Media Law

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  • Recorded Music and Copyright

    Media Law Prof Blog
    Media Law Prof
    3 Mar 2015 | 11:14 am
    Marcel Boyer, CIRANO, Université de Montréal, C. D. Howe Institute, has published The Value of Copyrights in Recorded Music: Terrestrial Radio and Beyond, as C. D. Howe Institute Commentary No. 419. Here is the abstract. In today’s digital age, copyright...
  • Two-Factor Authentication May Be Coming to a Bank Near You

    Digital Media & Data Privacy Law
    David Smyth
    27 Feb 2015 | 9:11 am
    Ed. Note: This entry is cross posted from Cady Bar the Door, David Smyth's blog offering Insight & Commentary on SEC Enforcement Actions and White Collar Crime. When I was at the SEC and online broker-dealers’ customers were the victims of hacking incidents, I used to wonder, why don’t the broker-dealers require multi-factor authentication to gain access to accounts? It was a silly question. I knew the answer. Multi-factor authentication is a pain and nobody likes it. Do you know what it is? Here’s what Wikipedia says, so it must be true: Multi-factor…
  • "Comcast" Continues to Change the Damages Class

    Seller Beware Blog
    Neil Rosenbaum
    2 Mar 2015 | 8:07 am
    The impact of the Supreme Court’s Comcast decision on certification of class actions, first discussed here, continues to be felt across courtrooms nationwide.   Comcast made clear that a trial court must evaluate the merits of plaintiffs’ claims at the certification stage to ensure that the proposed method for measuring damages fits plaintiffs’ theories of liability.  A judge in the Northern District of California recently decertified a class action (and declined to reconsider that decision), after expert discovery showed that Plaintiff’s damages model did not…
  • What Changed the FCC Chairman’s Mind?

    Media & Communications Policy
    Patrick Maines
    3 Mar 2015 | 7:41 am
    On the occasion last week of the Federal Communications Commission (FCC)’s passage of “net neutrality” regulations, Tom Wheeler, chairman of the Commission, announced that it was “the proudest day of my public policy life.”  It’s not known whether that statement is a reflection of how little Wheeler feels he’s accomplished in life, or an embarrassing attempt to take credit for something that was forced on him. What we do know is that the regulation that passed with his vote – and those of the other two Democrats on the Commission – was not the much sounder one Wheeler…
  • Hollywood Producer Is Still Paying for the 1846 U.S.–Mexican War

    Hollywood Reporter - THR, Esq.
    Eriq Gardner
    3 Mar 2015 | 1:41 pm
    "Lone Survivor" unwittingly stepped into an odd land dispute — and the tab for making the war film gets larger.read more
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    Media Law Prof Blog

  • Recorded Music and Copyright

    Media Law Prof
    3 Mar 2015 | 11:14 am
    Marcel Boyer, CIRANO, Université de Montréal, C. D. Howe Institute, has published The Value of Copyrights in Recorded Music: Terrestrial Radio and Beyond, as C. D. Howe Institute Commentary No. 419. Here is the abstract. In today’s digital age, copyright...
  • A New Podcast On Higher Ed and Law From the University of Pennsylvania

    Media Law Prof
    3 Mar 2015 | 9:21 am
    The University of Pennsylvania's new podcast devoted to higher education and the law, Case in Point.
  • NKU Law School's Gaming Law Symposium Set For March 20, 2015

    Media Law Prof
    3 Mar 2015 | 8:37 am
    Interested in fantasy sports, online betting, online gaming? Northern Kentucky University Law School is hosting a Gaming Law Symposium, The New Era In Gaming Law, March 20, 2015. Here's a link to the webpage describing the event.
  • An Analysis of the Right To Be Forgotten Ruling

    Media Law Prof
    3 Mar 2015 | 7:46 am
    W. Gregory Voss, Toulouse Business School, has published The Right to Be Forgotten in the European Union: Enforcement in the Court of Justice and Amendment to the Proposed General Data Protection Regulation at 18 Journal of Internet Business Law (July...
  • The FCC Votes Net Neutrality In Effect

    Media Law Prof
    27 Feb 2015 | 3:22 pm
    The FCC has adopted new rules under Title II of the Communications Act to regulate the Internet. Briefly, in the words of the FCC's Open Internet Order: no blocking, no throttling, no paid prioritization. Discussion here from the Washington Post,...
 
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    Digital Media & Data Privacy Law

  • Two-Factor Authentication May Be Coming to a Bank Near You

    David Smyth
    27 Feb 2015 | 9:11 am
    Ed. Note: This entry is cross posted from Cady Bar the Door, David Smyth's blog offering Insight & Commentary on SEC Enforcement Actions and White Collar Crime. When I was at the SEC and online broker-dealers’ customers were the victims of hacking incidents, I used to wonder, why don’t the broker-dealers require multi-factor authentication to gain access to accounts? It was a silly question. I knew the answer. Multi-factor authentication is a pain and nobody likes it. Do you know what it is? Here’s what Wikipedia says, so it must be true: Multi-factor…
  • Big Announcement, Small UAS: FAA Launches Commercial Drone Proceeding

    Stephen Hartzell
    16 Feb 2015 | 9:09 am
                Unless you have been completely disconnected from all media, you are probably already aware that on Sunday, February 15, 2015, the FAA announced the release of its long-awaited rules to govern commercial sUAS (small unmanned aircraft systems) operations in the United States. The FAA’s proposed sUAS rules arrived like a barely-late valentine or box of candy, with the recipients hoping to read loving prose and enjoy fresh, rich chocolates. At this point, of course, the rules are merely a proposed regulatory…
  • Sony Employees Sue, Calling the Breach an "Epic Nightmare"

    Bryan Starrett
    2 Jan 2015 | 8:03 am
    by Bryan Starrett, Employment Law Attorney, bstarrett@brookspierce.com You have probably heard about the recent data breach at Sony; after all, it’s not often that Kim Jong Un and Angelina Jolie are mentioned as part of the same story. Unlike other recent high profile hacks, the recent Sony hack appears to be somewhat different in character: the hackers appear to care most about using the information stolen from Sony to bring shame and scorn to the company, rather than for their own pecuniary gain. And the story appears to continue down the proverbial rabbit hole, with reports of a…
  • HHS Settlement Shows: "You'd Better Implement Those IT 'Patches' and 'Updates' or Be Ready to Pay the Price."

    Forrest Campbell
    15 Dec 2014 | 2:23 pm
    by Forrest Campbell, Health Law Attorney, fcampbell@brookspierce.com  In December 2014, the U.S. Department of Health and Human Services ("HHS") and Anchorage Community Mental Health Services ("ACMHS") settled alleged HIPAA violations for $150,000. Don't be misled--this settlement is not important just for parties subject to HIPAA. It's important to anyone who maintains confidential information in electronic form. Here's what happened according to HHS. ACMHS failed to regularly update its IT resources with available patches, and ACMHS used outdated, unsupported…
  • SIFMA Issues Cybersecurity Regulatory Principles

    David Smyth
    10 Dec 2014 | 8:48 am
    by David Smyth, Securities Enforcement Attorney, at dsmyth@brookspierce.com and blogger at Cady Bar the Door Does everyone feel compelled to comment on cybersecurity issues? It seems that way. And on October 20th the Securities Industry and Financial Markets Association jumped deeper into the fray when it issued its Principles for Effective Cybersecurity Regulatory Guidance. SIFMA goes into substantial depth for each one in the document itself, but without further ado, here they are, followed by my comments or summaries on each: 1.     The U.S.
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    Seller Beware Blog

  • "Comcast" Continues to Change the Damages Class

    Neil Rosenbaum
    2 Mar 2015 | 8:07 am
    The impact of the Supreme Court’s Comcast decision on certification of class actions, first discussed here, continues to be felt across courtrooms nationwide.   Comcast made clear that a trial court must evaluate the merits of plaintiffs’ claims at the certification stage to ensure that the proposed method for measuring damages fits plaintiffs’ theories of liability.  A judge in the Northern District of California recently decertified a class action (and declined to reconsider that decision), after expert discovery showed that Plaintiff’s damages model did not…
  • FTC Warns Manufacturers of “Biodegradable” Dog Waste Bags: Your Labels Stink

    Neil Rosenbaum
    26 Feb 2015 | 8:15 am
    As our readers know, back in 2012 the FTC issued revised “Green Guides” (you can read more about these guidelines here, here and here). These Green Guides were designed to clarify when the FTC will consider environmental attribute claims as to consumer products deceptive. Almost two and a half years later, the FTC is maintaining its enforcement pace, recently sending letters to 20 dog waste bags manufacturers warning that their environmental claims may be deceptive. The FTC sent letters to these manufacturers, in part, because of their unqualified biodegradable claims. Under the revised…
  • Zero Star Rating: Yelp Sues Fake Review Companies for Trademark Infringement

    Neil Rosenbaum
    25 Feb 2015 | 6:39 am
    On February 13, 2015, Yelp, Inc. filed a lawsuit in the Northern District of California against three companies offering to “game” Yelp’s review system by creating and posting bogus positive reviews on Yelp’s website.  Among other things, Yelp alleges that these companies are infringing Yelp’s trademarks by using them to promote fake review services.  This claim illustrates a tension in the trademark law between what constitutes fair use and what constitutes infringement. Under a leading Ninth Circuit fair use opinion, New Kids on the Block v. News Am. Publishers, Inc.,…
  • UPDATE: NY AG Continues to Go After Herbal Supplement Makers, Despite Mounting Evidence of No Wrongdoing

    Neil Rosenbaum
    23 Feb 2015 | 6:56 am
    Earlier this month, the Seller Beware blog covered New York Attorney General Eric Schneiderman’s well-publicized demand that four retail giants stop selling popular herbal supplements, allegedly because that DNA tests showed those supplements to be mislabeled. That move by the NY AG has since come under fire, as experts have come forward disputing the validity of the tests used to evaluate the supplements. Perhaps to buoy the tough position he’s taken against these herbal supplement makers, it appears the NY AG is now piling onto his earlier allegations with hefty subpoenas. The New York…
  • Online Diploma Mills Flunk Out After FTC Investigation

    Neil Rosenbaum
    13 Feb 2015 | 11:09 am
    Late last month, the Federal Trade Commission (FTC) entered into consent decrees with two Florida-based online sellers of high school diplomas.  The two companies, doing business as Jefferson High School Online and Enterprise High School Online, claimed to offer official and accredited high school diplomas that consumers can include on their resumes when applying to college and seeking a job.  Consumers can obtain these diplomas by simply taking an online exam and paying between $200 and $300.  According to an FTC court filing, these companies took in over $11 million in…
 
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    Media & Communications Policy

  • What Changed the FCC Chairman’s Mind?

    Patrick Maines
    3 Mar 2015 | 7:41 am
    On the occasion last week of the Federal Communications Commission (FCC)’s passage of “net neutrality” regulations, Tom Wheeler, chairman of the Commission, announced that it was “the proudest day of my public policy life.”  It’s not known whether that statement is a reflection of how little Wheeler feels he’s accomplished in life, or an embarrassing attempt to take credit for something that was forced on him. What we do know is that the regulation that passed with his vote – and those of the other two Democrats on the Commission – was not the much sounder one Wheeler…
  • Who’s Behind the Push for Net Neutrality?

    Patrick Maines
    23 Feb 2015 | 8:19 am
    If “net neutrality” were a life form, it would be classified as a simple organism.  And that lack of complexity, as it happens, is its very appeal to certain “progressives,” garden-variety regulators, and large Internet companies, who see in government regulation of the Internet opportunities to cement and extend their franchises. The brave and gifted Federal Communications Commission (FCC) Commissioner Ajit Pai, and former commissioner Robert McDowell, are doing all they can to point out the many already identifiable problems, as well as potential pitfalls, that line the path of…
  • ‘Forbearing’ the Constitution: Net Neutrality and the FCC

    Patrick Maines
    21 Jan 2015 | 7:29 am
    So the latest word is that the Federal Communications Commission (FCC), a branch of government that, amusingly, is still referred to as an “independent” agency, is about to enact so-called net neutrality regulations under Title II of the Communications Act. This, because according to its fans at the Commission, such regulations are needed in order to ensure a “fair and open” Internet.  Because, however, even the most passionate among them understand the many problems this would otherwise cause, the majority Democratic commissioners are said to be poised to enact regulations that…
  • We Are Not Charlie. We Are Weak.

    Patrick Maines
    16 Jan 2015 | 8:27 am
    The worst aspect of the Charlie Hebdo affair is that human beings were murdered for practicing free speech.  A distant second is the way this affair, and the earlier hacking of the Sony Pictures studio, has exposed the pieties and inadequacies of so much of the media. Speaking the other day at the Consumer Electronics Show, Kazuo Hirai, CEO of Sony Corp., is reported to have said that he was proud “of all of the employees of Sony Pictures for standing up against the extortionist efforts of those criminals that attacked” the company. Really?  No acknowledgment that the studio belatedly…
  • Rolling Stone and Journalism by Meme

    Patrick Maines
    22 Dec 2014 | 7:58 am
    It’s getting hard to keep track of it all.  From the over-the-top coverage by CNN of the Ferguson, Mo., affair, to Rolling Stone’s imploding UVA rape story, to the likely demise of The New Republic, it’s the media themselves who have lately been the story. And not a good one.  Recalling the recent CNN panel that raised their hands in “solidarity” with the Ferguson protesters, Paul Bedard of the Washington Examiner awarded CNN four out of five “screams” for endorsing this discredited narrative. Meanwhile, the Rolling Stone story, about which the magazine says it is in…
 
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    media law news - Google News

  • Faced With Foreign Media Law, Sweden's MTG Seeks to Quit Russia - The Moscow Times

    4 Mar 2015 | 4:02 am
    The Moscow TimesFaced With Foreign Media Law, Sweden's MTG Seeks to Quit RussiaThe Moscow TimesThe move comes after President Vladimir Putin signed a law last year that limits foreign ownership of media companies to 20 percent. Vedomosti, citing two sources close to the companies, said MTG was looking to sell the entire stake and Swiss MTG denies CTC Media saleBroadband TV NewsMTG denies CTC sale reportsDigitalTVEurope.netall 9 news articles »
  • Australia's social media censorship law – for the children - all-but passes - The Register

    4 Mar 2015 | 2:38 am
    The RegisterAustralia's social media censorship law – for the children - all-but passesThe RegisterThe Enhancing Online Safety for Children Bill 2014 has passed Australia's Senate, meaning the nation now has a regime for compelling social networks to remove material deemed to represent bullying of children. The Bill defines bullying material as ...and more »
  • Frankie Boyle and John Cleese back push for media plurality law - The Guardian

    4 Mar 2015 | 2:36 am
    The GuardianFrankie Boyle and John Cleese back push for media plurality lawThe Guardian“Media concentration in Britain remains at worrying levels and, despite what we have learned over the last few years, a handful of media corporations and individuals continue to have considerable power over our news, cultural life and access to John Cleese Calls for U.K. Law Against Media ConcentrationHollywood Reporterall 2 news articles »
  • Netflix Europe to fall under Dutch media law - Telecompaper (subscription)

    4 Mar 2015 | 12:11 am
    Netflix Europe to fall under Dutch media lawTelecompaper (subscription)The Dutch Media Commissioner (CvdM) announced that it has become the regulatory body overseeing Netflix in Europe. The US-based company moved its fiscal and administrative head office to Amsterdam from Luxembourg this year and as a result falls ...
  • Why work in small law? Blogging and social media - Real Lawyers Have Blogs (blog)

    3 Mar 2015 | 10:59 pm
    Why work in small law? Blogging and social mediaReal Lawyers Have Blogs (blog)Solo practioner and author, Carolyn Elefant (@carolynelefant) asks what would want to make you work as a lawyer for a small law firm. Her point being that small law firms do not want to pay associates much. Newer lawyers require training, the associate
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    Laurence Kaye on Digital Media Law

  • Data protection and the digital agenda

    LaurenceKaye
    2 Mar 2015 | 11:00 am
    Dear reader For as many years as I can remember, my mantra at the beginning of the year has been that "This year, privacy and data protection will be high on the Board agenda." And each year, with a few exceptions, it hasn't. But perhaps 2015 will be different. For instance, there were quite a few comments at Davos about loss of trust in the US consumer technology giants, drawing parallels with the banking industry. For other reasons, privacy and data protection is in the news, as the terrorist attacks in France have brought into focus the rights of the State to intercept and…
  • Rights in databases: IP rights 0: Contracts 1

    LaurenceKaye
    29 Jan 2015 | 12:26 am
    Dear reader Apologies for the rather cryptic title of this post which concerns this month's decision of the European Court of Justice in Ryanair Ltd vs PR Aviation BV. This goes back to 2010 and Ryanair's complaint to a Dutch Court about PR Aviation 'scrapping' the Ryanair database. PR Aviation operate a price comparison and booking site for flights, for which purpose it scraped data from the Ryanair website. The case illustrates that in an age of 'machine to machine' communications, contracts and licences may trump intellectual property rights. Ryanair argued…
  • Copyright & Innovation - let's get this right

    LaurenceKaye
    24 Jan 2015 | 10:47 am
    Dear reader 2015 is set to be the year of copyright debate. My friends at the IPKat Blog describe here how things are hotting up, following the European Commission publishing its Report on responses to last year's Copyright Consultation, and, as IPKat reports, the  EU Commissioner for Digital Economy and Society, once again made clear on Twitter that having “modern copyright rules” is one of the key goals for 2015. You'll know how quickly the copyright debate becomes polarised. But I'm going to take the risk of being labelled 'luddite' when I take issue…
  • Google News - hasta la vista

    LaurenceKaye
    12 Dec 2014 | 9:21 am
    Dear reader I've written on a number of occasions over the years on how the liability position of Google and other intermediaries is shifting from a simple "I'm just a host, so don't look to me" to one of increasing responsibility. In the Court of Justice of the EU's decision in Google Spain and Google, Inc vs. AEPD (Spanish Data Protection Authority) and Snr. Gonzalez, the Court was clear that Google, Inc was a 'data controller' and so within scope of European data protection law. Yesterday, Google announced that it is shutting down Google News in…
  • A Torrent of Copyright Infringement

    LaurenceKaye
    26 Oct 2014 | 3:54 am
    Dear reader Back in the day - well, around 1998 to 2001 when the E-Commerce Directive 2000/31/EC and the  InfoSoc (aka Copyright) Directive 2001/29/EC were being negotiated almost in parallel - a lot of time was spent discussing the role of intermediaries such as ISPs in tackling online infringement. The core challenge was balancing a 'hosting immunity' under Article 14 of the E-Commerce Directive with the need for intermediaries to play an effective role in dealing with online infringement hosted on or accessed via their servers. The outcome was Article 14 of the…
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    Shear on Social Media Law

  • White House Releases Disappointing Consumer Privacy Draft Bill

    27 Feb 2015 | 6:18 pm
    Privacy in school, at home, and at work has become a very hot topic over the past several years due to the increased amount of our everyday activities that are being digitized.  Earlier today, The White House released an administration discussion draft of the President's vision for enhanced consumer privacy protections.  Unfortunately, the proposal appears to fall short.  According to Jeff Chester of the Center for Digital Democracy, the draft is "a big victory for the tech industry because it really sidelines the FTC and removes it as an effective force." …
  • Maryland's Student Data Privacy Act of 2015

    19 Feb 2015 | 8:29 pm
    Last fall, California enacted what Education Week called a "landmark" student-data privacy law (SB 1177).  This was passed because some educational technology companies were caught abusing their access to personal student data.  As a parent, the digital privacy of my children is very important.  I don't want an educational technology vendor using my kids' school created digital data for behavioral advertising or for profiling purposes that may be utilized to discriminate against them in the future.  The Family Educational Educational Rights…
  • Law Enforcement Access To Data Stored Abroad Act Introduced

    16 Feb 2015 | 7:25 pm
    Late last week, Sen. Orrin Hatch of Utah introduced the Law Enforcement Access To Data Stored Abroad Act (LEADS Act) which would require law enforcement to obtain a warrant under the Electronic Communication Privacy Act (ECPA) to obtain the content of subscriber communications from an electronic communications or cloud computing service.  According to Sen. Hatch, the legislation would "strengthen privacy in the digital age and promote trust in US technologies worldwide by safeguarding data stored abroad, while still enabling law enforcement to fulfill its important public safety…
  • Student Forced To Change Schools Because His Social Media Activity Indicated His Sexual Orientation

    10 Feb 2015 | 7:35 am
    The Social Media Age has drastically changed how we interact with others and how we express ourselves.  For example, we may connect professionally on LinkedIn, like a product or service on Facebook, or we may film videos about our thoughts and activities and post them on YouTube.  These platforms were not available to us just 15 years ago.While the Social Media Age has created tremendous new opportunities to do business, communicate with others, and express ourselves, there is also a dark side to all of this sharing and connectedness. Its plain old discrimination.  According to…
  • Emoji Evidence Important in Silk Road Trial

    1 Feb 2015 | 8:32 pm
    Have you ever sent a text or email with an emoji?  For those who don't know what an emoji is, it is a small picture that helps demonstrate an emotion.  Some examples include a smiley face or a frown that is included at the end of a text or inside of an email.  An emoji or emoticon should only be inserted after carefully weighing the potential legal consequences.  Every time you insert a smiley face or frown in a text or email you need to realize that it may be utilized as digital evidence.  An emoticon may create tremendous…
 
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