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EU & Competition Law Update – May 2016

The beginning of the end for national TV boundaries? On 22 April 2016, the European Commission ("EC") invited industry comment on the commitments proposed by Paramount Pictures International Limited ("Paramount") in...more

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...more

Unions In The Digital Newsroom – Everything Old Is New Again

A recent string of successful organizing drives at several prominent digital news media outlets calls into question all those confident predictions about the inevitable demise of unionism in the information-age economy. ...more

Do Kanye’s Words Speak Louder than Tidal’s TOS?

A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more

2016 SAG-AFTRA Commercials Contracts MOAs and Drafting Agreements are Now Available on Joint Policy Committee Website

To access the 2016 SAG-AFTRA Memoranda of Agreement and Drafting Agreements, please visit the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations’ website...more

SAG-AFTRA and the Joint Policy Committee Reach Tentative Agreement on Successor Commercials Contracts

On April 3, 2016, SAG-AFTRA and the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations reached tentative agreement on successor Commercials Contracts. For more regarding the parties’ agreement, please visit...more

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

Joint Policy Committee and Sag-Aftra Extend Contracts

Please visit jointpolicycommittee.org for an update regarding the 2016 negotiations....more

Broadcast Station Reminder — Quarterly Filings and Requirements: Issues/Programs Lists; Children’s Programming; Commercial Limits;...

By April 10, 2016, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during January, February...more

China Imposes New Restrictions on Internet Content

Rules imposing new restrictions on the publication of online content in China came into effect on March 10, 2016. The new rules, the Online Publishing Service Administrative Rules, were jointly released by the State...more

Jay Z’s Breach of Contract Throws Off the Beat

Jay Z, real name Shawn Carter, is being sued by Parlux Fragrances for allegedly failing to promote a fragrance line that Carter launched in 2013 in a partnership with Parlux. The signature fragrance, called Gold Jay Z, was...more

Market Definition Failure Dooms Golf Caddies’ Antitrust Class Action Against PGA Tour

An antitrust class action lawsuit brought by golf caddies against the Professional Golf Association will not be afforded a mulligan after a federal district court dismissed their complaint with prejudice. A putative class of...more

Erin Andrews Is Good Example of Fighting Back

A jury just awarded Erin Andrews $55 million against the man that filmed her without permission through the peephole of her hotel room and the hotel where they both stayed. The videos of a nude Andrews that were...more

China Imposes Broad New Restrictions on Publication of Internet Content

New rules just published by the PRC impose new licensing and censorship requirements on almost all internet content providers, including publishers and aggregators of news, advertisements, social media content and mobile...more

Larson v. Warner Bros. Entertainment, Inc. - USCA, Ninth Circuit, February 10, 2016

Ninth Circuit affirms district court’s decision that 2001 letter operated as agreement by heirs of Superman co-creator to transfer to DC Comics rights in Superman, Superboy and Superman advertisements....more

New FCC Contest Rules Are In Effect

The FCC has formally announced that its new contest rules have become effective, as they now have been approved by the Office of Management and Budget and published in the Federal Register. The new rules enable licensees to...more

The Value of Terms Limits: YouTube’s Broadly Defined TOS Does the Trick

Frequent readers of our blog will recall that in prior posts on companies such as Uber, Ashley Madison and Twitter, we have stressed the importance of having a robust terms of service (TOS) agreement. In many instances, TOS,...more

News of Note for the Internet-Minded – 2/5/16

Augmented reality goes to the Superbowl; Cisco commits to the Internet of Things with a billion-dollar embrace (even as IBM belatedly embraces the cloud); the staying power of the sharing economy is questioned; and more…...more

Bulletin: Information Request from SAG-AFTRA

We understand that some signatories to the Commercials Contracts received an information request from the Union. The JPC has discussed the request with the Union. It is our understanding that these requests are being sent...more

Merry Christmas! Rights to “Santa Claus’ Is Comin’ to Town” Return to Songwriter’s - Baldwin v. EMI Feist Catalog, Inc.

Baldwin v. EMI Feist Catalog, Inc.Addressing issues of copyright ownership and the effectiveness of copyright termination notices, the U.S. Court of Appeals for the Second Circuit reversed the district court’s summary...more

Creative Commons Works: Free to License, But Not Necessarily Free to Use

Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more

Bulletin: SAG-AFTRA Issues Member Alert to Organize Droga5

SAG-AFTRA’s pledge to increase efforts in enforcing the SAG-AFTRA Commercials Contract and the Radio Recorded Commercials Contract was on full display with its latest Member Alert to organize Droga5, a non-signatory ad...more

Notice to Authorizers and Prudent Planning

The following documents outline the obligations of JPC authorizers with respect to the upcoming SAG-AFTRA negotiations, and provide guidance for the prudent planning of productions....more

Could We See a Major Shake Up in Advertising for DraftKings and FanDuel?

New York’s Attorney General Eric Schneiderman is going after daily fantasy sports’ sites, and he’s going after them hard.  On November 10, 2015, the New York Attorney General declared that daily fantasy sports constitute...more

Another DraftKings Class Action: A Primer on California False Advertising Claims

This month, one of the leading daily fantasy sports websites, DraftKings got hit with another lawsuit, this time a class action filed in the Los Angeles County Superior Court, Coleman v. DraftKings, Case No. BC600787. Given...more

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