Digital Media

News & Analysis as of

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

British Columbia film and television tax credit announcement

British Columbia Finance Minister Michael de Jong released a statement this morning regarding proposed changes to BC’s film, television and digital media tax credit programs. Subject to approval of the British Columbia...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

Manatt Digital Media - April 2016

In this newsletter we highlight two recent events MDM attended that are often a focal point for organizations operating in the world of digital media. First, Jacob Carlson details his experience at San Francisco's Game...more

Federal Circuit Decides Not to Rehear ClearCorrect Operating, LLC v. ITC, Finding the ITC Does Not Have Jurisdiction over Digital...

On March 31, 2016, in a blow to the software and entertainment industries, the Federal Circuit denied the International Trade Commission’s (“ITC”) request for a rehearing en banc of the Federal Circuit’s November 10, 2015...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

The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use

In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in...more

Manatt Digital Media - March 2016

In this newsletter, we take a detailed look at the world of virtual reality with an emphasis on the potential legal issues that exist in this area of media that is still in its infancy....more

China Tightens Regulation of Online Publications

On Feb. 4, 2016, China’s State Administration of Press, Publication, Radio, Film and Television (“SAPPRFT”) and the Chinese Ministry of Industry and Information Technology jointly released the Administrative Rules on Network...more

Parliament Undertaking Media and Local Communities Study

Parliament is taking another careful look at the state of the country’s news media. The Standing Committee on Canadian Heritage is in the midst of at least ten meetings in which it will collect evidence on “how...more

News of Note for the Internet-Minded – 3/9/16

A virtual reality refresher course; Google and privacy concerns; Snapchat visits the dugout; WeChat has some homework for Chinese student; and more…...more

Fox News & Fair Use: How Transformed Does Reposted Content Need to Be?

At its heart, social media’s purpose is sharing content; however, fair use can only take one so far. A recent case serves as yet another reminder to exercise caution when reposting content, and that, in a litigious society,...more

Copyright Office Issues NOI Regarding DMCA, Seeks Comment on “Repeat Infringers”

On Dec. 31, 2015, the U.S. Copyright Office published a Notice of Inquiry seeking to “evaluate the impact and effectiveness of the DMCA safe harbor provisions” found at 17 U.S.C. § 512. Comments in response to the Notice of...more

Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

Those of us of a certain age (read: old) still recall standing in line at the bank of copy machines in the school library, quarters in hand, waiting to copy a few pages of a key piece of research found in the stacks. Those...more

The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair...

Behind the scenes of the Internet’s current swirl of memes, mashups and other viral content is a massive system of takedown notices and counternotices passing back and forth between content owners, web hosts and users,...more

Manatt Digital Media - February 2016

In this newsletter, we highlight how strategic acquisition and investment can best be leveraged for organizational growth. We also discuss a recent example in the case of IBM's purchase of live streaming service Ustream, and...more

Regarding Beauregarding

A Beauregard claim is a claim to a computer program written as a claim to an article of manufacture: a computer-readable medium on which instructions are encoded for carrying out a process. Beauregard appealed the rejection...more

Balancing Copyright Owners' Rights With ISP Immunities

When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief. The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that...more

China Contemplates New Regulations to Tighten Its Grip on Internet News

On Jan. 11, 2016, the Cyberspace Administration of China (the “CAC”) issued an announcement to solicit public comments on a draft amendment to the Administrative Rules on Internet News Information Service (the “Draft...more

Manatt Digital Media: Top 10 Predictions for 2016

It's a new year, and that, of course, means it's pundit time. Last year's headline story in digital media was the rapid ascension and burgeoning number of over-the-top (OTT), cord-free streaming video services, led by...more

FTC Issues Enforcement Policy Statement on Native Advertising in New Media

Digital media marketers are aggressively increasing the use of so-called sponsored content, or native advertising to reach new customers. Particularly with the growing use of ad blockers on web and mobile browsers, marketers...more

Copyright Royalty Board Issues Royalty Rate Increase to Pandora

On December 16, 2015, the Copyright Royalty Board released its much-anticipated ruling, increasing the royalty amount that Pandora and other digital streaming services must pay to stream music in 2016. The CRB’s ruling, which...more

2015 Digital Media Year in Review

Yes, it's that time of year again. Nostalgia and reflection time—taking a look at this past year in digital media. Nearly one year ago, Manatt Digital Media CEO Peter Csathy made several predictions for TechCrunch in an...more

Technology, Media and Telecommunications Review – US

This chapter provides an overview of telecommunications, broadband internet access and media regulation in the United States. Given the complexity of such regulation – which is constantly evolving in response to technological...more

Technology, Media and Telecommunications Review – Hong Kong

Hong Kong has one of the most developed telecommunications and internet services markets in the world. Its legal and regulatory system promotes competitiveness while at the same time striving to enhance and facilitate...more

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