Communications & Media Law, Art, Entertainment & Sports Law

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

Ivy League joins digital trend

by Douglas N. Masters, Seth A. Rose | Loeb & Loeb LLP on 5/17/2013

The Ivy League this month announced that it will join the Big Ten and the PAC-12 in launching its own digital sports network, giving fans of the conference and its teams unprecedented access to their favorite team’s home and...more

Are The Legal Rules For User Generated Content Becoming More Nuanced?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 5/15/2013

The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy....more

Memes Attack

by Derek Allen | Winthrop & Weinstine, P.A. on 5/15/2013

A recent lawsuit combines a number of things that are surely ruining today’s youth: internet memes, the Nintendo DS, and side-scrolling video games (actually, that last one ruined my generation. Thanks Super Mario Bros.,...more

Judge Slams Copyright Troll Attorneys

by Balough Law Offices, LLC on 5/8/2013

A federal judge has referred a band of copyright troll attorneys to their respective state and federal bars for their “moral turpitude unbecoming of an officer of the court.” The judge also referred the attorneys to the U.S....more

Advertising Law -- May 03, 2013

by Manatt, Phelps & Phillips, LLP on 5/6/2013

Manatt and ERA to Lead Teleseminar on Compliance with FTC’s New Dot Com Disclosure Guides - The Federal Trade Commission’s long-awaited changes to its “Dot Com Disclosures” set forth a number of new directives,...more

Advertising News & Analysis - May 2, 2013

by Gary D. Hailey, Jeffrey D. Knowles, Amy Ralph Mudge, Randal M. Shaheen | Venable LLP on 5/6/2013

In this issue: - NY Court Finds Name-Dropping Remains Protected in Art and Music - FTC Announces Staff Report on Mail or Telephone Order Merchandise Rule - FTC Solicits Comments on Proposed Changes to...more

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 4/26/2013

Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more

DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube

by Meaghan Hemmings Kent, Martin Saad | Venable LLP on 4/26/2013

On April 18, 2013, the U.S. District Court for the Southern District of New York again held that YouTube is subject to the safe harbor provisions of the Digital Millennium Copyright Act as an internet service provider despite...more

SAG-AFTRA Board Approves Commercials Contracts

by Sara Perry | Heenan Blaikie LLP on 4/25/2013

At its national meeting held April 20-21, 2013 in Los Angeles, California, SAG-AFTRA's national board of directors approved the recently negotiated television and radio commercials contracts. The tentative deal was reached...more

College Football Playoff Called College Football Playoff

by Derek Allen | Winthrop & Weinstine, P.A. on 4/24/2013

Less than nine months ago, the powers-that-be in college football approved a plan that would ditch the current postseason bowl season for the best teams in the country and replace it with a four-team playoff. While many had...more

Viacom v. YouTube Update: What Does It Mean For Me?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 4/22/2013

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more

Jackson Walker's VIA Media Postcard - April 2013

by Steve Fogel, Robert (Bob) P. Latham | Jackson Walker on 4/19/2013

In This Issue: - Steve Fogle's Feature: Out of the Blue - A recent unexpected court order restricting the media from reporting on certain details of a high-profile criminal case serves as a reminder that the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 11, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/12/2013

- American Broadcasting Companies, Inc. v. Aereo, Inc., USCA Second Circuit, April 1, 2013: Second Circuit affirms district court’s denial of plaintiffs’ request for preliminary injunction prohibiting defendant, Aereo,...more

A Private Matter: Second Circuit Rules that Aereo’s TV Streaming Service is Not an Infringing Public Performance

by Madeleine Rodriguez | Foley Hoag LLP - Trademark, Copyright &... on 4/12/2013

Private PublicIn an industry where technology is constantly evolving and racing to keep up with consumer habits, a recent court ruling came down to one basic component: antennas....more

The Copyright Alert System – Copyright Infringement and The Educational Approach

by Joseph DiCioccio | Mintz Levin - Intellectual Property on 4/11/2013

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

Pandora Tops 200 Million Users – Should Streaming Services Pay Lower Royalties?

by Tamera Bennett on 4/11/2013

Internet radio and streaming services are clearly part of the future of the music business. Should copyright owners, artists and songwriters continue to see a decrease in royalties when these businesses thrive? The...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

by Ropes & Gray LLP on 4/10/2013

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more