Art, Entertainment & Sports Administrative Agency Science, Computers & Technology

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McElroy Films secures FAA Section 333 exemption

Boston video production company, McElroy Films, LLC (McElroy Films), recently secured its Federal Aviation Administration (FAA) Section 33 exemption, adding its name (and services) to the list of 22 other commercial drone...more

Sports industry, untapped area for drone use, sure to expand

Many industries are starting to explore a new area for drone operations – the sports industry. Slowly, but surely, the use of drones for live sports coverage is expanding. In 2014, drones were used to film skiing and...more

Super Bowl Sunday: No drone zone

The Federal Aviation Administration (FAA) released a youtube video on Wednesday letting drone operators know that the air above Levi’s Stadium in San Francisco is off limits on Super Bowl Sunday. Labeled a “No Drone Zone,”...more

Advertising Law - December 2015

New York AG Asks Court to Bench DFS - In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a...more

Marketing to Millennials

Does your legal counsel understand your customer? Your business? Your industry? At Ifrah Law, we understand all three and we strive to provide you with the expertise that will help you grow your business!...more

Colorado Bill Targets Internet Sweepstakes Cafés and Similar Establishments

Colorado House Bill 1047 would make internet sweepstakes cafés illegal under Colorado law. The law declares that internet sweepstakes cafés and similar establishments in which simulated gambling devices are used to award prizes to customers do not comply with existing constitutional and statutory requirements for the conduct of licensed gambling activity in Colorado and, therefore, the operation of these businesses is contrary to public policy.more

The Federal Aviation Administration Appeals Most Recent Drone Ruling

The Federal Aviation Administration (FAA) has appealed this month's ruling by an administrative law judge striking down a fine against paid photographer who had strapped cameras to a model airplane and photographed the University of Virginia.more

CBb 6 juni 2012, Mediaforum 2012/11-12, Nr. 28 (Minister van EL&I en NDC/RATO c.s.) m.nt. H.P. Wiersema en J.J.R. Lautenbach

Deze uitspraak gaat over de verdeling van vergunningen voor het gebruik van frequentieruimte voor niet-landelijke commerciële radio-omroepen en de middengolf. Op 3 maart 2008 heeft de Minister van EL&I twaalf FM-frequenties en vijf AM-frequenties verdeeld door middel van een vergelijkende toets met een financieel bod. De FM-frequenties zijn beschikbaar gekomen na de herindeling van de FM-band in 2003 (Zero base) en in de periode 2003-2007 gebruikt voor het oplossen van ontvangstklachten van de publieke en commerciële omroepen. De AM-frequenties zijn vrijgekomen door intrekking van vergunningen in 2006 en 2007. Bij het CBb staat de toewijzing van twee FM-kavels centraal: B27 (Ameland 89,4 MHz) en B31 (Cuijk 95,3 MHz). De vergunningen voor het gebruik van deze kavels zijn op 3 maart 2008, tezamen met de andere vergunningen voor de kavels B27 tot en met B37, verleend aan, zoals door de rechtbank in eerste aanleg aangeduid, vergunninghouder S. Het bedrijf van S is in 2007 overgenomen door NDC die aldus bij het CBb optreedt als zijn rechtsopvolger. RATO is het niet eens met de toewijzingen noch de afwijzingen van zijn aanvragen.more

Exemptions to the Digital Millennium Copyright Act

The U.S. Copyright Office recently issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA"). The exemptions, effective as of Oct. 28, 2012 define the limited circumstances that users are allowed to circumvent technology that prevents access to copyrighted works, e.g., content encryption schemes.more

Can you Really Get a Social Game Patent in Less Than a Year?

YES! One of the often cited reasons for not pursuing patents is that they take too long to obtain. In response to this concern, the US Patent office has implemented a procedure that enables applicants to make a request, when an application is field, to expedite examination of the application.more

Some New (and Some Rejected) Exemptions to the Digital Millennium Copyright Act

The U.S. Copyright Office issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA") on October 26. The exemptions, effective as of Oct. 28, define the limited circumstances in which users are allowed to circumvent technology that prevents access to copyrighted works, e.g., content encryption schemes. The exemptions are reviewed and issued anew every three years, so what was allowable prior to the ruling may not be anymore, and new exemptions, primarily directed to assistive technologies for the blind, are available. Companies that relied on previous exemptions should take heed that many are no longer lawful, and the Copyright Office affirmatively denied the universal legality of jailbreaking devices.more

Social Gaming Thriving as Online Gambling is Slowed by the Legislative Process

The U.S. DOJ's announcement last December -- that it was now interpreting the 1961 Wire Act as primarily prohibiting only online sports betting -- generated a lot of excitement and speculation that many states would move to legalize online gaming.more

CA Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law

[10/30/2012 Press-Release] California Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law: San Francisco -- Attorney General Kamala D. Harris this week began formally notifying scores of mobile application developers and companies that they are not in compliance with California privacy law. The companies were given 30 days to conspicuously post a privacy policy within their app that informs users of what personally identifiable information about them is being collected and what will be done with that private information. Letters will be sent out to up to 100 non-compliant apps at this time, starting with those who have the most popular apps available on mobile platforms. "Protecting the privacy of online consumers is a serious law enforcement matter," said Attorney General Kamala D. Harris. "We have worked hard to ensure that app developers are aware of their legal obligations to respect the privacy of Californians, but it is critical that we take all necessary steps to enforce California’s privacy laws." The letters are the first step in taking legal action to enforce the California Online Privacy Protection Act (Simitian), which requires commercial operators of online services, including mobile and social apps, which collect personally identifiable information from Californians to conspicuously post a privacy policy. Privacy policies are an important safeguard for consumers. Privacy policies promote transparency in how companies collect, use, and share personal information. Companies can face fines of up to $2,500 each time a non-compliant app is downloaded. This action by Attorney General Harris follows an agreement she forged among the seven leading mobile and social app platforms to improve privacy protections for millions of users around the globe who use apps on their smartphones, tablets, and other electronic devices. Those platforms – Amazon, Apple, Facebook, Google, Hewlett-Packard, Microsoft, and Research in Motion – agreed to privacy principles designed to bring the industry in line with California law requiring mobile apps that collect personal information to have a privacy policy. The agreement allows consumers the opportunity to review an app’s privacy policy before they download the app rather than after, and offers consumers a consistent location for an app’s privacy policy on the application-download screen in the platform store. The California Online Privacy Protection Act is one of the privacy laws that the Privacy Enforcement and Protection Unit is charged with enforcing. Created in 2012, the Privacy Unit’s mission is to enforce federal and state privacy laws regulating the collection, retention, disclosure, and destruction of private or sensitive information by individuals, organizations, and the government. This includes laws relating to cyber privacy, health privacy, financial privacy, identity theft, government records and data breaches. The February 2012 press release announcing the apps agreement can be found at: http://oag.ca.gov/news as can the June 2012 press release announcing that Facebook joined the apps agreement. more

What's Old Is New Again

The Digital Millennium Copyright Act ("DMCA") immunizes conduct involving works the Copyright Act does not protect. That is the upshot of a recent ruling by Judge Barbara Kapnick of the New York Supreme Court in UMG Recordings, Inc. v. Escape Media Group, Inc. Judge Kapnick held that online service provider Escape Media Group, Inc. ("Escape") and its "Grooveshark" site may not be liable for common law copyright infringement of pre-1972 sound recordings, which are not protected by the Copyright Act, if Grooveshark complied with the "safe harbor" provisions of the DMCA.more

Legal Issues Associated with Mobile Marketing to Sports Fans

More and more sports teams and advertisers are reaching sports fans through their mobile devices. Mobile devices are typically used by only one person and are accessible anywhere, anytime, making it a very effective method for reaching, entertaining, and learning about fans. The Wireless Association estimates that there are 322 million cellphone users in the U.S. The U.N.’s International Telecommunication Union estimates there are 5.9 billion mobile phone users globally. Marketing to sports fans through mobile channels continues to expand. Here are just a few examples: Creating a mobile app, or sponsoring a mobile app, that promotes a product, event, or brand... Please see full article below for more information. more

New DOJ Opinion Paves Way to Legal Online Poker

On December 23, 2011, the U.S. Department of Justice revealed that it has reversed a long-held position by stating that the Wire Act applies only to sports betting. This marks a major change in policy for DOJ, which has long contended that the Wire Act prohibits all forms of Internet gambling, including poker. Late that day, the DOJ released a 13-page legal opinion dated September 20, 2011, written by Assistant Attorney General Virginia Seitz in response to a 2009 request by New York’s lottery division and the Illinois governor’s office to analyze the application of the Wire Act to their plans to use the Internet and out-of-state processors to sell lottery tickets. The opinion noted that “nothing in the materials supplied by the Criminal Division suggests that the New York or Illinois lottery plans involve sports wagering, rather than garden variety lotteries. Accordingly, we conclude that the proposed lotteries are not within the prohibitions of the Wire Act.” Please see full article below for more information. more

FCC Releases Proposed Internet Closed Captioning Rules

In a very late release today, the FCC has issued for comment its proposed rules for closed captioning of IP-delivered videos (NPRM available here). Pursuant to the 21st Century Communications and Video Accessibility Act (discussed earlier here) and other related events, the FCC is required to adopt final Internet closed captioning rules by January 12, 2011. This gives the FCC less than four months to solicit and consider comments and replies before issuing its final rules. Consequently, the FCC has provided a mere 20 days (from publication in the Federal Register) to submit comments, and 10 days to submit reply comments. Interested parties may want to start drafting their comments now. As we noted earlier here, the Video Programming Accessibility Advisory Committee had issued its report of recommendations for implementing closed captioning on the Internet. That report recommended, among other things, an Internet closed captioning standard (SMPTE-TT) and a schedule of tiered compliance deadlines. In the NPRM, the FCC has proposed NOT to adopt a technical standard, but has instead proposed to allow parties to negotiate an appropriate interchange format. The FCC believes that, if SMPTE-TT is indeed the "best interchange format, [then] the industry will settle on that format without Commission intervention and, if it is not [the best], the industry will come to a different agreed-upon format." The FCC did, however, leave itself the option to adopt a standard under the final rules. Thus, the FCC has asked whether it should allow parties to comply using "alternate means" rather than an FCC-adopted standard. Please see full article below for more information.more

Recent FTC Enforcement Actions Involving Endorsements, Privacy And Security

The Federal Trade Commission announced several enforcement actions in the last year relating to endorsements, privacy and data security. These announcements provide valuable information to companies engaged in these activities: the announcements describe exactly what actions were purported to violate federal laws and what the subjects of the settlements agreed to do to comply with such laws going forward. In this article, which was published in M/E Insights, the biannual magazine published by the Association of Media and Entertainment Counsel, James Taylor and Jill Westmoreland describe two settlements with companies that posted, or engaged others to post, online reviews of products, and why these reviews violated the FTC’s endorsement guides. The authors also discuss two companies that failed to comply with their own privacy promises – something the FTC has been targeting for over a decade. And the article covers settlements with two companies that failed to provide adequate security for consumer and employee data within their control. The authors also provide practical suggestions for complying with endorsement, privacy and data security laws and guidelines, as well as a list of online resources to assist with compliance. Please see full article below for more information. more

Recent FTC Enforcement Actions Involving Endorsements, Privacy And Security

The Federal Trade Commission announced several enforcement actions in the last year relating to endorsements, privacy and data security. These announcements provide valuable information to companies engaged in these activities: the announcements describe exactly what actions were purported to violate federal laws and what the subjects of the settlements agreed to do to comply with such laws going forward. In this article, which was published in M/E Insights, the biannual magazine published by the Association of Media and Entertainment Counsel, James Taylor and Jill Westmoreland describe two settlements with companies that posted, or engaged others to post, online reviews of products, and why these reviews violated the FTC’s endorsement guides. The authors also discuss two companies that failed to comply with their own privacy promises – something the FTC has been targeting for over a decade. And the article covers settlements with two companies that failed to provide adequate security for consumer and employee data within their control. The authors also provide practical suggestions for complying with endorsement, privacy and data security laws and guidelines, as well as a list of online resources to assist with compliance. Please see full article below for more information. more

Advanced Copyright Issues on the Internet - March 2011

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of communication among academic and scientific research circles into ubiquity in both the commercial arena and private homes. The Internet is now a major global data pipeline through which large amounts of intellectual property are moved. As this pipeline is increasingly used in the mainstream of commerce to sell and deliver creative content and information across transnational borders, issues of intellectual property protection for the material available on and through the Internet are rising in importance. Copyright law provides one of the most important forms of intellectual property protection on the Internet for at least two reasons. First, much of the material that moves in commerce on the Internet is works of authorship, such as musical works, multimedia works, audiovisual works, movies, software, database information and the like, which are within the usual subject matter of copyright. Second, because the very nature of an electronic online medium requires that data be “copied” as it is transmitted through the various nodes of the network, copyright rights are obviously at issue. Please see full publication below for more information.more

Advertising Law - April 7, 2010

In This Issue *Manatt Adds Advertising Partner Marc Roth in New York *New York Times Profiles Manatt’s Work in Branded Entertainment *Manatt to Host the PMA's Entertainment Law Summit in Los Angeles *Pharmaceutical Companies Seek FDA Guidance on Social Marketing *Facing Lawsuit and Investigation, Netflix Cancels Contest *Classmates.com Settles False Advertising Suit for $9.5 Million *Deaf Woman Files Suit Against eBay, Claiming Violation of ADA Please see full newsletter below for more information.more

Advertising Law - September 25, 2009

IN THIS ISSUE: SPECIAL FOCUS: "L.A. Scale": An Interview with Partner Alan Brunswick *FTC Plans Wide-Ranging Look at Privacy Issues *Third Circuit Upholds Online Betting Ban *Feds Raise Eyebrows at Food Label Campaign *Obama Warns Teens of Facebook Dangers *EU Finds Most Electronic Goods Web Sites Break the Law *Maine AG Won’t Enforce Predatory Marketing Law *Promotion Marketing Association's 31st Annual Promotion Marketing Law Conference Please see full newsletter below for more information.more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *FDA Provides Advice on Presenting Drug Risks *Battle Mounts Over ICANN Control *FTC’s Negative Option Rule Up for Comment *Alcohol Brands Cautiously Launch Twitter Campaigns *Court to Examine Grounds for Taster’s Choice Case Please see full newsletter for more information.more

ALA v FCC

Supplemental Brief of Intervenor MPAAFederal Admin Agencies

In a unanimous decision, the D.C. Circuit Court of Appeals threw out the broadcast flag, the FCC rule that would have crippled digital television receivers starting July 1. The ruling came in ALA v. FCC, a challenge led by Public Knowledge and EFF. The court ruled, that the FCC lacked authority to regulate what happens inside your TV or computer once it has received a broadcast signal. The broadcast flag rule would have required all signal demodulators to "recognize and give effect to" a broadcast flag, forcing them not to record or output an unencrypted high-def digital signal if the flag were set. This technology mandate, set to take effect July 1, would have stopped the manufacture of open hardware that has enabled us to our own digital television recorders. This is the supplemental brief of intervenor Motion Picture Association of America ("MPAA"). more

ALA v FCC

Supplemental Brief of Respondent FCCFederal Admin Agencies

In a unanimous decision, the D.C. Circuit Court of Appeals threw out the broadcast flag, the FCC rule that would have crippled digital television receivers starting July 1. The ruling came in ALA v. FCC, a challenge led by Public Knowledge and EFF. The court ruled, that the FCC lacked authority to regulate what happens inside your TV or computer once it has received a broadcast signal. The broadcast flag rule would have required all signal demodulators to "recognize and give effect to" a broadcast flag, forcing them not to record or output an unencrypted high-def digital signal if the flag were set. This technology mandate, set to take effect July 1, would have stopped the manufacture of open hardware that has enabled us to our own digital television recorders. This is respondent's supplemental brief on appeal.more

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