Broadcasting

News & Analysis as of

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 response to concerns raised by the EC. The EC’s concerns were...more

Ottawa Launches Overhaul of Cultural Policy

The Department of Canadian Heritage has launched a review of the federal government’s cultural policy toolkit that could bring significant changes to the governance framework that underpins the broadcasting, media and...more

FCC Starts Down the Path to ATSC 3.0

Fulfilling Chairman Wheeler’s promise at the NAB Show to launch a proceeding before the end of the month commencing the process of authorizing use of ATSC 3.0 by TV broadcasters, the FCC today released a Public Notice on the...more

Schilling Firing: Can You Fire An Employee for What They Say on Social Media?

This week ESPN fired pitcher-turned-broadcaster Kurt Schilling for an allegedly offensive tweet about the recently passed law in North Carolina requiring persons to use the restroom associated with the sex of their birth. As...more

Media, Sport and Entertainment Intelligence - April 2016

Looking ahead The latest US sales report for the music industry has been released, showing annual revenues are still hovering around the US$7 billion mark, as they have since 2010. But what has been changing is how the...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

Joint Policy Committee and Sag-Aftra Extend Contracts

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

FCC Enforcement Monitor ~ March 2016

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....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

The Truth of the Matter – A Successful Defense to Defamation and Product Disparagement Claims

Years ago, a potential client called to ask if she could be successfully sued for libel if she published a tell-all memoir, revealing the details of a marital affair with a gentleman she intended to identify. My first...more

FCC Releases Spectrum Auction User Guide and Online Tutorial for March 28-29 Initial Commitment Window

Today, the FCC posted to the Auction 1001 website the Reverse Auction Initial Commitment User Guide and Online Tutorial. Broadcasters that submitted an FCC Form 177 to participate in the Reverse Auction should review these...more

Alert: FCC Proposes Cybersecurity Requirements for Broadcasters and MVPDs

The Federal Communications Commission has proposed rules requiring all participants in the nation's emergency alert system ("EAS") to implement certain cybersecurity risk management practices. The proposed rules could apply...more

FCC Expands Online Public File Requirements to Cable TV, DBS, and Broadcast and Satellite Radio

The online public file requirement has been applicable to broadcast TV stations only. At its open meeting today, the Federal Communications Commission (FCC) unanimously agreed to expand the requirement to keep public and...more

MLB Settles, Leaving Unanswered Questions: Do Sports Leagues’ Regional Blackout Agreements Violate Antitrust Laws?

In the wake of Major League Baseball’s settlement of antitrust claims on the eve of trial, the central question from the lawsuit remains: are sports leagues’ exclusive broadcasting territories for live games an antitrust...more

"Global Antitrust Enforcement in the Digital Age: Recent Developments in E-Commerce"

Competition authorities worldwide ramped up scrutiny of e-commerce business practices in 2015. The European Commission (Commission) launched an expansive sector inquiry in May 2015 aimed at identifying anticompetitive...more

New Law Limits Ability of Local Governments and School Districts to Communicate Regarding Ballot Questions

On January 6, 2016, Governor Rick Snyder signed into law Public Act 269 of 2015 (“Act 269”), which amends the Michigan Campaign Finance Act, Act 388, Public Acts of Michigan, 1976, as amended (“Act 388”). Among other...more

Mintz TechConnect - December 2015

Letter from the Editors - Welcome to the second issue of Mintz Levin’s TechConnect — our bi-monthly newsletter on “all things technology” in the legal and business world, from our perspective, of course. This issue...more

Direct injection broadcasting – who is communicating to the public?

The European Court of Justice (ECJ) has ruled that a broadcaster is not making a communication to the public for the purposes of Article 3(1) of the Copyright Directive (2001/29/EC) (Article 3(1)) when it transmits...more

“Voice of America” Belongs to the U.S. Government - Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice...

Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice of AmericaAddressing the issues of laches and the reliability of a consumer survey in a defense to a trademark infringement action under the...more

Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, Distric of Columbia, December 2, 2015

District court holds Internet television streaming service is not eligible for compulsory license under Section 111 of Copyright Act because it does not meet definition of “cable company” and therefore infringed...more

FilmOn and the Copyright Act §111 Compulsory Licensing

Web-based television streaming services have been dealt another blow in their campaign to transmit large broadcasters’ copyrighted programs. In the latest decision on the issue, a federal judge rejected FilmOn X LLC’s claims...more

A Brief History of the Broadcast Reproduction Right

The following is a timeline of broadcast reproduction copyright developments, leading to yesterday’s Supreme Court of Canada decision in CBC v. SODRAC. 1980’s: SODRAC, a copyright collective society managing (largely...more

Down Stream from Aereo: FilmOn Pulled by Different Legal Currents

Last year in American Broad. Cos., Inc. v. Aereo, Inc., the Supreme Court dealt a significant victory to the broadcast industry when it concluded that Aereo’s online streaming services infringed the broadcasters’ copyrighted...more

"FCC Regulatory Initiatives May Spur Foreign Investment in Broadcast and Telecom Entities"

Recent Federal Communications Commission (FCC or Commission) and Obama administration initiatives may help to spur foreign investment in U.S. entities holding broadcast, telecommunications and other licenses issued by the...more

FCC May Ease the Way for Foreign Investment in Telecommunications Industry

The FCC seeks public input on how it can change the rules that limit direct and indirect foreign ownership in media and telecommunications companies to reduce barriers to foreign sources of capital without compromising...more

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