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  • Small Business Administration Disaster Loans for Artists and Songwriters
    Artists often overlook the fact that they are running a small business and they do it old school–if you don’t make, you don’t make.  Cash basis taxpayers.  And speaking of taxpayers, the time of year you realize that you are running a small business is right about now at tax ... Read More
    Source: Justia All BlogsPublished on 2020-03-28By Chris Castle
  • ARW Poll Results: Facebook should pay independent artists and songwriters in cash
    It may come as a surprise but until a couple years ago, Facebook never licensed music or paid royalties.  To my knowledge, Facebook paid huge payments to major labels and publishers and also made some deals with a handful of indie labels.  These payments probably totaled around $500 million, or ... Read More
    Source: Justia All BlogsPublished on 2020-03-27By Chris Castle
  • Friday’s Endnotes – 03/27/20
    Opinion analysis: Congress cannot subject states to suit for pirating and plundering copyrighted material — Writing at SCOTUSBlog, Howard Wasserman breaks down Monday’s decision in Allen v. Cooper, which considered whether states (and state entities) could be sued for copyright infringement. In a unanimous decision (though only a majority opinion), ... Read More
    Source: Justia All BlogsPublished on 2020-03-27By Terry Hart
  • Blackbeard’s Revenge!
    The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app.  Show notes are located at www.entertainmentlawupdate.com/119 BREAKING: STATES CANNOT BE SUED FOR COPYRIGHT INFRINGEMENT- YES NORTH CAROLINA, YOU CAN BE A PIRATE.THIS LAND ... Read More
    Source: Justia All BlogsPublished on 2020-03-27By Firemark Law Team
  • @RachelRascoe: Faster than Sound: Music Industry Workers Face Uncertainty Around Unemployment Benefits
    [This is an informative post from Rachel Rascoe at the Austin Chronicle about independent contractors filing for unemployment insurance.  Although it focuses on Texas, it’s probably pretty much replicated process across all states. h/t Nikki Rowling for spotting it, big thanks to Rachel for her post and as always to ... Read More
    Source: Justia All BlogsPublished on 2020-03-25By Chris Castle
  • New issue of Music & Copyright with Indonesia country report
    The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. Creativity survives as COVID-19 hits the music sector hard The COVID-19 pandemic has slammed the music industry, with the live music and physical retail segments the hardest hit. Around the ... Read More
    Source: Justia All BlogsPublished on 2020-03-25By musicandcopyright
  • Sullivan and Tilley on Supreme Court Journalism @IowaLawSchool @LoyolaLaw
    Barry Sullivan, Loyola University (Chicago) School of Law, and Cristina Tilley, University of Iowa College of Law, have published Supreme Court Journalism: From Law to Spectacle? at 77 Washington & Lee Law Review 343 (2020). Here is the abstract. Few ... Read More
    Source: Justia All BlogsPublished on 2020-03-25By Media Law Prof
  • Chafetz on Congressional Overspeech @joshchafetz
    Josh Chafetz, Cornell Law School, is publishing Congressional Overspeech in volume 89 of Fordham Law Review. Here is the abstract. Political theater. Spectacle. Circus. Reality show. We are constantly told that, whatever good congressional oversight is, it certainly isn’t those ... Read More
    Source: Justia All BlogsPublished on 2020-03-25By Media Law Prof
  • It's A Risky Business: Why Insurance Matters In The Art Industry
    By Vivian Costandy Michael, Esq. “Art and insurance” may not roll off the tongue like “art and design” or “art and wine,” but those in the art business should know they are an equally natural pairing. Insurance is a way of managing risk, and no industry, including the art world, ... Read More
    Source: Justia All BlogsPublished on 2020-03-24By centerforartlaw
  • Quick Spend Debit Cards: If You Have A Rainy Day Fund, Guess What? It’s raining!
    US GDP is 70% consumer driven. Demand collapse is what causes depressions, real depressions.  Goldman Sachs estimates that the U.S. economy could contract by 24% in the second quarter (which starts next week).  Say what you want about Goldman, money is something they’re fairly good at.  That is a Great ... Read More
    Source: Justia All BlogsPublished on 2020-03-24By Chris Castle
  • Mostert on Free Speech and Internet Regulation @KCL_Law
    Frederick Mostert, King's College London, has published Free Speech and Internet Regulation at 14 Journal of Intellectual Property Law & Practice 607 (August 2019). Here is the abstract. The article analyses free speech and internet regulation. Governments have come up ... Read More
    Source: Justia All BlogsPublished on 2020-03-24By Media Law Prof
  • A Message from @TheBlakeMorgan:
    To my sisters and brothers in NYC music, and beyond… The Irish tell the story of a man who arrives at the gates of heaven asking to be let in, and Saint Peter says, “Of course! Just show us your scars.” The man says, “But…I have no scars,” and Saint ... Read More
    Source: Justia All BlogsPublished on 2020-03-24By Editor Charlie
  • Friday’s Endnotes – 03/20/20
    The world is a lot different than it was a week ago, and that won’t change anytime soon. I hope everyone stays healthy, safe, and secure. Resources for artists and creators — Media, organizations, and individuals have been compiling lists of resources for the creative community, who along with the ... Read More
    Source: Justia All BlogsPublished on 2020-03-20By Terry Hart
  • A new look at the old standard: “Force Majeure” clauses
    With Covid-19/Coronavirus causing cancellation of events and transactions around the globe, people are naturally looking at whether they must still perform their contractual obligations and whether they are entitled to refunds of deposits and advance payments they've made. Most contracts do include a so-called “force majeure” clause as part of ... Read More
    Source: Justia All BlogsPublished on 2020-03-20By Gordon Firemark
  • Pandemic: Digital music services should accelerate payments and liquidate any royalty minimums they are holding
    You may not have noticed, but many music services have a clause in their direct licenses that allows them to delay royalty payments if your accrued royalties are less than a certain amount, often $50.  This is on top of paying quarterly in many cases (as opposed to the monthly ... Read More
    Source: Justia All BlogsPublished on 2020-03-19By Chris Castle
  • Pandemic: Force Majeure Contracts and Insurance in the Music Business
    [This post first appeared on MusicTech.Solutions] After the cancellation of SXSW, we need to think about those “force majeure” clauses that everyone skips over in contractual boilerplate.  “Force majeure” or the less secular “Act of God” clause is a species of the “impossibility of performance” defense to a breach of ... Read More
    Source: Justia All BlogsPublished on 2020-03-19By Chris Castle
  • COVID-19 Update from Santucci Priore, PL
    As the situation with coronavirus (COVID-19) continues to develop, our entire team is ready and standing by to help. To that end, we have begun to communicate more by email than by phone as we anticipate many of you may already be working remotely. Stay safe. Nothing is more important than ... Read More
    Source: Justia All BlogsPublished on 2020-03-18By 500law
  • Combatting Corona with the Power of the Broadway Pre-Sale
    The closure of Broadway theatres amidst the Corona pandemic came as a gut punch. It was swift, sharp and immediately changed the fate of the forty-one theatres that make New York City the center of the global theatrical market. It is a devastating and crippling event for our industry and ... Read More
    Source: Justia All BlogsPublished on 2020-03-18By Daniel Benge
  • Week In Review
    By La-Vaughnda A. Taylor Edited by Elissa D. Hecker Below,for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News, including coronavirus information: Entertainment Led Zeppelin Decision In an en banc opinion in the Led Zeppelin copyright case, the Ninth Circuit affirmed the district court's ... Read More
    Source: NYSBARPublished on 2020-03-16By Elissa D. Hecker, EASL Blog Coordinator
  • Marmor on Privacy in Social Media @CornellLaw
    Andrei Marmor, Cornell Law School, has published Privacy in Social Media as Cornell Legal Studies Research Paper No. 20-10. Here is the abstract. This paper is about the state of privacy in social media. Most people’s immediate concern about privacy ... Read More
    Source: Justia All BlogsPublished on 2020-03-16By Media Law Prof
  • Yuvaraj and Giblin on Whether Contracts Are Enough: An Empirical Study of Author Rights in Australian Publishing Agreements @rgibli @MelbLawSchool @MonashLawSchool
    Joshua Yuvaraj, Monash University Faculty of Law, and Rebecca Giblin, University of Melbourne Law School, are publishing Are contracts enough? An empirical study of author rights in Australian publishing agreements in volume 44 of Melbourne University Law Review (2020). Here ... Read More
    Source: Justia All BlogsPublished on 2020-03-16By Media Law Prof
  • Yablon on Political Advertising, Digital Platforms, and the Democratic Deficiencies of Self-Regulation @UWMadison @WisconsinLaw
    Robert Yablon, University of Wisconsin Law School, has published Political Advertising, Digital Platforms, and the Democratic Deficiencies of Self-Regulation at 104 Minn. L. Rev. Headnotes 13 (2020). Here is the abstract. Amid ongoing concerns about foreign electoral interference and fake ... Read More
    Source: Justia All BlogsPublished on 2020-03-16By Media Law Prof
  • Happy Birthday Michael Caine
    Isn’t your uncle Stalky a great man? Stalky & Co. by Rudyard Kipling ... Read More
    Source: Justia All BlogsPublished on 2020-03-16By Chris Castle
  • Now is the time to buy local
    Don't forget to stop buying records from Amazon and start buying from your local record store either in-store or online–but not Amazon. Assuming you want the store to still be there when this is over. We do. Ours is the resilient @WaterlooRecords https://t.co/EVF1OAQdwc — Editor Baker (@MusicTechPolicy) March 14, 2020 ... Read More
    Source: Justia All BlogsPublished on 2020-03-14By Chris Castle
  • What We Know So Far About Trump’s Coronavirus Travel Ban
    In short, not much. As you can imagine, this was announced without any details as to how, exactly, this was going to work in terms of screening, implementation, flight schedules, etc. But here what we know so far… Anyone who has been in one of the 26 European countries in ... Read More
    Source: Justia All BlogsPublished on 2020-03-14By ggartslaw
  • Please Consider Donating Cancelled Tickets Rather Than Seek Refunds
    I, like most of you, was ingrained with the paradigm that the show must go on no matter what—to the extent that I once performed a whole show the day after I had all four wisdom teeth extracted. However, these are extraordinary times. The live, performing arts will not suffer ... Read More
    Source: Justia All BlogsPublished on 2020-03-14By ggartslaw
  • Amending New York State’s Constitutional Provision on Gambling
    By Bennett Liebman Government Lawyer in Residence Government Law Center Albany Law School New York State's constitutional provision on gambling has often been an object of both confusion and consternation. The gambling provision is located within Article 1, § 9 of the Constitution, which also provides for the right of ... Read More
    Source: NYSBARPublished on 2020-03-14By Elissa D. Hecker, EASL Blog Coordinator
  • SHOP SAFE Act of 2020: A Crackdown on Counterfeits and Accountability for e-Commerce Companies
    By Christine-Marie Lauture Imagine purchasing a thoroughly-bidded collector's item on eBay, only to receive a forged replica. Or buying an advertised version of an item by a seller hosted on Shopify, only to discover that it is an infringing counterfeit of an original. As it currently stands, e-commerce companies are ... Read More
    Source: NYSBARPublished on 2020-03-14By Elissa D. Hecker, EASL Blog Coordinator
  • Friday’s Endnotes – 03/13/20
    Led Zeppelin Wins “Stairway to Heaven” Copyright Fight Upon Appellate Replay — On Monday, an en banc Ninth Circuit panel excised the “inverse ratio” rule from copyright analysis, affirmed that the scope of copyright claims for works registered under the 1909 Copyright Act is limited to what is in the ... Read More
    Source: Justia All BlogsPublished on 2020-03-13By Terry Hart
  • You Can’t Call 911: @jyunger of @MillenniumFilms Tells Senate Why Piracy is Still a Problem and How U.S. has Failed to Lead
    The most powerful testimony to legislators is not from the approved academics and it’s not from the overfed lobbyists or wealthy campaign donors.  Jonathan Yunger’s personal and powerful testimony on the March 10 hearing before the Senate Intellectual Property Subcommittee was very persuasive.  I wish it were news, but as ... Read More
    Source: Justia All BlogsPublished on 2020-03-12By Chris Castle