The congressional Benghazi hearings may leave room for debate about why the Administration acted as it did before, during, and after the tragedy, but they surely put to rest any lingering claims that the attack was a consequence of that YouTube video, “Innocence of Muslims." As noted here and here, this was not the first time people rushed to link a murderous act with controversial speech, and it won’t be the last. But it should stand as an abiding lesson for producers and consumers of the news, and for commentators of all stripes, to be deeply skeptical of similar…
Media Law
-
Most Topular Stories
-
Putting a Coda to the Myth of That YouTube Video
Media and Communications Policy9 May 2013 | 7:32 am -
Word Frequency and Its Meaning
Media Law Prof Blog21 May 2013 | 12:40 pmDavid Brooks discusses whether the frequency of words as revealed in the printed book means anything at all (here, in the New York Times). Read one of the articles he discusses in his NYT piece here. Try searching the Google... -
Justice Dept.'s Media Investigation Policy Falls Flat Compared to Other Protections Against Press Intrusion
Digital Media Law Project15 May 2013 | 5:53 amAs has been widely reported, the U.S. Department of Justice has disclosed that it has obtained two months' worth of telephone records from 20 separate phone lines assigned to the journalists and offices of the Associated Press. The Associated Press was not informed of the investigation before the DOJ acquired the telephone data, which could potentially reveal confidential sources and editorial strategy (among other sensitive information). The incident has resulted in widespread condemnation of the DOJ's actions by the press and demands for accountability and reform. In response, the DOJ has… -
Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law
Newsroom Law Blog29 Apr 2013 | 2:53 pmIn a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court granted certiorari in a case brought by non-Virginians challenging that requirement under the Privileges and Immunities Clause and the dormant Commerce Clause of the U.S. Constitution. The Court's decision today affirmed a ruling by Fourth Circuit. Under Section 2.2-3704(A) of the Virginia FOIA statute, all public records shall be open to inspection and… -
California Requires Human Trafficking Signs for Certain Businesses
Consumer Advertising Law Blog20 May 2013 | 6:53 amContinuing its efforts to lead the country both in establishing new requirements to help combat human trafficking and requiring signs in businesses across the state, California now requires certain businesses to post a special notice providing information to potential and actual victims of human trafficking. The new law, S.B. 1193, went into effect on April 1, 2013. This posting requirement applies to bars, truck stops, massage parlors, job recruitment centers, emergency rooms, and various other establishments that trafficking victims might frequent. It is intended to raise…
-
Media Law Prof Blog
-
Word Frequency and Its Meaning
21 May 2013 | 12:40 pmDavid Brooks discusses whether the frequency of words as revealed in the printed book means anything at all (here, in the New York Times). Read one of the articles he discusses in his NYT piece here. Try searching the Google... -
CBS Pulls Final Season "Mike and Molly" Episode From Schedule, Shows Repeat
21 May 2013 | 12:11 pmIn order to be responsive to the tragedy in Moore, Oklahoma, CBS pulled the final episode of the season of Mike & Molly, due to air Monday night, in which a tornado hits Chicago. Instead, the network aired a repeat... -
FCC Acting Chair Mignon Clyburn Releases Statement To Staff
20 May 2013 | 11:02 amSTATEMENT FROM FCC ACTING CHAIRWOMAN MIGNON CLYBURN TO STAFF “By now you may have heard, that President Obama has asked me to serve as Acting Chair of the FCC, pending the confirmation of Tom Wheeler. I wish to express my... -
Professor Arthur Miller To Moderate June 8th Panel on Privacy For Concord Law School
15 May 2013 | 1:23 pmFrom Sara J. Berman, Assistant Dean for Bar Support Programs & Professor of Law, Concord Law School, an announcement of an upcoming panel on individual privacy in today's environment led by Professor Arthur R. Miller. Other panelists include Joseph Aldaheff,... -
Copyright Protection and Information Flow
15 May 2013 | 9:05 amGuy Pessach, Hebrew University of Jerusalem, Faculty of Law; Yale University of Law School, is publishing Deconstructing Disintermediation - A Skeptical Copyright Perspective in the Cardozo Arts & Entertainment Law Journal. Here is the abstract. This essay attempts to uncover...
-
Digital Media Law Project
-
Justice Dept.'s Media Investigation Policy Falls Flat Compared to Other Protections Against Press Intrusion
15 May 2013 | 5:53 amAs has been widely reported, the U.S. Department of Justice has disclosed that it has obtained two months' worth of telephone records from 20 separate phone lines assigned to the journalists and offices of the Associated Press. The Associated Press was not informed of the investigation before the DOJ acquired the telephone data, which could potentially reveal confidential sources and editorial strategy (among other sensitive information). The incident has resulted in widespread condemnation of the DOJ's actions by the press and demands for accountability and reform. In response, the DOJ has… -
3D Printed Guns and the First Amendment
10 May 2013 | 4:34 pmSeveral news organizations are reporting today that the U.S. Government, through the Department of State, through the Directorate of Defense Trade Controls (DDTC), sent a letter to the organization Defense Distributed, requesting the immediate removal of several "data files" (in their words) off of their DEFCAD website that they claim violate federal law, including the plans for the "Liberator" 3D-printed handgun. The letter was phrased in the manner of a request, but one can be sure that sanctions would follow should Defense Distributed simply ignore the letter. (The… -
Peteski Productions, Inc. v. Gawker Media, Inc.
10 May 2013 | 6:49 am -
"Newsgathering in Massachusetts" Guide Now Available Online!
8 May 2013 | 7:12 amThe Digital Media Law Project is pleased to announce the online release of its new legal resource, Newsgathering in Massachusetts, co-produced with the Harvard Law School Cyberlaw Clinic. Our new guide is a PDF document formatted for booklet printing, and provides background legal information on the rights of independent and institutional journalists to collect information in Massachusetts. It covers core topics in Massachusetts newsgathering law, including: open meetings and public records laws; access to courts and courtrooms; recording courtroom proceedings; recording the activities… -
When Comments Turn Ugly: Newspaper Websites and Anonymous Speech
7 May 2013 | 8:57 amDan Kennedy has reported on an interesting anonymous speech issue brewing (or perhaps already boiled over) in the town of Cohasset, Massachusetts. It seems that the board of selectpeople of Cohasset has been concerned recently about ad hominem attacks on their members, delivered through the medium of the comment sections of the websites of the Quincy Patriot Ledger and the Cohasset Mariner. The board has debated issuing a subpoena through the Town Counsel to identify the commenters, allegedly to determine whether the comments were being posted from computers owned by the own in violation of…
-
Newsroom Law Blog
-
Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law
29 Apr 2013 | 2:53 pmIn a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court granted certiorari in a case brought by non-Virginians challenging that requirement under the Privileges and Immunities Clause and the dormant Commerce Clause of the U.S. Constitution. The Court's decision today affirmed a ruling by Fourth Circuit. Under Section 2.2-3704(A) of the Virginia FOIA statute, all public records shall be open to inspection and… -
Kozinski Concurrence Questions Anti-SLAPP Application
24 Apr 2013 | 8:30 amWe wroterecently about Sherrod v. Breitbart and O’Connor, the case argued last month in the D.C. Circuit that asks the Court to decide, among other questions, whether the District of Columbia’s anti-SLAPP statute should be applied in federal court. The federal courts of appeals that have analyzed this question have all agreed that state anti-SLAPP statutes should be applied—at least to some degree—in federal court. Those cases point to the Ninth Circuit’s 1999 decision in Newsham v. Lockheed Missiles & Space Co., in which the Court held that… -
A Salute to Anthony Lewis
28 Mar 2013 | 10:20 amWe would be remiss if we failed to note the recent passing of Anthony Lewis, long-time columnist and Supreme Court reporter for the New York Times. Lewis died on March 25 at the age of 85. Lewis won two Pulitzer Prizes and is the author of two of the most widely read books on Supreme Court history – “Gideon’s Trumpet,” which detailed the Court’s 1963 decision in Gideon v. Wainwright guaranteeing legal representation to criminal defendants charged with serious crimes and “Make No Law,” which described the Court’s seminal 1964 decision in… -
Timing is Everything -- Breitbart Case Highlights Deadline Issue
25 Mar 2013 | 12:33 pmLast week, we made our first foray into Sherrod v. Breitbart and O’Connor, which was argued in the D.C. Circuit several weeks ago and which will, hopefully, address the question whether the District of Columbia’s new anti-SLAPP statute should be applied by a federal court sitting in diversity. In that post, we noted that the case also presented an interesting timeliness question. In denying the defendants’ motion to dismiss brought pursuant to the D.C. anti-SLAPP statute, the district court held that the motion was not timely filed. It is important to understand… -
D.C. Circuit Considers Anti-SLAPP Case
21 Mar 2013 | 3:08 pmUntil now, we have not yet waded into the legal and political morass that is Shirley Sherrod v. Andrew Breitbart and Larry O’Connor. In case you have not picked up a newspaper in the past three years, this is a complaint brought by a former official with the U.S. Department of Agriculture against Andrew Breitbart and one of his employees. The Washington Post described the case as follows: Sherrod was ousted from her job as an Agriculture Department rural-development official in 2010 after Breitbart posted an edited video of Sherrod, who is black, supposedly making…
-
Consumer Advertising Law Blog
-
California Requires Human Trafficking Signs for Certain Businesses
20 May 2013 | 6:53 amContinuing its efforts to lead the country both in establishing new requirements to help combat human trafficking and requiring signs in businesses across the state, California now requires certain businesses to post a special notice providing information to potential and actual victims of human trafficking. The new law, S.B. 1193, went into effect on April 1, 2013. This posting requirement applies to bars, truck stops, massage parlors, job recruitment centers, emergency rooms, and various other establishments that trafficking victims might frequent. It is intended to raise… -
Third Circuit Affirms Dismissal of Food Class Action on Preemption Grounds
17 May 2013 | 6:53 amThe Third Circuit recently upheld the dismissal of a class action complaint against Johnson & Johnson (J&J) challenging the labeling of its Benecol Spreads bearing the statements “No Trans Fat” and “Proven to Reduce Cholesterol.” The plaintiff argued that these statements were false and misleading because Benecol contains trace amounts of trans fat, which the plaintiff alleged may be harmful to heart health. A three-judge panel affirmed the district court’s ruling that the Nutrition Labeling and Education (NLEA) preempted the plaintiff’s claims. The NLEA… -
Just When You Thought It Was Safe . . . The Lacey Act Debate Returns
16 May 2013 | 12:55 pmOn May 16, 2013, the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs (of the House Committee on Natural Resources) will hold an oversight hearing regarding the 2008 Amendments to the Lacey Act, a subject on which we posted a blog previously. The Lacey Act prohibits, among other things, trade in plants and plant products that have been taken, transported, or sold in violation of law, including the law of other countries. The hearing will focus on the effectiveness and efficiency of the Lacey Act, and will examine potential modifications to the law. Last year --… -
Oops! Pricing Mistakes By Online Retailers
13 May 2013 | 8:46 amAn online retailer of video game hardware peripherals, software, and systems, Razer, recently suffered an apparently costly glitch on its UK website. A coupon code offering 90% off many products, intended for use only in a behind-the-scenes test of the company’s website shopping cart, was accidentally released to the public. Customers naturally jumped at the opportunity. Razer is hardly the first online retailer to suffer such an advertising glitch. Zappos and others have found themselves in a similar predicament. Generally, companies in that situation have… -
Gov. Jerry Brown Proposes “Update” to California’s Notorious Warning Law
9 May 2013 | 7:42 amOn May 7, 2013, California Governor Jerry Brown announced plans to “update” Proposition 65, the 1986 voter initiative that is at the top of the list of laws that give California a bad name in the business community. Recognizing that there have been examples of “unscrupulous lawyers driven by profit rather than public health,” the Governor’s proposals would seek to impose additional requirements on private plaintiffs and their attorneys. The proposals would also take aim at changes to the law’s standard for when warnings are required and what certain types of warning…
-
Media and Communications Policy
-
Putting a Coda to the Myth of That YouTube Video
9 May 2013 | 7:32 amThe congressional Benghazi hearings may leave room for debate about why the Administration acted as it did before, during, and after the tragedy, but they surely put to rest any lingering claims that the attack was a consequence of that YouTube video, “Innocence of Muslims." As noted here and here, this was not the first time people rushed to link a murderous act with controversial speech, and it won’t be the last. But it should stand as an abiding lesson for producers and consumers of the news, and for commentators of all stripes, to be deeply skeptical of similar… -
Facebook Jumps Into the Political Fray
8 May 2013 | 11:22 amThe resolution of the flap over campaign ads paid for by a group (Fwd.us) funded by some leading tech barons, most notably Facebook’s Mark Zuckerberg, is going to be revealing of many things. Perhaps for the first time the tech industry is giving financial and intellectual support to political campaigns that are bound to attract the enmity of many of the most fanatical people and organizations in the country: nativists, the public education lobby, and environmentalists among them. The goals of Fwd.us are few but clear. They want immigration reform, education reform, and support… -
Blessings Amid the Gloom
2 May 2013 | 7:40 amJust as men don’t live by bread alone, bloggers too are people of many parts. Which is why I give you the following, all courtesy of YouTube. Robbie Firmin, age 7, a contestant on “Britain’s Got Talent,” who reveals something about his auntie that she was probably not expecting: youtube.com/watch?v=HMNTlPa4Xi8. From an unemployment office in Madrid, a flashmob performs “Here Comes the Sun”: youtube.com/watch?v=fHK2lxS5Ivw. An orchestra, and chorus of 10,000! Japanese singers, performing (in German) Beethoven’s Ninth… -
Britain Opts To Censor the Press
24 Apr 2013 | 5:00 amWith its peerage and royals, Beefeaters and such, Britain in the 21st century sometimes seems like a large theme park, but its historical influence on the USA is clear. From language to culture, and above all to law, what’s happened in Britain hasn’t stayed in Britain. Which is precisely why that nation’s new press law, which creates by “royal charter” a speech-suppressing media “watchdog,” is so much to be rued. Briefly stated, the watchdog will have the power to oblige participating media to post apologies and take complaints into… -
David Stockman Riles the Commentariat
9 Apr 2013 | 3:00 amUnless you’re a demagogue or an ideologue (or, like Paul Krugman, both), it might have occurred to you that this country’s outsized money printing by the Fed and our ongoing fiscal deficits are going to end badly; that the debts being piled up, at the velocity of a hurricane, will never be repaid (indeed couldn’t be repaid other than with greatly devalued dollars); and that the likely end result therefore is going to be destabilizing inflation, and the passing along to future generations of staggering debt. To harbor such thoughts is not only rational but wise, and…
-
Student Press Law Center
-
TRANSPARENCY TUESDAY: It’s easier than ever to find out what private colleges, foundations and athletic associations are spending
21 May 2013 | 12:51 pmThe way that the IRS regulates nonprofit organizations is much in the headlines for all the wrong reasons. These headlines are a reminder that any nonprofit organization — including a private college — must make extensive disclosures to the IRS that are a matter of public record. A must-have document for anyone doing research on [...] -
Station break: Educational broadcasters can get some relief from the FCC — but only if they let students run the show
19 May 2013 | 8:36 amCollege broadcast stations that commit minor paperwork lapses, such as failure to keep a complete licensure file on-site for public inspection, have been socked with fines as high as $9,000 in recent years — fines that can exceed the annual operating budget for the entire station. Finally, some relief is on the way. The Federal Communications [...] -
College won’t give you public records about crime? Maybe it’s because … crime, what crime, we didn’t see any crime.
16 May 2013 | 11:42 amThis morning, I learned that Elizabeth City State University in North Carolina is being investigated by the State Bureau of Investigation after city police discovered at least 126 reports of crimes since 2007 that campus police failed to investigate, including 18 reports of sexual assaults. When I saw the news, I was immediately reminded of [...] -
TRANSPARENCY TUESDAY: Campus surveillance enters the drone zone
14 May 2013 | 4:20 pmAided by technological advances, government agencies are constantly inventing new ways to collect information — and it was only a matter of time before “drone surveillance” made it way onto college campuses. Last week’s announcement that the University of Alabama-Huntsville had acquired a fleet of unmanned aerial vehicles with an eye toward equipping them with police [...] -
Federal “harassment” agreement with University of Montana exposes journalists to risk of discipline for writing about sex
14 May 2013 | 3:00 pmNew federal guidance about what constitutes sexually harassing speech on college campuses appear to expand the definition of “harassment” to include harmless references to sexual topics, even those in student media. Two federal agencies, the Department of Justice and the Department of Education, announced a settlement last week in their investigation of the University of [...]
-
Blog of Rights: Official Blog of the American Civil Liberties Union
-
Justice Department's Overreaching on Leaks Threatens Freedom of the Press
21 May 2013 | 12:54 pmA week after the Department of Justice notified the Associated Press that it had secretly seized records for more than 20 phone lines in a leak investigation, The Washington Post uncovered an overlooked search warrant in another leak case that raises similar – and perhaps more serious – constitutional concerns. The Post reported that in 2010, an FBI counterespionage agent obtained a sealed search warrant for access to the Gmail account of James Rosen, Fox News's chief Washington correspondent. The agent also pulled records from the State Department showing Rosen's comings and goings, as… -
Prestigious Law Firms Join Fight for Guestworkers' Rights in Major Human Trafficking Case
21 May 2013 | 8:30 amEighty-three Indian guestworkers who fell victim to a massive human trafficking scheme filed suit today against Signal International, LLC. The lawsuits allege that the defendants trafficked over 500 Indian guestworkers after Hurricane Katrina and forced them to work for Signal in grossly exploitative and abusive conditions after they were lured to the United States under fraudulent assurances of becoming lawful permanent U.S. residents. Today’s filing represents an unprecedented collaborative effort by several of the country’s most prestigious law firms to prosecute, on a pro bono basis,… -
Two Big Wins for Civil Liberties in Monday's Immigration Markup
21 May 2013 | 6:36 amIn yesterday's flurry of activity in the Senate Judiciary Committee on the comprehensive immigration reform bill, there were two big wins for civil liberties: Blumenthal 2, an amendment that limits solitary confinement in immigration detention, and Blumenthal 8, an amendment that restricts Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from conducting raids in schools, churches or hospitals. First, Blumenthal 2. Solitary confinement means physical and social isolation for 22 to 24 hours a day with little or no human contact – generally in a small… -
Running Scared in Nebraska: Death Penalty Loving State Senators Hide Behind a Filibuster
20 May 2013 | 11:36 amThis week in Nebraska, a handful of senators – four in particular – used filibusters and frivolous amendments to stall a full debate on whether Nebraska is done with capital punishment. Why are these foes of justice running scared? Why were they afraid of having a real vote on the death penalty? You. That's why. Popular support for the death penalty has waned with each passing year as more people learn the true facts about the criminal justice system's errors and prejudices. Look at the recent end of capital punishment in Maryland, Illinois, New Mexico, New Jersey and New York. These… -
A Key Lesson from the 1986 Immigration Reform Is in Jeopardy
20 May 2013 | 9:45 amAnother day, another amendment to the Senate immigration reform legislation from Sen. Chuck Grassley (R-Iowa) that would harm immigrants' civil liberties. Amendment 17, which will be up for consideration this week in the Senate Judiciary Committee's markup of the immigration reform bill, would unwisely (and unconstitutionally) restrict the ability of immigrants to correct erroneous denials of legalization by barring the courthouse door to them. What does this mean in practice? If immigration reform is passed, a variety of regulations will determine which of the 11 million aspiring citizens…
-
Hollywood Reporter - THR, Esq.
-
Appeals Court Denies Ronald Tutor's Bid to Sell Movies Tied up in Bankruptcy Case
21 May 2013 | 4:24 pmThe ruling is also a blow to David Bergstein as the appeals court affirms they were partners in five bankrupt companies. read more -
Appeals Court Revives Ex-QB's Lawsuit Over 'NCAA Football' Game
21 May 2013 | 1:14 pmIn an important appeal that divided Hollywood, the Third Circuit sides with the likeness rights of celebrities over protections afforded by the First Amendment. (SAG-AFTRA 1, MPAA 0)read more -
Hollywood Docket: Digital Music Class Action; Aereokiller Settlement; Snoop Lion Lawsuit
21 May 2013 | 10:27 amA roundup of entertainment law news including why a judge won't dismiss copyright claims against Apple and Google.read more -
Warner Bros. Wraps 'Smallville' Lawsuit By Settling with Writers
20 May 2013 | 3:09 pmMiles Millar and Alfred Gough had claimed millions of dollars in damages over the way WBTV handled financials on the long-running Superman series.read more -
Eminem's Music Publisher Suing Facebook (Exclusive)
20 May 2013 | 2:14 pmRather than pulling down an advertisement that allegedly incorporated an Eminem song, the defendant's lawyers attacked hip-hop legend Dr. Dre for stealing from Michael Jackson.read more
-
media law news - Google News
-
New law prevents Washington employers from asking for social media passwords - Q13 FOX
21 May 2013 | 8:38 pmKATUNew law prevents Washington employers from asking for social media passwordsQ13 FOXOLYMPIA — You'll never have to share your Facebook or other social media passwords with your employer in Washington state, thanks to a privacy bill signed into law Tuesday by Gov. Jay Inslee. Senate Bill 5211 makes it illegal for any employer or Washington Gov. Inslee signs bill protecting employees' social media passwordsOregonLive.comInslee Signs Law Protecting Employees Facebook PasswordsKNDO/KNDUInslee Signs Law Allowing Fictitious Driver License Program To ContinueOPB NewsKIRO Seattleall 10… -
UAE media law has answers, says Abdullah - The National
21 May 2013 | 1:15 pmKhaleej TimesUAE media law has answers, says AbdullahThe NationalABU DHABI // A national media law will clear up many concerns expressed by FNC members about the industry, the head of the National Media Council said yesterday. In a four-hour debate with council members, Sheikh Abdullah bin Zayed said the new law Media outlets criticised for lack of emiratisationZawya (registration)all 45 news articles » -
Social Media Darlings at Amy's Baking Company Fear Lawsuit - Above the Law
21 May 2013 | 12:11 pmAbove the LawSocial Media Darlings at Amy's Baking Company Fear LawsuitAbove the LawBut what happened after the show aired is every rabid social media addict's dream: when they received an even greater amount of negative reviews on Yelp and Reddit, the Bouzaglos took to their Facebook page to settle the score as politely and as and more » -
The Latest Social Media Concern for Employers - Wall Street Journal (blog)
21 May 2013 | 7:38 amWall Street Journal (blog)The Latest Social Media Concern for EmployersWall Street Journal (blog)A new video sharing app is emerging as the latest source of anxiety for employers worried about social-media risks at the office. Workplace videos are sprouting on Vine, the new six-second video app developed by Twitter. And a lot of them aren't pretty and more » -
Social Media: How to navigate Europe's legal maze - ComputerWeekly.com
21 May 2013 | 7:02 amSocial Media: How to navigate Europe's legal mazeComputerWeekly.comBusinesses face a legal maze when it comes to employees in different European countries using social media. Privacy laws vary greatly from country to country and businesses need to make sure they are prepared for region they are working in, says and more »
-
Digital Media Law
-
How Talent Loses if Aereo Wins
24 Apr 2013 | 5:46 pmFollow the money and discover an unstated reason the Hollywood unions weighed in with briefs opposing the new service. Several weeks ago, Fox, PBS and several other companies were hit with a 2-1 federal court of appeals ruling rebuffing their attempt to shut down Aereo, a new service backed by Barry Diller. Last week, they filed a petition for a rehearing en banc, in which all thirteen judges of the New York based court would rehear the case and potentially reverse the ruling, resulting in the preliminary injunction that the networks seek while the matter goes to trial. Interestingly the… -
New book - Entertainment Labor: An Interdisciplinary Bibliography
1 Apr 2013 | 6:59 pmA must-have for academics, union staff and attorneys working in entertainment labor, ENTERTAINMENT LABOR: An Interdisciplinary Bibliographyis a 345 page annotated bibliography of over 1,500 books, articles, dissertations, legal cases and other resources dealing with entertainment unions and guilds and various other aspects of entertainment labor. The book is the product of hundreds of hours of research and of compilation of search results from almost twenty databases. Also included are: * Annotations (where necessary to explain the relevance of the book or article) * Capsule… -
VFX Town Hall Meeting Urges Trade Association and Union
16 Mar 2013 | 10:28 amHowever, panelists also acknowledged the difficulty of achieving either goal. Pi Day – a multi-city international meeting of VFX artists – took place Thursday evening amid rising concern about the state of the industry. VFX vet Scott Ross and others outlined a plan that involves the formation of a VFX union for VFX artists and of a trade association for visual effects facilities, all aimed at addressing the troubled VFX business model. “Fear has stopped us because we have six clients [the studios],” Ross told them. “We are fearful of losing our jobs; [but] we are losing our jobs. -
Canadian Talent Consultant Charged in Alleged Actor Visa Scam
10 Jan 2013 | 8:01 pmActor Andrew Boryski was charged with multiple criminal counts for cheating aspiring actors out of thousands of dollars in an immigration visa scam, the Los Angeles City Attorney’s office said Thursday in a press release. Boryski is charged with 32 counts; “this suspect, who’s an aspiring actor himself, has landed a role in a real life crime drama” says a federal agent. The Saskatchewan native allegedly operated a Los Angeles-area immigration consulting business that sought O-1 visas on behalf of aspiring foreign actors.The O-1 visa is intended for established entertainment… -
'Hobbit' Affair Still Rankles NZ Unions
28 Nov 2012 | 8:21 pmAs fans of The Hobbit scanned the red carpet at the film’s premiere in Wellington last night, some New Zealand activists are still bitter about the outcome of a failed unionization attempt in 2010, even as NZ Actors Equity is finally making progress in negotiations with the country’s producers association. Meanwhile, the government continues to resist publicly disclosing a key legal report, despite having apparently provided copies to Warner Bros. and producer/director Peter Jackson’s Wingnut Films. That stance may change, as government officials are meeting on the matter December 5,…
-
Laurence Kaye on Digital Media Law
-
Digital media + big, smart open data
18 May 2013 | 7:15 amDear reader I attended the recent FT Digital Media Conference 2013. As ever, it was full of useful insights and I highly recommend viewing the sessions which are available on demand here. Mostly, it was about incremental change. There were lots of stats and discussion about the year on year growth of digital as a % of media businesses, the proliferation of VOD platforms on TV and mobile, the presssure on advertisers to integrate their ads into content on games and other media to keep viewers' attention, the ongoing challenge for newspapers to monetise their content and generally for… -
Fair use? You gotta be kidding
2 May 2013 | 11:18 amDear reader If you're a regular reader, you may remember that during the Hargreaves Review process, one of ideas floated was to introduce a broad, US style 'fair use' exception into UK copyright law. It fell at the first hurdle because 'fair use' is not one of the permitted exceptions under the EU Copyright Directive and would therefore require amendment at the European level. However, an element of 'fair use' could creep into UK copyright law by the back door if the Government proceeds with its stated intention of introducing an exception to permit use… -
Copyright Meltdown in Supreme Court?
21 Apr 2013 | 1:41 pmDear reader Traditionally the reproduction right - covering copying a work - has been the cornerstone of copyright law. The scope of that right in the digital age has been called into question in the Supreme Court's decision in Public Relations Consultants Association Limited v. The Newspaper Licensing Society. The Court looked at whether clients of media monitoring agency would need a licence to view a media monitoring report on screen. If they downloaded it to their machines or or printed it they clearly would. But, said the Court, simply viewing a web page was just like reading a… -
The ten overriding themes of the 'digital shift' (concluding)
13 Apr 2013 | 7:14 amDear reader I owe you an apology for my radio silence. But, along with my colleagues Mailin and Sherif, I've been busy with my own 'digital shift', following my firm's amalgamation at the beginning of the month with national law firm Shoosmiths where we've established a publishing and digital media team. Details here. I'm pleased to say it's going really well and our new collegues have been tremendously supporting and welcoming. The 'digital shift' doesn't stand still. In just a couple of weeks, we've had some important US Court… -
The 10 overriding themes of the 'digital shift'
4 Mar 2013 | 5:59 amDear reader In my last post, I looked at the ‘digital shift’. In this post, I'm going to list the ten overriding, interlinked themes which characterise this shift and shape digital media’s legal agenda. I'll also describe the first 3 themes. I'll look at the remaining themes in my next two posts. In future, when I blog about a new case or legal/business development, I'll 'tag' the post with the relevant theme(s) so that, hopefully, we can continue to see the digital wood for the trees. So here are the themes: T1: Digital disruption in the value chain T2:…
-
Media Law Journal
-
Read this, if you haven’t already
20 May 2013 | 7:59 pmAndrew Geddis nails the government for another constitutional abuse. -
Defamation and satire
23 Apr 2013 | 10:06 pmMemo to anyone thinking of suing or threatening someone else for defamation after that person made fun of them. Don’t. It’s not that the law clearly protects humorous speech and satire. That question is a bit vexed. It’s defamatory to say something that brings another person into ridicule. So it looks like that is fairly easily satisfied. Actually, those looks are deceptive. But that’s not the reason not to bring the threat. The reason is that you will invariably look like a complete plonker who can’t take a joke. This is what has happened, I think, to Colin… -
Information-sharing by the government: deja vu
10 Apr 2013 | 4:50 pmRadio NZ is reporting that: The Government is considering a massive expansion of data-sharing between ministries and agencies and has asked the Treasury to assess the potential impact on people’s privacy. This seems to be a closely-related extension to the recent information-sharing legislation, which was preceded by a ministerial briefing on information-sharing by the Law Commission. So, why this: The Treasury has advertised for a consultant to assess assess the privacy implications of greater government data-sharing, and is seeking bids for the work. Why isn’t this being done… -
Review of law of contempt: deja vu
10 Apr 2013 | 4:28 pmThe Law Commission has announced that it will review NZ’s laws of contempt of court. This will involve a discussion paper about the issues, to be issued next year. I wonder how this fits with another issues/discussion paper commissioned by the government and issued almost exactly two years ago: Reforming the New Zealand Law of Contempt of Court - An Issues/Discussion Paper, by Tony Smith, the co-author of the leading text book on contempt. Perhaps the idea is to produce issues papers every two or three years and hope the problems sort themselves out. -
Interim injunction against EQC blogger
9 Apr 2013 | 10:32 pmI feel as if I write this same thing about once every year. Someone rushes to court to get an injunction preventing the release of information. It’s based on breach of confidence. Here it’s the Earthquake Commission seeking to prevent the release of a database containing assessments about 83,000 Christchurch claims. The court grants the injunction, without notice to the other side. Usually, as here, there’s another hearing in the next day or two. The defendant scrambles to instruct a lawyer, and the lawyer has some very limited ability, on very short notice, to make some…
-
Shear on Social Media Law
-
FTC Complaint Filed Against Snapchat
21 May 2013 | 10:08 amConsumer privacy advocate EPIC has recently filed an FTC complaint against Snapchat because it believes the service is misleading consumers regarding its ability to delete the content being sent across its platform. According to multiple published reports, Snapchat may not be permanently deleting the content being sent through its service despite its claims. Snapchat's promise that content would "self-destruct" after it is viewed may remind some people of Mission Impossible's self-destruct messaging system. Self destruct messages are ideal for some content that is sent… -
The Application Privacy, Protection and Security Act of 2013
10 May 2013 | 6:36 pmCongress has recently introduced the Application Privacy, Protection and Security Act of 2013 (HR1913). This legislation would require mobile application developers to disclose what data they collect and how they utilize, share, and archive the data they capture. In January, 2013, the California Attorney General's office issued a privacy report on the mobile apps ecosystem. Subsequently, on February 1, 2013, an FTC report recommended ways for mobile app developers to improve privacy disclosures. At that time, the FTC stated that app developers should: Have a privacy policy… -
New Mexico Bans NCAA Student-Athlete Social Media Monitoring Firms
9 May 2013 | 8:49 amNew Mexico recently joined Delaware, California, New Jersey, Michigan, Arkansas, and Utah in protecting their schools, school employees, students, and taxpayers from the potential costs and legal liability issues associated with social media monitoring students. Under New Mexico SB 422, it is unlawful "to demand access in any manner to a student's, applicant's or potential applicant's account or profile on a social networking web site." The enactment of SB 422 will greatly benefit schools, school employees, students, and taxpayers because collectively post-secondary schools in New… -
California's Right to Know Act
26 Apr 2013 | 2:00 pmCalifornia recently introduced "AB-1291 Privacy: Right to Know Act of 2013: disclosure of a customer’s personal information." If enacted, the bill would update California's 2003 "Shine the Light" law (Civil Code Section 1798.80-1798.84) to account for the new data mining technologies and information sharing practices that have proliferated over the past ten years. According to the bill's sponsor Assemblymember Bonnie Lowenthal, AB 1291 expands the definition of personal information to include sensitive data, such as location, buying habits, and sexual orientation. By modernizing… -
AP Twitter Account Hack Causes Dow Jones to Plunge
23 Apr 2013 | 1:03 pmAs social media becomes a bigger part of our everyday lives, the legal issues surrounding social media increase greatly. One of the verified Associated Press Twitter accounts was hacked earlier today and the hacker tweeted, "Breaking: Two Explosions in the White House and Barack Obama is injured". Within minutes the Dow Jones Industrial Average plunged 140 points. Hacking into the AP's Twitter account may violate multiple federal and state laws. Was this hack done to intentionally create chaos and/or harm our financial makets? Was the hacker testing how the U.S.
