Digital Media

News & Analysis as of

Manatt Digital - August 2016

Manatt Digital—eSports Startup Launchpad - We are proud to announce our partnership with Narus Advisors in sponsoring the Manatt eSports Startup Launchpad. This pitch competition is designed to explore what creative...more

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more

Digitally Delivered Products Now Subject to Sales Tax in Pennsylvania - Tax Update Volume 2016, Issue 3

The implementation of sales tax on the thousands of services that are delivered digitally can prove vexing. Have you downloaded a book recently or sent an e-card? Is your billing address in Pennsylvania? If so, as of August...more

DOJ Rejects Modifications of ASCAP, BMI Consent Decrees

On August 4, 2016, the Department of Justice (“DOJ”) rejected changes to the 1941 consent decrees with ASCAP and BMI. These decrees have been in place since 1941, when the DOJ settled antitrust claims with ASCAP and BMI...more

Your daily dose of financial news - The Brief – 8.4.16

As foreshadowed a few weeks ago, the Bank of England has cut its main interest rate to an historically low .25 percent in an effort to address the impact of June’s Brexit vote. The BOE will start bond buying in September....more

Can Using Social Media Lead to a Lawsuit?

In an era where technology is not only constantly evolving, but prevalent in nearly every aspect of our lives, it is only fitting to discuss the legal implications of social media. This includes everything from defamation...more

Ariana Grande’s online antics result in job loss at the White House

Newly leaked e-mails reveal that pop sensation Ariana Grande lost a gig performing at the White House based on a video circulated online last year. The surveillance footage taken at a California doughnut shop showed Grande...more

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our...more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

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

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