Media Law

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  • A Non-Fiction List of "Must Reads"

    Media Law Prof Blog
    Media Law Prof
    11 Dec 2014 | 10:21 am
    From the Guardian, a compilation of non-fiction titles "everyone should read."
  • FTC Keeps The Unavailability Rule In Stock

    Seller Beware Blog
    Neil Rosenbaum
    8 Dec 2014 | 8:08 am
    On November 19, 2014, the Federal Trade Commission announced that it would not change or repeal the Retail Food Store Advertising and Marketing Practices Rule (the “Unavailability Rule”) and took the opportunity to provide guidance about the Rule’s coverage.  As we noted in September 2011, the FTC had issued a request for comments on the Unavailability Rule as part of its systematic review of its rules. The Unavailability Rule, first issued in 1971, prohibits retail food stores, such as grocery stores and supercenters, from advertising a product at a given price unless they have…
  • Hollywood Docket: Iggy Azalea's Ex; Twitter's Celebrities; Kanye West's 'Gold Digger'

    Hollywood Reporter - THR, Esq.
    Eriq Gardner
    17 Dec 2014 | 10:52 am
    Former boyfriends, dead celebrities and widows: A roundup of entertainment law developmentsread more
  • Marketing Gone Wrong: Is Your Social Media Plan Legal? - Forbes

    media law news - Google News
    17 Dec 2014 | 8:01 pm
    ForbesMarketing Gone Wrong: Is Your Social Media Plan Legal?ForbesI've written before about accidental PR disasters such as the McDonald's #McDStories campaign (instead of nostalgic memories it led to disgruntled customer tirades), government sites that went dark during the federal government's shutdown, or even a ...
  • Google News - hasta la vista

    Laurence Kaye on Digital Media Law
    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…
 
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    Seller Beware Blog

  • FTC Keeps The Unavailability Rule In Stock

    Neil Rosenbaum
    8 Dec 2014 | 8:08 am
    On November 19, 2014, the Federal Trade Commission announced that it would not change or repeal the Retail Food Store Advertising and Marketing Practices Rule (the “Unavailability Rule”) and took the opportunity to provide guidance about the Rule’s coverage.  As we noted in September 2011, the FTC had issued a request for comments on the Unavailability Rule as part of its systematic review of its rules. The Unavailability Rule, first issued in 1971, prohibits retail food stores, such as grocery stores and supercenters, from advertising a product at a given price unless they have…
  • A Special Black Friday in San Francisco: Unique Ordinance To Regulate Retail Work Schedules

    Neil Rosenbaum
    4 Dec 2014 | 11:44 am
    As retail stores throughout the city prepared for Black Friday sales last week, the San Francisco Board of Supervisors unanimously passed a one-of-a-kind ordinance designed to protect employees from erratic work schedules. If signed by Mayor Ed Lee―which is almost certain―the ordinance, known as the Retail Workers Bill of Rights, will likely take effect this summer. The new law will have a significant impact on San Francisco’s chain retail employers, defined as retail employers with 20 or more employees within San Francisco and 11 or more locations nationwide. The Retail Workers Bill of…
  • Lawsuit Challenging California’s New Egg Regulation Not All It Was Cracked Up To Be

    Neil Rosenbaum
    7 Nov 2014 | 6:42 am
    The hopes of Missouri Attorney General Chris Koster were shattered last month when a federal court dismissed his lawsuit challenging a new California law regulating the production of eggs.  On October 2, Judge Kimberly Mueller of the Eastern District of California dismissed the claims of six states challenging California’s Proposition 2 (A.B. 1437), which requires that farmers who sell eggs in California provide their hens with room to stand up, lie down, and extend their wings, all of which are supposedly impossible in widely used conventional cages.  The lawsuit (which we…
  • Last Call? Another Court Denies Class Cert in Skinnygirl Margarita Case

    Neil Rosenbaum
    5 Nov 2014 | 9:23 am
    Last summer, we blogged about a New Jersey federal court that refused to allow two women who purchased Skinnygirl margaritas to bring claims on behalf of everyone else who purchased the same margaritas in 43 states and the District of Columbia.  That court explained that it could not certify such a class because Skinnygirl purchasers were unlikely to have kept receipts and there were no other objective records of their purchases.  This past Thursday, a federal court in Illinois came to the same conclusion, and refused to certify similar Skinnygirl margaritas claims that were…
  • Voters and Legislators Consider Requirements for Labeling Genetically Modified Foods

    Neil Rosenbaum
    29 Oct 2014 | 12:03 pm
    Food labeling is on state ballots in the West again this November.  This year, it is Oregon and Colorado after similar initiatives failed in California and Washington. Most crops and many manufactured food products in the U.S. contain modified genetic material (“GM”).  This includes 80-90% of certain foods grown in the United States, which are sometimes modified to be more tolerant of herbicides applied in the field.  There are no federal labeling requirements for foods with GM.  To the contrary, the FDA concluded in 1992 that it “had no basis for…
 
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    media law news - Google News

  • Marketing Gone Wrong: Is Your Social Media Plan Legal? - Forbes

    17 Dec 2014 | 8:01 pm
    ForbesMarketing Gone Wrong: Is Your Social Media Plan Legal?ForbesI've written before about accidental PR disasters such as the McDonald's #McDStories campaign (instead of nostalgic memories it led to disgruntled customer tirades), government sites that went dark during the federal government's shutdown, or even a ...
  • Uruguay Senate Approves New “Anti-Monopoly” Media Law - PanAm Post

    17 Dec 2014 | 9:02 am
    PanAm PostUruguay Senate Approves New “Anti-Monopoly” Media LawPanAm Post“The new law facilitates greater citizen participation in the creation of the opinions and content of broadcast media. Everyone has the right to communication, to give and receive information and ideas and opinions, and to seek them out and to spread
  • Belarus Law May Hit Online Media - RadioFreeEurope/RadioLiberty

    17 Dec 2014 | 7:25 am
    Belarus Law May Hit Online MediaRadioFreeEurope/RadioLibertyThe law does not require the official registration of online media outlets, but says the Information Ministry will monitor them "to ensure that materials used by the websites correspond to Belarusian legislation." Website owners will be held Belarus tightens control over online mediaKilleen Daily Heraldall 147 news articles »
  • Uruguay: Senate approves new media law - Buenos Aires Herald

    16 Dec 2014 | 7:20 pm
    MercoPressUruguay: Senate approves new media lawBuenos Aires HeraldMONTEVIDEO — The Uruguayan Senate yesterday approved a new media law to regulate the operation of radio and television stations, avoid media monopolies and favour the production of national programmes above foreign imports. The ruling Broad ...Uruguay's media law bill reaches Senate - Mujica warns of foreign sharks.MercoPressall 82 news articles »
  • Social media complaints continue to target members of local law enforcement - WRCB-TV

    16 Dec 2014 | 3:14 pm
    Social media complaints continue to target members of local law enforcementWRCB-TVCHATTANOOGA, TN (WRCB) - Two Chattanooga community groups, Chattanooga Organized for Action and Mercy Junction are demanding accountability when it comes to local law enforcement and comments they make online. Group members claim ...
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    Laurence Kaye on Digital Media Law

  • 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…
  • 10 Principles of Digital Media

    LaurenceKaye
    8 Oct 2014 | 10:07 am
    Dear reader Occasionally, it's good to stand back and try and identify recurring themes amidst the flux and change taking place in the media and creative industries. With that in mind, I'd like to share what I've grandiosely called my '10 Principles of Digital Media'. Here they are. 1. Re-think, not re-invent, the wheel: The core principles and values on which the creative industries are built remain valid in the digital age. But they need to be re-interpreted and applied to meet the demands of an 'always on' world. 2.Design for loss of control: This phrase…
  • Has Copyright Any Future Role in a World of Disruptive Publishing?

    LaurenceKaye
    29 Sep 2014 | 12:32 pm
     Dear reader I remember taking part in a debate at 'Cyberia', one of the first Internet cafes - remember them? - in 1994 about whether the Internet was killing copyright or making it redundant. As I recall, the score was one all. Votes for copyright disappearing down a black hole in Cyberspace were balanced by those in support of a photographer who saw the new medium as an exciting way to market his photographs to a global audience and get paid for it and that copyright was integral to those transactions. Fast forward 20 years and I'm looking forward to taking part in a…
  • Innovation, copyright and the role of policy

    LaurenceKaye
    28 Jul 2014 | 8:06 am
    Dear reader Thanks to my friend the 'IPKat', I was alerted to the fact that the Directorate General for Internal Market and Services of the European Commission released its Report on the 9,500 responses to the its Public Consultation on the Review of EU Copyright Rules. You'll find all your favourite topics, including copyright exceptions and harmonisation, territoriality, the workings of the 'making available' right amongst many others. In my next post, I am going to comment on the debate about whether the 'exhaustion' principle and whether it should…
 
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    Shear on Social Media Law

  • Netherlands Privacy Regulator To Investigate Facebook's Privacy Policy

    16 Dec 2014 | 1:25 pm
    The Netherlands privacy regulator has announced an investigation into Facebook's recently announced privacy policy change that is scheduled to go into effect on January 1, 2015. Facebook's new privacy policy states that it has the right to use the information provided by its users through their posts, messages, and other online interactions for commercial purposes.  This change is not very surprising since Facebook makes most of its money via behavioral advertising.Due to the agreements that Facebook has with data brokers and its tracking capabilities across the Internet…
  • Iowa Digital License App Has Major 4th Amendment Implications

    16 Dec 2014 | 6:12 am
    Wouldn't it be great if we didn't have to carry around a wallet with a driver's license, credit cards, ATM cards, health insurance cards, etc...?  As Apple famously trademarked and states in some of its commercials, "There's an app for that".  For almost every interaction we have in the real world, software developers are creating apps to allegedly make our lives "easier" and more "frictionless". In the tech world, "frictionless" may mean making it very easy to "share your personal thoughts, viewing habits, etc...without violating privacy laws", or making it very easy to "make…
  • Netherlands May Fine Google Millions of Euros For Privacy Law Violations

    15 Dec 2014 | 2:16 pm
    According to The Wall Street Journal, Google may soon be fined the equivalent of $19 million dollars by the Netherlands Data Protection Authority for violating privacy laws. The Dutch privacy regulator announced earlier today that Google collects and combines personal data for advertising purposes without obtaining user consent.  The threat of a fine follows a 900,000 euro-penalty from Spain’sdata privacy regulator last year and another 150,000 euro penalty Google received earlier this year.In 2012, Google consolidated most of its privacy policies into one comprehensive policy that…
  • The Sony Hack, Corporate Email Acceptable Use Policies, and Legal Liability

    11 Dec 2014 | 8:21 pm
    The Sony email hack has become a nightmare for the company, its employees, and those who interacted with Sony via its corporate digital systems.  The New York Times, The New York Daily News, and The New York Post are reporting on the contents of some very damaging leaked emails between its corporate executives on all sorts of subjects. For example,  Gawker discussed the contents of some unflattering Sony emails about the upcoming Steve Jobs biopic; while  Buzzfeed reported on some emails that may contain racist comments about the President.While the Apple iCloud hacking…
  • Harvard, Digital Reputation, Social Media, and Chinese Food

    10 Dec 2014 | 8:52 am
    Never put in an email anything that may embarrass you if it were to show up on the front page of the New York Times or in this case Boston.com.  According to Boston.com, Harvard Business School Professor Ben Edelman got into an email war of words with a local Chinese food restaurant after he realized that its online menu had outdated takeout prices and that he was charged $4 dollars more than what was listed online.Should the restaurant have an accurate online take out menu?  Yes.  Online prices should accurately reflect current prices.  While Prof. Edelman cites potential…
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