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  • Must Read: @realrobcopeland: Google’s ‘Project Nightingale’ Gathers Personal Health Data on Millions of Americans
    Wall Street Journal reporter Rob Copeland has unearthed another Google data scraping scandal, this time your private health information.  As usual, Google doesn’t want you to focus on how they use this data in the background for data profiling in ways that you don’t know is happening and that you ... Read More
    Source: Justia All BlogsPublished on 2019-11-13By Chris Castle
  • Case Review: The Mayor Gallery v. Agnes Martin Catalogue Raisonné
    By Yuchen Xie. The Case: The Mayor Gallery Ltd. v. The Agnes Martin Catalogue Raisonné LLC et al., No. 655489/2016 (N.Y. Sup. Ct. 2019). The authenticity of an artwork is essential to its value in the art market. If a work once attributed to a renowned artist is subsequently deemed ... Read More
    Source: Justia All BlogsPublished on 2019-11-12By centerforartlaw
  • Week In Review
    By Angela Peco Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News Entertainment Sandra Bullock and Ellen DeGeneres Sue Websites for False Advertising and Unauthorized Use of Their Name and Likeness The stars filed a lawsuit against ... Read More
    Source: NYSBARPublished on 2019-11-12By Elissa D. Hecker, EASL Blog Coordinator
  • Social Media, Traditional Media, and the Naming of the Whistleblower
    From CNN: Both Facebook and YouTube announced on Friday that they are removing mentions of the whistleblower's name from their platforms, citing concerns that such content could could lead to harm and pointing to their policy prohibiting "outing of witness, ... Read More
    Source: Justia All BlogsPublished on 2019-11-11By Media Law Prof
  • Teeni-Harari and Yadin on Regulatory Literacy: Rethinking Television Rating in the New Media Age @Sharon_Yadin
    Tali Teeni-Harari and Sharon Yadin, both of the Peres Academic Center, are publishing Regulatory Literacy: Rethinking Television Rating in the New Media Age in volume 88 of the University of Missouri-Kansas City Law Review (2019). Here is the abstract. Rating ... Read More
    Source: Justia All BlogsPublished on 2019-11-11By Media Law Prof
  • Save the Date: Alissa McCain to Receive Cindi Lazzari Artist Advocate Award from TESLAW
    Alissa McCain will receive the 2019 Cindi Lazzari Artist Advocate Award from the Texas Entertainment and Sports Law Section (TESLAW) of the State Bar of Texas on November 20 at the InterContinental Stephen F. Austin Hotel.  Alissa has twenty years of dedicated and groundbreaking artist advocacy work that has had ... Read More
    Source: Justia All BlogsPublished on 2019-11-10By Editor Charlie
  • FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers
    On November 5, 2019, the United States Federal Trade Commission (“FTC”) issued a guide entitled “Disclosures 101 for Social Media Influencers”[1] and a video “Do you endorse things on social media?” to alert influencers to the laws governing endorsement or recommendation of products or services and provide social media influencers ... Read More
    Source: Justia All BlogsPublished on 2019-11-09By Ted Max
  • Mystery Redaction in Spotify Filing for Eight Mile Style Lawsuit
    “We never get accustomed to being less important to other people than they are to us.” Holly Martins in The Third Man by Graham Greene As MTP readers will recall (especially newsletter readers), Spotify is being sued in Nashville by the publishers of a good chunk of Eminem’s extremely popular ... Read More
    Source: Justia All BlogsPublished on 2019-11-08By Chris Castle
  • Friday’s Endnotes – 11/08/19
    Creative community mourns the passing of entertainment lawyer Jay Rosenthal — Rosenthal was most recently a partner at the law firm Mitchell Silberberg & Knupp and previously served as general counsel at the National Music Publishers Association. More remembrances here. Argument analysis: Justices pillage state arguments for sovereign immunity for ... Read More
    Source: Justia All BlogsPublished on 2019-11-08By Terry Hart
  • 20 Questions for New Artists Part 7: Sound Recording Aggregators
    [From 20 Questions for New Artists by Chris Castle and Amy Mitchell] An independent artist is practically required to sign up with an aggregator in order to have your works serviced to many online outlets–some aggregators service hundreds of different retailers. (So one example of a pre-existing contract under Question ... Read More
    Source: Justia All BlogsPublished on 2019-11-07By Chris Castle
  • New issue of Music & Copyright with Spain country report
    The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. Big gains for SoundExchange and PPL boost producers’ and performers’ rights to new level Performance-rights distributions to record companies (producers) and performers registered another record-breaking year in 2018, with total ... Read More
    Source: Justia All BlogsPublished on 2019-11-06By musicandcopyright
  • Week In Review
    By Lisa Ornest Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News Entertainment No Touching! We're not talking about rape, or even sexual blackmail here, but men (as well as grandmothers, cousins, and aunties), have to learn ... Read More
    Source: NYSBARPublished on 2019-11-06By Elissa D. Hecker, EASL Blog Coordinator
  • Marzen on A Constitutional Right to Public Information @floridastate
    Chad G. Marzen, Florida State University, has published A Constitutional Right to Public Information. Here is the abstract. In the wake of the 2013 United States Supreme Court decision of McBurney v. Young (569 U.S. 221), this Article calls for ... Read More
    Source: Justia All BlogsPublished on 2019-11-06By Media Law Prof
  • Should the Copyright Office’s Best Practices Shine Sunlight on the Unmatched?
    [This post first appeared in the MusicTechPolicy Monthly newsletter.  Become an email follower of this blog to get your copy.] The Music Modernization Act is a litigation magnet because of its failure to mandate a wholistic solution to the controversial black box. There are two commercially available systems that can ... Read More
    Source: Justia All BlogsPublished on 2019-11-05By Chris Castle
  • “Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews
    Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having been featured, promoted, and sold online through Sephora and its website, www. Sephora.com. On October 21, 2019, the ... Read More
    Source: Justia All BlogsPublished on 2019-11-05By Ted Max
  • CBS Asks Federal Judge To Dismiss Fairfax Defamation Suit
    CBS is asking a federal district court to dismiss Virginia Lieutenant Governor Justin Fairfax's defamation suit against the network, saying that Mr. Fairfax's claim that an in-house attorney who knew both Mr. Fairfax and one of the women who accused ... Read More
    Source: Justia All BlogsPublished on 2019-11-04By Media Law Prof
  • RIP Jay Rosenthal
    When I started MusicTechPolicy in 2006, Jay Rosenthal was one of the first people in Washington policy circles who embraced me.  This says much more about him than it does about me.  He didn’t need to be particularly courteous to me or even acknowledge I existed.  But he was a ... Read More
    Source: Justia All BlogsPublished on 2019-11-03By Chris Castle
  • @cloudflare CEO Calls for a Decider–When That Decider Is Cloudflare Employees
    Diogenes searched the world for an honest man, and Cloudflare is searching the world for a decider in chief to tell them what to do.  But as we know from Cloudflare’s IPO, Cloudflare need only look within because the insiders have structured the company’s governance so there is clear responsibility–and ... Read More
    Source: Justia All BlogsPublished on 2019-11-02By Chris Castle
  • Week In Review
    By Chantelle A. Gyamfi Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media, and General News ENTERTAINMENT Rose McGowan Sues Weinstein and Lawyers Claiming Intimidation Actress Rose McGowan filed suit against Harvey Weinstein and two lawyers, David Boies and Lisa ... Read More
    Source: NYSBARPublished on 2019-10-30By Elissa D. Hecker, EASL Blog Coordinator
  • A Sad State of Affairs: Senator Wyden’s Secret Hold on CASE Act Comes to Light
    Karl Herchenroeder reports in Communications Daily that Oregon Senator Ron Wyden has placed a “hold” on the CASE Act (the legislation creating a copyright small claims court), which essentially stops it from moving forward.  We had heard this hold was in place long ago, and Rep. Zoe Lofgren (D-Google) had foreshadowed it ... Read More
    Source: Justia All BlogsPublished on 2019-10-30By Chris Castle
  • Hall and Butler v. Swift et al. – Ninth Circuit Memorandum
    By Claudia Ray Attached is brief Ninth Circuit decision issued yesterday, reversing the dismissal pursuant to Rule 12(b)(6) of copyright infringement claims brought by two songwriters against Taylor Swift and others. Plaintiffs Sean Hall and Nathan Butler had alleged that the defendants' 2014 song Shake It Off copied a six-word ... Read More
    Source: NYSBARPublished on 2019-10-29By Elissa D. Hecker, EASL Blog Coordinator
  • 20 Questions for New Artists: Performing Rights Organization Affiliations
    There is a bit of strategy involved with affiliating with a performing rights organization in the United States. All the societies have a creative staff. The decision to affiliate with a particular society should be made after the artist/writer has taken some meetings with the performing rights society and decided ... Read More
    Source: Justia All BlogsPublished on 2019-10-28By Chris Castle
  • Je me souviens…
    Source: Justia All BlogsPublished on 2019-10-28By Chris Castle
  • 20 Questions Sidebar: “Frozen Mechanicals” and The Importance of Advocacy
    There is a certain Truman Show aspect to songwriter royalties–the government sets the royalty rates, not arms length negotiation.  But it doesn’t have to be that way, we just accept the government’s role in songwriting because it is the way it has always been for living songwriters and many generations ... Read More
    Source: Justia All BlogsPublished on 2019-10-25By Chris Castle
  • Friday’s Endnotes – 10/25/19
    CASE Act passed the House of Representatives Tuesday 410-6. Congressional Record. Roll call vote. Small Claims Copyright ‘CASE Act’ Passes US House of Representatives — “Advocacy organizations for publishers, authors, and copyright applaud the 410-to-6 vote in the House for the long-promoted CASE Act.” For Marginalized Communities, the CASE Act ... Read More
    Source: Justia All BlogsPublished on 2019-10-25By Terry Hart
  • UK Official Investigating PledgeMusic Directors, Asks the Public for Information
    Don’t believe the headlines–just because there’s no money for artists from the PledgeMusic bankruptcy does not mean that the story is over.  It just means that justice is going to take longer.  If you were paying attention, it should have been obvious from the beginning that PledgeMusic was a financial ... Read More
    Source: Justia All BlogsPublished on 2019-10-24By Chris Castle
  • The Art of Bankruptcy: Consigned Artworks and Bankrupt Galleries
    By Laurel Wickersham Salisbury. When commercial art galleries display works of art for sale, they are either purchased by the galleries from artists or collectors outright or accepted on consignment. Due in large part to financial considerations, including sharing in the risk and reducing financial exposure, consignment has become a ... Read More
    Source: Justia All BlogsPublished on 2019-10-24By centerforartlaw
  • Elau on the Laws Impacting on Freedom of Expression in Uganda, 2019 @elauemm
    Emmanuel Elau, Uganda Christian University Faculty of Law, has published The Laws Impacting on Freedom of Expression in Uganda, 2019. Here is the abstract. Freedom of expression in Uganda is a fairly contentious area. The Constitution of Uganda, 1995 provides ... Read More
    Source: Justia All BlogsPublished on 2019-10-24By Media Law Prof
  • Kendrick on The Book Has Two Faces: Trevor Ross's Writing in Public @lckendrick @uvalaw
    Leslie Kendrick, University of Virginia School of Law, is publishing The Book Has Two Faces: Trevor Ross's Writing in Public: Literature and the Liberty of the Press in Eighteenth Century Britain in Critical Analysis of Law: An International & Interdisciplinary ... Read More
    Source: Justia All BlogsPublished on 2019-10-24By Media Law Prof
  • New issue of Music & Copyright with France country report
    The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. Global royalty collections see positive year, with growth at reported and constant currency rates The world’s 20 biggest collective management organizations (CMOs) registered an increase in collections last year at ... Read More
    Source: Justia All BlogsPublished on 2019-10-23By musicandcopyright