Digital Media

News & Analysis as of

Manatt Digital Media - November 2014

Cutting of the Cable Bundle, NOT the Cord—Welcome to “The Great Unbundling” - 2014 is a transformative year for the media business. We will look back several years from now and fully realize this. First, anyone...more

Post-Alice Federal Circuit Finds Internet Advertising Method to Not Be Patent Eligible

Citing the Supreme Court of the United States’ Spring 2014 decision in Alice Corp. v. CLS Bank, the U.S. Court of Appeals for the Federal Circuit reversed itself and concluded that a claimed method for distributing online...more

A Q&A With Digital Media Investors Part II: Advice for Digital Media Companies

As noted in Part I: Digital Media Funding Trends, Foley Partner Beth Felder gathered a group of digital media investor experts – Don Dodge, Developer Advocate for Google, James Geshwiler, Managing Director of CommonAngels and...more

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more

Digital Insights & Trends: "Digital Assets"...or Liabilities?

Delaware’s Fiduciary Access to Digital Assets and Digital Accounts Act (H.B. 345) makes Delaware the latest state to regulate access to “digital assets” after death. Unless the account-holder instructs otherwise, legally...more

A Q&A With Digital Media Investors Part I: Digital Media Funding Trends

Foley Partner Beth Felder gathered a group of digital media investor experts – Don Dodge, Developer Advocate for Google, James Geshwiler, Managing Director of CommonAngels and Eric Hjerpe, Partner at Kepha Partners – at our...more

Manatt Digital Media - October 2014

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - In today’s competitive marketplace, brands are relying heavily on social media and other digital methods to...more

Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more

SiriusXM and Pre-1972 Recordings Not So Happy Together

The two founding members of the Turtles just prevailed in a lawsuit against SiriusXM sure to rock the music industry and, perhaps, take a lot of music out of circulation....more

VAT Alert: K Oy (C-219/13)

Under EU VAT law, EU Member States may, at their discretion, apply a reduced rate of VAT to books produced on "…all physical means of support". The term "all physical means of support" has generally been interpreted to...more

An Outlook on the Future of Journalism from the Nieman Journalism Lab at Harvard

With the landscape of modern journalism rapidly changing, what does the future look like? With new technology and the internet impacting the way that journalists do their jobs and downward financial pressures consistently...more

Manatt Digital Media - September 2014

Welcome to Issue #1 of the Manatt Digital Media (MDM) newsletter. Initially, we will publish these monthly—and look forward to receiving your feedback, since we want this to be a conversation and bring information and...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Summer 2014 - Vol. 12, Issue 3

In This Issue: - The Analysis for Design Patent Infringement Post-Egyptian Goddess - Supreme Court Issues Decision in Alice Corp. v. CLS Bank - Capitol Records, LLC v. Pandora Media, Inc.: Future of...more

The revised PSI Directive – European Commission publishes guidelines on re-use of public sector information

On July 17th, 2014, the European Commission published guidelines for the re-use of public sector information ("PSI"). These guidelines shall support the EU Member States in the transposition of the 2013 revision of the so...more

Sports, Media and Entertainment Intelligence - August 2014 (Global)

BROADCASTING - US: Following loss before the Supreme Court, Aereo “astonishes” broadcasters with new legal strategy - New York-based Aereo asserts in federal district court that it is entitled to a compulsory license...more

International Tax News - June 2014

NEW FOR SUPPLIERS OF DIGITAL CONTENT AND INTANGIBLES: DLA PIPER’S GLOBAL VAT GUIDE - Starting January 1, 2015, EU VAT rules for suppliers of digital content, telecommunications and broadcasting services are changing....more

Second Circuit Finds That, Once Again, Book Scanning Is Fair Use

The Second Circuit Court of Appeals has delivered a resounding reaffirmation of fair use principles in the latest decision to go against the Authors Guild in its longstanding battle against book digitization. The unanimous...more

Top 10 Privacy Considerations for Digital Marketing Campaigns

In today’s competitive marketplace, companies are relying heavily on innovative and edgy digital marketing campaigns to promote their products and services that often include the submission of usergenerated content, viral...more

Digital Imports: Should Downloads Be Subject to the Tariff Act?

On April 3, the International Trade Commission (ITC) ruled that the agency has jurisdiction to police digital transmission for intellectual property infringement. The ITC hears trade disputes regarding “articles” imported...more

3-D Printing and the International Trade Commission – ITC Stops Importation of Infringing Digital Data Files

The International Trade Commission has jurisdiction to stop the importation of infringing “articles.” The ITC says that the term “articles” includes tangible goods and intangible electronic files. An electronic cross-border...more

Sports, Media and Entertainment Intelligence - May 2014 (Global)

UK: London's IP anti-crime unit shuts down leading sports file sharing site - The City of London’s Police Intellectual Property Crime Unit has successfully shut down the Sports Torrent Network, a leading sports...more

Can you bequeath your iTunes playlist?

Estate-planning is surely far from the minds of the majority of us when we log into iTunes to buy a copy of the latest catchy song from the radio. While we accumulate ever-larger collections of digital media (books, movies,...more

Canada’s Digital Privacy Rethink: Fines, Enforceable Compliance Agreements And More!

On April 8, 2014, Canada’s government introduced Bill S-4, the Digital Privacy Act, in the Senate. Bill S-4 is the federal government’s latest attempt to reform the federal Personal Information Protection and Electronic...more

In with the New, Part III: 2014 Privacy, Advertising and Digital Media Predictions

Boston-based litigation partner Matt Turnell shares his predictions about class action litigation under the Telephone Consumer Protection Act (TCPA) and Electronic Communications Privacy Act (ECPA) in 2014 and Boston-based...more

Native Advertising Takes Center Stage: New NAD Decision Recommends Disclosure of Branded Content as Advertising

Many advertising industry predictions for 2014 have trumpeted the rise of "native advertising" and "content marketing" in digital media, where advertising or sponsored content is integrated with or designed to resemble...more

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