Digital Media

News & Analysis as of

Manatt Digital - June 2016

In this newsletter, we examine what's new in media as it relates to the Chinese market with specific emphasis on VR, Hollywood, and the ongoing digital transition....more

Updating the AVMS Directive: making VoD services pay?

Our latest client alert on the European Commission’s Digital Single Market strategy sets out some of the key aspects of the most recent proposal from the Commission relating to the Audiovisual Media Services Directive and...more

New CRTC Policy Framework for Local and Community TV

The Canadian Radio-television and Telecommunications Commission has published a new policy designed to ease the economic pressure squeezing local television newscasts in the same week in which a report was published...more

The FTC’s Analysis of Lord & Taylor’s Social Media Marketing Campaign

New ways of monetizing digital media has brought challenges in regulating advertising. The FTC has recently issued guidelines to provide businesses and advertisers with insights as to how to comply with the FTC Act. Despite...more

The 2015 FTC Policy Statement: An Advertisement Can Be Deceptive Based On Formatting

Starting a few years ago, the FTC began increasing its efforts to address online disclosures in new media. For example, in 2013, the FTC issued .com Disclosures: How To Make Effective Disclosures in Digital Advertising, which...more

Global VAT Guide 2016 - Cross border supplies of intangible services, rights and digital content

Focusing on supplies of intangibles, such as services, intellectual property rights and digital content, we consider this Global VAT Guide to be timely, given that revenue authorities throughout the world are increasingly...more

Come Back With a Warrant: Proposed Rule Change Expands the Government’s Ability to Access Electronically Stored Information in...

On April 28, 2016 the United States Supreme Court proposed a modification to Federal Rule of Criminal Procedure 41 that significantly alters the manner in which the government can obtain search warrants to access computer...more

Divisive Devices: Navigating Workplace Pitfalls Caused By Connectivity And Mobile Apps

It is unlikely that the Slovenian psychoanalytic Marxist philosopher Slavoj Zizek had in mind the wellbeing of corporate defendants in workplace litigation when he articulated this “ultimate horror of the digital age.”...more

Is Social Media Sharing of Sports Clips Copyright Infringement? Recent UK Judicial Clarification and International Implications

In our annual review last year “Sports Industry 2015: A Year of Unprecedented Landmark Change”, we predicted that the battle against media piracy would be a key area for rights holders in 2016, highlighting “social media...more

Fair Use Copyright Ruling Stands For Google Books

Last month, the Supreme Court denied certiorari in Authors Guild v. Google, Inc., the long-running copyright case involving Google’s Google Books project. The high court’s refusal to hear the case leaves in place the Second...more

British Columbia Announces Changes to Film and TV Tax Credits

On May 2, 2016 the government of British Columbia announced significant changes to the province’s film, television and digital media tax credit programs. While the changes remain to be approved by the provincial legislature,...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

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

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