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  • The Two Years War: Google’s Polish Footprint Behind Poland’s Lawfare Against Artists over EU Copyright Directive
    Poland has the distinction of being the first country to tip Google’s lawfare strategy against the Copyright Directive–sue to have the whole thing overturned by Court of Justice of the European Union, the “CJEU.”  The CJEU has, among other things, the jurisdiction to  hear an “action for annulment” filed by ... Read More
    Source: Justia All BlogsPublished on 2019-06-04By Chris Castle
  • WYWH: Inaugural Business of Art Observed Conference
    By Hannah Tager. On the morning of Tuesday, May 21st, the arts and culture news outlet Observer hosted its inaugural event, the Business of Art Observed conference. ... Read More
    Source: Justia All BlogsPublished on 2019-06-03By centerforartlaw
  • Trevor Timm: Journalism Is Under Assault
    From Medium: Trevor Timm writes about the charges against Julian Assange and the police raid on journalist Bryan Carmody's home, arguing that we are now seeing serious attacks on freedom of the press. ... Read More
    Source: Justia All BlogsPublished on 2019-06-03By Media Law Prof
  • Happy Monday: The MTP SPOTify Chart
    Happy Monday–here’s the Spotify chart update.  Spotify is in it’s second downside breakout of the consensus trading range ($145-$132).  Unless it retraces back over $132, it would appear that the next downside support level is $106 where the stock closed on 12/21/18. The company just had its second “death cross” ... Read More
    Source: Justia All BlogsPublished on 2019-06-03By Chris Castle
  • Heymann on Reasonable Appropriation and Reader Response
    Laura A. Heymann, William & Mary Law School, has published Reasonable Appropriation and Reader Response at 9 U.C. Irvine L. Rev. 343 (2019). Here is the abstract. Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., many ... Read More
    Source: Justia All BlogsPublished on 2019-05-31By Media Law Prof
  • Friday’s Endnotes – 05/31/19
    Why Do Employers Lowball Creatives? A New Study Has Answers — Interesting research that could shed light on related discussions in the copyright realm regarding skepticism toward copyright’s incentives. Time Inc. Settles with Photographer in Case of Tweeted Tom Brady Pic — And so the “server test” is put to ... Read More
    Source: Justia All BlogsPublished on 2019-05-31By Terry Hart
  • Victory in Europe: The Two Years War over the Copyright Directive has Begun
    [This post originally appeared in the MusicTechPolicy Monthly Newsletter.] If you’ve heard about the new copyright law in Europe, you’ve probably heard that the new rules with either break the Internet or bring Big Tech to heel.  I’d suggest neither proposition is true but not for the reasons you might ... Read More
    Source: Justia All BlogsPublished on 2019-05-30By Chris Castle
  • Afghanistan, Iraq, and the Limits of International Cultural Property Law
    By Kavita Oza. In 2003, the Baghdad Museum suffered tremendous damage due to looting during the US-led invasion of Iraq. Years before, Afghanistan’s National Museum went through a similar loss in 1989, after the end of Soviet occupation of Afghanistan. ... Read More
    Source: Justia All BlogsPublished on 2019-05-29By centerforartlaw
  • Face Force: Facebook’s Secret Foray to Boldly Go Where No Data Miner Has Been Before
    Source: Justia All BlogsPublished on 2019-05-28By Chris Castle
  • Memorial Day
    The first time I was present at a missing man ceremony was at a “dining out” hosted by Navy Command Center 106 at the Army Navy Club in Washington, DC in August of 2001 to which I was invited as a personal guest.  The guest speaker was Commander Kirk Lippold ... Read More
    Source: Justia All BlogsPublished on 2019-05-27By Chris Castle
  • Week In Review
    By Angela Peco Edited by Elissa D. Hecker Below are stories from Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT Aretha Franklin's Handwritten Wills Are Discovered at Her Home Aretha Franklin was believed to have died without a will, but three handwritten documents were recently discovered at her ... Read More
    Source: NYSBARPublished on 2019-05-27By Elissa D. Hecker, EASL Blog Coordinator
  • 20 Questions for New Artists Part 5: Pre-Existing Contracts and Sound Recording Aggregators
    Pre-existing Contracts: Ask your band mates for copies of any music industry contracts the band, or any of you, have previously signed before you formed or joined the band. Whether it be a credit card, management agreement, publishing deal, previous band agreement or a production agreement, it is important to ... Read More
    Source: Justia All BlogsPublished on 2019-05-26By Chris Castle
  • Friday’s Endnotes – 05/24/19
    Why Creators Like Me are Lining up in Support of the CASE Act — Photographer Jenna Close writes, “For more than a decade, I have been making my living as a commercial photographer and filmmaker. During that time I have witnessed my works infringed online—an exceedingly easy thing to do ... Read More
    Source: Justia All BlogsPublished on 2019-05-24By Terry Hart
  • Entertainment Law Update Podcast – Episode 109 Tamera Bennett and Gordon Firemark
    Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast. Click the arrow below to listen or click the "Apple" below to subscribe in iTunes. In this episode of the Entertainment Law Update Podcast, ... Read More
    Source: Justia All BlogsPublished on 2019-05-23By Tamera H. Bennett
  • New issue of Music & Copyright with Finland country report
    The latest issue of Music & Copyright is now available for subscribers to download. Here are some of the highlights. UMG fires back in US termination rights class action case Major record company UMG has hit back in a case involving termination rights claims made by two musicians in the ... Read More
    Source: Justia All BlogsPublished on 2019-05-22By musicandcopyright
  • Ugland on Expanding Media Law and Policy Education @ErikUgland
    Erik Ugland, Marquette University, has published Expanding Media Law and Policy Education: Confronting Power, Defining Freedom, Awakening Participation at 24 Communication Law & Policy 271 (2019). Here is the abstract. The changes brought about by the Digital Age have not ... Read More
    Source: Justia All BlogsPublished on 2019-05-22By Media Law Prof
  • Widener on Wikileaks and Digital Disclosure
    Michael N. Widener, Bonnett, Fairbourn, Friedman, & Balint; Embry-Riddle Aeronautical University, has published Wikileaks and Digital Disclosure: Beclouded Muckraking, Profit-Taking and Self-Promoting. Here is the abstract. However the reader approaches the study of Julian Assange and Wikileaks, there are numerous ... Read More
    Source: Justia All BlogsPublished on 2019-05-22By Media Law Prof
  • Bahadur on Newsworthiness as an Internet-Era Mitigant of Implicit Bias @washburnlaw
    Rory D. Bahadur, Washburn University School of Law, is publishing Newsworthiness as an Internet-Era Mitigant of Implicit Bias in volume 88 of the University of Missouri Kansas City Law Review (2019). Here is the abstract. Current application of the newsworthiness ... Read More
    Source: Justia All BlogsPublished on 2019-05-22By Media Law Prof
  • Photographer Sues Clorox and its Ad Agency For Copyright Infringement
    By Marc Jacobson A prominent photographer was engaged by the defendants to create images to use in a certain specified manner. At the conclusion of the term of the license agreement, the defendants continued to use the images beyond the scope of the license, and for purposes not contemplated in ... Read More
    Source: NYSBARPublished on 2019-05-21By Elissa D. Hecker, EASL Blog Coordinator
  • Week In Review
    By Eric Lanter Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into Entertainment, Arts, Sports, Media, and General News: Entertainment Conan O'Brien Settles Lawsuit Alleging Joke Theft Conan O'Brien announced that he has settled a lawsuit against a freelance comedy writer "who had accused ... Read More
    Source: NYSBARPublished on 2019-05-21By Elissa D. Hecker, EASL Blog Coordinator
  • App Store Purchasers Entitled to Bite at the Antitrust Apple, Says Supreme Court
    The United States Supreme Court decided this week that purchasers of apps through the Apple App Store have standing under federal antitrust law to bring a class-action lawsuit against the tech giant. The Sherman Antitrust Act makes it unlawful for any person to “monopolize, or attempt to monopolize, or combine ... Read More
    Source: Justia All BlogsPublished on 2019-05-18By Charlie Nelson Keever
  • Seibert-Fohr on the Independence of Judges and Their Freedom of Expression
    Ania Seibert-Fohr, University of Heidelberg, has published The Independence of Judges and their Freedom of Expression: An Ambivalent Relationship. Here is the abstract. Judges posting tweets on Twitter, writing columns in newspapers and pronouncing their views in public lectures - ... Read More
    Source: Justia All BlogsPublished on 2019-05-17By Media Law Prof
  • Friday’s Endnotes – 05/17/19
    The CASE Act: You Have Questions. We Have the Answers. — Everything you want to know (and more) about the copyright small claims process that would be created by H.R. 2426 and S. 1273. Shifting Paradigms: the Heritage Committee study on copyright — Canadian attorney Barry Sookman takes a look ... Read More
    Source: Justia All BlogsPublished on 2019-05-17By Terry Hart
  • 20 Questions for New Artists Sidebar: The Economic Reality of Streaming
    Streaming is all the rage.  But–it is cannibalizing higher margin goods, even digital goods.  Because of the industry standard revenue share method of dividing up royalties, all artists essentially get a market share allocation of streaming service revenue based on the number of streams.  Plus, with some exceptions, your royalty ... Read More
    Source: Justia All BlogsPublished on 2019-05-17By Chris Castle
  • Magliocca on A Special Relationship: Winston Churchill and the American Constitution @IUMcKinney
    Gerard N. Magliocca, Indiana University, McKinney School of Law, has published A Special Relationship: Winston Churchill and the American Constitution. Here is the abstract. This Article is the first detailed treatment of Winston Churchill's views on the United States Constitution.In ... Read More
    Source: Justia All BlogsPublished on 2019-05-17By Media Law Prof
  • Smith on Copyright in Culinary Presentations @Cathay Smith
    Cathay Smith, University of Montana School of Law, has published Copyright in Culinary Presentations in Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?128-149 (Enrico Bonadio & Nicola Lucchi eds., Edward Elgar Publishing, 2018). Here is the abstract. This chapter ... Read More
    Source: Justia All BlogsPublished on 2019-05-16By Media Law Prof
  • Litman on Imaginary Bottles @UMichLaw @DukeLawTechRev
    Jessica Litman, University of Michigan Law School, is publishing Imaginary Bottles in the Duke Law & Technology Review (2019). Here is the abstract. This essay, written for a symposium commemorating John Perry Barlow, who died on February 7, 2018, revisits ... Read More
    Source: Justia All BlogsPublished on 2019-05-16By Media Law Prof
  • The Merry Month of May
    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 http://entertainmentlawupdate.com/109. Here's what we talked about.. MORAL RIGHTS (quick)FOURTH CIRCUIT SAYS FAIR USE ISN’T TO PROTECT LAZY APPROPRIATORSANTI-TRUST ... Read More
    Source: Justia All BlogsPublished on 2019-05-16By Firemark Law Team
  • 20 Questions for New Artists Part 4: Band Administrator, Split Sheets and Co-Writer Agreements
    For the next few weeks, we’re going to post sections from the article “20 Questions for New Artists” by Chris Castle and Amy Mitchell some of which has been posted various places. This doesn’t constitute legal advice, or any intent to form the attorney-client relationship. Chris, Amy and others will ... Read More
    Source: Justia All BlogsPublished on 2019-05-15By Chris Castle
  • Kentucky Rejects Tortious Interference with Inheritance
    The Kentucky Court of Appeals recently ruled that Kentucky does not recognize the cause of action known as tortious interference with inheritance or gift.  This ruling confirms a previous line of several unpublished opinions which previously ruled that Kentucky does not recognize such a tort.  In this case, the daughter ... Read More
    Source: Justia All BlogsPublished on 2019-05-15By Benjamin Jakubowicz