Media Law

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  • FCC Chair Proposes Action To Address Consumer Complaints On Robocalls, Marketing Calls

    Media Law Prof Blog
    Media Law Prof
    27 May 2015 | 2:16 pm
    FCC Chair Tom Wheeler is proposing new ways to protect consumers against unwanted phone calls, including robocalls and sales messages. In a proposal he began circulating today, Mr. Wheeler listed a number of actions which would allow consumers to protect...
  • Washington, North Dakota, and Virginia Deepen Commitment to Data Breach Prevention and Cybersecurity

    Seller Beware Blog
    Neil Rosenbaum
    28 May 2015 | 6:33 am
    Continuing a national trend to enact or bolster state data breach notification laws, two more states signed new amendments into law this month that expand notification requirements for businesses that experience a data security breach.  In addition to increasing notification obligations, both states also refined the scope of data that will trigger those obligations.  In addition, Virginia established a new governmental organization to collect and share information on cybersecurity threats and took action to encourage statewide adoption of technologies that will enhance financial…
  • Judge Explains Why Pandora Must Pay 2.5 Percent of Revenue to BMI

    THR, Esq.
    Eriq Gardner
    28 May 2015 | 2:14 pm
    An unsealed opinion goes into detail about how songwriter royalties are calculated.read more
  • Laws Try to Resolve Employer-Employee Social Media Conflicts - Wall Street Journal (blog)

    media law news - Google News
    28 May 2015 | 12:07 pm
    Wall Street Journal (blog)Laws Try to Resolve Employer-Employee Social Media ConflictsWall Street Journal (blog)Connecticut this month became the 21st state to enact a social media privacy law, and the absence of an overriding federal law means companies with employees in multiple states have to stay abreast of what changes are being made where, and how they ...
  • Creativity, Internet and Politics - biggest opportunities and threats

    Laurence Kaye on Digital Media Law
    LaurenceKaye
    1 May 2015 | 8:22 am
    Dear reader I recently took part in a session at the London Book Fair organised by the Publishers Association on 'Creativity, Internet and Politics'. Chaired by the Publisher Association's CEO Richard Mollett, the panel - me, Simon Milner from Facebook and Tony Burke from Unite - answered two questions: what is the single most exciting opportunity and the single greatest concern posed by the development of the digital economy?"  Reading David Cameron's paeans of praise this week to UK small businesses, and with the forthcoming Election in mind, I thought I'd…
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    Media Law Prof Blog

  • FCC Chair Proposes Action To Address Consumer Complaints On Robocalls, Marketing Calls

    Media Law Prof
    27 May 2015 | 2:16 pm
    FCC Chair Tom Wheeler is proposing new ways to protect consumers against unwanted phone calls, including robocalls and sales messages. In a proposal he began circulating today, Mr. Wheeler listed a number of actions which would allow consumers to protect...
  • Regulating the Advertising of e-Cigarettes: First Amendment Issues

    Media Law Prof
    27 May 2015 | 1:25 pm
    Eric N. Lindblom, Georgetown University, O'Neill Institute for National and Global Health law, has published Effectively Regulating E-Cigarettes and Their Advertising — And the First Amendment at 70 Food & Drug Law Journal 57 (2015). Here is the abstract. If...
  • "It Seems To Me I've Heard That Song Before"

    Media Law Prof
    27 May 2015 | 9:40 am
    The American Federation of Musicians is still hearing sour notes. Eriq Gardner (The Hollywood Reporter) reports that the AFM has filed a second lawsuit against the biggest studios in Hollywood (Columbia Studios, Paramount, Twentieth Century Fox, and others) for repeatedly...
  • Remixing and Crowdsourcing

    Media Law Prof
    27 May 2015 | 7:40 am
    Jacqueline D. Lipton, University of Akron School of Law, and John Tehranian, Southwestern Law School, have published Derivative Works 2.0: Reconsidering Transformative Use in the Age of Crowdsourced Creation in volume 109 of Northwestern University Law Review (2015). Here is...
  • EU Data Protection Law and Media Speech

    Media Law Prof
    26 May 2015 | 1:21 pm
    David Erdos, University of Cambridge Faculty of Law; Trinity Hall, is publishing a revised version of Fundamentally Off Balance: European Union Data Protection Law and Media Expression in International and Comparative Law Quarterly (2015). Here is the abstract. The European...
 
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    Seller Beware Blog

  • Washington, North Dakota, and Virginia Deepen Commitment to Data Breach Prevention and Cybersecurity

    Neil Rosenbaum
    28 May 2015 | 6:33 am
    Continuing a national trend to enact or bolster state data breach notification laws, two more states signed new amendments into law this month that expand notification requirements for businesses that experience a data security breach.  In addition to increasing notification obligations, both states also refined the scope of data that will trigger those obligations.  In addition, Virginia established a new governmental organization to collect and share information on cybersecurity threats and took action to encourage statewide adoption of technologies that will enhance financial…
  • Two Key Takeaways from the FTC’s Consumer Product Warranty Rule Review Process

    Neil Rosenbaum
    27 May 2015 | 6:07 am
    Last week, the FTC announced that after completing its review of the FTC rules governing consumer product warranties under the Magnuson-Moss Warranty Act, it has decided to keep many of the rules in their current form, with only slight modifications.  The warranty rules have implications for a broad range of retailers and manufacturers as the rules cover warranties on automobiles, personal computers, mobile devices, appliances, and a host of other consumer products.  As we previously reported, the FTC began its review of the warranty rules, guidance, and interpretations in 2011 as…
  • Vermont’s GMO Statute and Recently Enacted Regulations Remain Effective Pending Continued Challenges in Federal Court

    Neil Rosenbaum
    5 May 2015 | 1:18 pm
    A federal judge ruled last week that Vermont’s first-in-the-nation genetically modified organism (GMO)-labeling law, Act 120, can go into effect even while it is being challenged in court.  Both GMO-labeling proponents and the food industry have closely watched Vermont since nationwide distribution networks make it likely that a requirement to label products sold in one state may as well apply in all states. As we reported last October, Act 120 is being challenged in Vermont federal court by several trade groups, lead by the Grocery Manufacturers Association (GMA).  GMA contends…
  • Guess the Discount at the Outlets

    Neil Rosenbaum
    4 May 2015 | 9:33 am
    As mentioned in a previous post, the latest attacks on retailers are class actions claiming retail outlet and factory stores employ deceptive pricing practices. These lawsuits allege either that the outlet sells items not available at non-outlet locations so any discounts are illusory, or that the outlet inflates the non-outlet “Compare At” price. Last month, Guess, Inc. joined the ranks of other retailers, such as The Gap, Ralph Lauren, and Nordstrom, that have been subject to these lawsuits.   Plaintiff claims that because the “Manufacturer Suggested Retail” price (MSRP) at…
  • Trademark Owners to Domain Name Registry: That .sucks

    Neil Rosenbaum
    28 Apr 2015 | 11:31 am
    On April 9, 2015, the Internet Corporation for Assigned Names and Numbers (ICANN), the body governing the registration of domain names, initiated an inquiry into the practices of the Canadian company Vox Populi, the domain name registry that was selected to operate the “.sucks” generic top level domain.  In a letter to the Federal Trade Commission, ICANN asked whether the new registry’s practice of selling second-level domain names to trademark owners at exorbitant prices violated any American laws.  A second level domain is the name to the left of the “dot” such as…
 
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    media law news - Google News

  • Laws Try to Resolve Employer-Employee Social Media Conflicts - Wall Street Journal (blog)

    28 May 2015 | 12:07 pm
    Wall Street Journal (blog)Laws Try to Resolve Employer-Employee Social Media ConflictsWall Street Journal (blog)Connecticut this month became the 21st state to enact a social media privacy law, and the absence of an overriding federal law means companies with employees in multiple states have to stay abreast of what changes are being made where, and how they ...
  • Immigration Law's Third Rail - KQED

    28 May 2015 | 12:11 am
    KQEDImmigration Law's Third RailKQEDA Reagan-era law made it illegal to work without proper immigration papers and Christopher Punongbayan says it's time for that law to change. By Christopher Punongbayan. I recently sent the most difficult text message I've ever had to send in my life
  • MEDIA: PennySaver may have broken law, state agency says - Press-Enterprise

    27 May 2015 | 2:06 pm
    Press-EnterpriseMEDIA: PennySaver may have broken law, state agency saysPress-EnterpriseA state agency is investigating whether PennySaver violated labor law by laying off 678 employees without notice when it abruptly closed down its operations on Friday, the office of California's Labor Commissioner said Tuesday afternoon. At about the and more »
  • Duggar Father-In-Law Exposes Huge Part Of Josh Duggar Situation The Media ... - Western Journalism

    26 May 2015 | 7:07 pm
    Western JournalismDuggar Father-In-Law Exposes Huge Part Of Josh Duggar Situation The Media Western JournalismIn a lengthy online post, Michael Seewald, father-in-law to Jessa Duggar Seewald (Josh's sister), stated his reasons why he is “rooting” for and standing by Josh and the Duggar family. He also reminded readers of some very important people who have Duggar Father-in-Law Speaks Out to Defend Family: 'Did Not Turn a Blind Eye'Mediaiteall 342 news articles »
  • Geller accuses media of enforcing Sharia Law - Dallas Voice

    26 May 2015 | 2:24 pm
    Dallas VoiceGeller accuses media of enforcing Sharia LawDallas VoiceShe complains the media is enforcing Sharia Law and freedom of speech is under attack. Here's what she doesn't understand. Freedom of the press means we have the right to print what we like and don't have to print what we don't want. Most media outlets ...
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    Laurence Kaye on Digital Media Law

  • Creativity, Internet and Politics - biggest opportunities and threats

    LaurenceKaye
    1 May 2015 | 8:22 am
    Dear reader I recently took part in a session at the London Book Fair organised by the Publishers Association on 'Creativity, Internet and Politics'. Chaired by the Publisher Association's CEO Richard Mollett, the panel - me, Simon Milner from Facebook and Tony Burke from Unite - answered two questions: what is the single most exciting opportunity and the single greatest concern posed by the development of the digital economy?"  Reading David Cameron's paeans of praise this week to UK small businesses, and with the forthcoming Election in mind, I thought I'd…
  • 2015 - The Digital Media Law Battle Lines Are Drawn

    LaurenceKaye
    29 Mar 2015 | 10:56 am
    Dear reader Make no mistake, this year marks the start of the real showdown for copyright law in Europe, alongside parallel debates taking place in the US and elsewhere. The momentum for change in Europe comes from the inclusion of copyright (as well as data protection, telecoms regulation, digital infrastructure et al) as part of Commissioner Oettinger's Digital Single Market Agenda portfolio. You can get the picture from the Commission's Digital Single Market infographic - here - and the words in the Commission's Press Release issued on March 25th here, which set out…
  • 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…
 
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    Shear on Social Media Law

  • Drone Privacy Policy Released By DOJ

    24 May 2015 | 12:06 pm
    While most of the country was thinking about the Memorial Day weekend, the U.S. Department of Justice released its policy guidance on domestic use of unmanned aircraft systems.  According to The Hill, the new DOJ policy is based upon a presidential memorandum that outlined some of the civil liberty issues inherent with drone usage.  Drones and other new and exciting technologies are here to stay.  However, there are significant privacy, surveillance, and other civil liberty issues that must be balanced when utilizing these new tools.  My hope…
  • Instagram Photos Show Slip and Fall Lawsuit Against NYC Is Frivolous

    23 May 2015 | 8:16 am
    Taking photos and sharing them digitally is so easy.  However, just because it is, that doesn't mean you should do so.  In Silicon Valley, the term "frictionless sharing" was coined to describe the ability to make it as simple as possible to share your personal content with others via the Internet and apps.  Technology companies make billions of dollars per year in advertising revenue due to frictionless sharing.  This capability is so important to the monetary viability of many digital companies that some of them recently spent millions of dollars lobbying…
  • Adult Sex Website Hacked, Personal Data At Risk

    22 May 2015 | 8:35 pm
    The Internet and apps may be utilized for many productive and interesting activities.  For example, users and companies may engage in Business to Business (B to B), Business to Consumer (B to C) commerce, general digital marketing/branding, etc....  However, some of the most popular digital activities include viewing porn and cheating on one's spouse.  In 2013, The Huffington Post reported that porn sites receive more traffic than Netflix, Amazon, and Twitter combined.  Internet porn is ingrained in popular culture.  Who can…
  • DOJ Will Be More Transparent About Secret Cell Phone Tracking

    3 May 2015 | 7:06 pm
    The U.S. Department of Justice (DOJ) has stated that it will soon become more transparent about its secret cell phone tracking program.  According to The Wall Street Journal, "the Federal Bureau of Investigation has begun getting search warrants from judges to use the devices, which hunt criminal suspects by locating their cellphones, the officials said. For years, FBI agents didn’t get warrants to use the tracking devices."This change in behavior is welcome news.  Law enforcement should be required to obtain a warrant before deploying these technologies.  Police…
  • Facebook Threatens European Regulators Over Stronger Privacy Laws

    1 May 2015 | 8:03 am
    In a very troubling development that shows Facebook's true colors, one of its corporate executives stated that if European regulators continue to scrutinize Facebook's data collection and utilization practices its citizens will not be provided certain features in a timely manner.  This veiled threat to European regulators demonstrates that the EU is on the right track in questioning the data privacy policies and practices of Facebook and other Internet companies.  Manufacturers of cars and heavy machinery, pharmaceutical companies, banks, chemical companies, etc.. are required…
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