law Blog
MARCH 27, 2020
New Media and Technology Law
MARCH 13, 2020
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.
Music Technology Policy
MARCH 10, 2020
[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.
Media Law Prof Blog
MARCH 10, 2020
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
Media Law
MARCH 26, 2020
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.
Communications And Entertainment Law Blog
MARCH 27, 2020
New Media and Technology Law
MARCH 11, 2020
This past week, LinkedIn filed a petition for a writ of certiorari asking the Supreme Court to overturn the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. LinkedIn Corp. , 938 F.3d 985 (9th Cir. 2019).
Music Technology Policy
MARCH 15, 2020
Isn’t your uncle Stalky a great man? Stalky & Co. by Rudyard Kipling
Media Law Prof Blog
MARCH 16, 2020
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
Media Law
MARCH 26, 2020
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
Communications And Entertainment Law Blog
MARCH 27, 2020
New Media and Technology Law
MARCH 11, 2020
With the spread of the novel coronavirus (COVID-19), many organizations are requiring or permitting employees to work remotely. This post is intended to remind employers and employees that in the haste to implement widespread work-from-home strategies, data security concerns cannot be forgotten.
Music Technology Policy
MARCH 18, 2020
[ 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.
Media Law Prof Blog
MARCH 16, 2020
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).
Media Law
MARCH 26, 2020
Fueled by interest in its new brief-automation product, the legal research company Casetext said today that it has raised $8.2 million in new funding in a round led by “one of the top revenue-generating law firms in the country.” ” It did not disclose the name of the firm.
Communications And Entertainment Law Blog
MARCH 26, 2020
New Media and Technology Law
MARCH 9, 2020
As part of the response to the outbreak of COVID-19, many organizations are working on contingency and business continuity plans that include an all-employee “work-from-home” scenario.
Music Technology Policy
MARCH 19, 2020
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.).
Media Law Prof Blog
MARCH 24, 2020
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
Media Law
MARCH 26, 2020
The document technology company Litera has acquired Best Authority, which is possibly the leading standalone product among legal professionals for generating tables of authorities in legal briefs. Best Authority, developed by Levit & James Inc. ,
Communications And Entertainment Law Blog
MARCH 26, 2020
New Media and Technology Law
MARCH 24, 2020
The U.S. Supreme Court’s busy intellectual property term (with six copyright and trademark cases) rolls on. On March 23, SCOTUS ruled in Allen v. Cooper , 589 U.S. , 18-877 (Mar. 23, 2020), that states, absent consent, may not be sued for copyright infringement. In particular, SCOTUS held that Congress did not have a sufficient constitutional basis to abrogate states’ sovereign immunity in copyright infringement actions when it passed the Copyright Remedy Clarification Act of 1990 (CRCA).
Music Technology Policy
MARCH 23, 2020
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.
Media Law Prof Blog
MARCH 24, 2020
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.
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