Digital Media

News & Analysis as of

If You Know About It, You’re the Publisher – Website Operator Liability for Defamation

The first few months of 2015 have brought some welcome direction from Canadian courts regarding the liability of operators of websites for defamatory postings on their websites made by third parties. In plain English: we’ve...more

Manatt Digital Media - May 2015

In the last two months, Virtual Reality (VR) has become the featured event in the media and in industry events, creating great buzz and excitement around the possibilities for transforming user experiences across all domains....more

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part...more

Sports, Media and Entertainment Intelligence - May 2015 (Global)

COPYRIGHT - Belgium: Even a world famous painter needs to respect copyright - It has been held that the well-known Belgian painter Luc Tuymans breached professional photographer Katrijn Van Giel's copyright through his...more

New cookie implementation toolkit!

On May 5th, the main associations operating in the Italian digital market (DMA Italia, Fedoweb, IAB Italia, Netcomm and UPA) presented with the Italian Data Protection Authority (Garante per la protezione dei dati personali)...more

European Commission Announces a Digital Single Market Strategy for Europe

Content creators and content exploiters will need to review their licensing regimes and agreements if changes proposed by the European Commission are adopted. On 6 May 2015 the European Commission published its digital...more

Digital Music Provider Grooveshark Dismantled in Major Victory for Music Recording Industry

On April 30, 2015, digital music provider Grooveshark—owned by Escape Media Group, Inc. ("Escape")—agreed to permanently shut down its controversial music streaming website following several years of litigation with major...more

[Event] Digital Media Update 2015 -May 7, Santa Monica, CA

Please join Sheppard Mullin and Bird & Bird attorneys for cocktails and a discussion about the latest legal updates in digital media. Topics covered will include: - Net neutrality impact on digital media...more

Bipartisan deal results in trade promotion authority bills that could pave the way to major trade agreements

On April 16, 2015, senior lawmakers reached a bipartisan agreement on a trade promotion authority bill: The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015). The bill was marked up in record...more

Manatt Digital Media - February 2015

January 2015’s strategic movement in the digital media business already seems like a full year squeezed into one month. In this edition of our MDM newsletter, we walk you through some of those major developments that set the...more

European M+A News, Winter 2015

In This Issue: - Transactions Involving Digital Media in Europe: Know the Source - New Framework on Market Abuse in the European Union - Current Developments ..“Made in Germany” Attracts Foreign...more

Trial Presentation

Presenting your evidence in a digital format in this day and age can be extremely powerful. With every juror owning a smartphone, it’s no wonder they respond well to a more visual approach to the evidence. It’s more dynamic,...more

Davis v. Electronic Arts: Another Right of Publicity Loss for Media Companies

On January 6, 2015, Electronic Arts, Inc. (“EA”), maker of Madden NFL video games, lost its appeal to dismiss claims by approximately 6,000 retired professional football players in Michael Davis, et. al v. Electronic Arts,...more

Manatt Digital Media - January 2015

Welcome to MDM Newsletter #5—and to an entirely new year of Digital Media machinations. What better way to start the year than first recapping the last one—then predicting major themes for 2015—and then ending things up with...more

What Happens to Your Online Content When You Die?

More and more of the music, movies, and books we own exist only online, in digital form. What happens to these collections after the owner dies? Surprisingly, while you may want your heirs to have access to the books, music...more

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

What privacy, advertising and digital media trends will make headlines in 2015? Digital Health for one, Big Data for another....more

Manatt Digital Media - December 2014

2014 has been a transformative year in media and entertainment, particularly with the acceleration of “mobile-first, digital-first” initiatives—which we covered in our November newsletter—from pay TV unbundling to the...more

CHRISTMAS 2014: Top Five Privacy & Cyber Predictions, Trends And Issues For 2015 And Beyond!

Last year at this time we looked forward to the APPs coming into effect (from 12 March 2014) and highlighted the Top 10 Things You Think You Know About Privacy But Don’t!. In September this year we highlighted the practical...more

Accountability Program Releases Compliance Warning on Enhanced Noticed for Online Native Advertising

The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online...more

Cambridge University Press v. Patton: Who Really Won?

Cambridge University Press v. Patton is a recent opinion from the Eleventh Circuit Court of Appeals regarding fair use. In a nutshell, the case involved the nation’s premier text-book publishers Cambridge University Press,...more

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

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