Saturday, December 15, 2012
Friday, December 14, 2012
In early December, Congress got bi-partisan to pass the Commercial Advertisement Loudness Mitigation (CALM) Act. It went into effect December 13th. While its name isn't graceful, it's descriptive enough--it's aimed at those screechy commercials that lift you out of your seat every so often. Congress has tried before to solve the problem of abnoxiously loud ads, but without success, even though viewers have complained incessantly for years. Now--success. Report violators to the FCC here.
Can you hear them (less) now?
A German appellate court has ruled that the comments of Deutsche Bank's CEO led, in part, to the bankruptcy of KirchMedia, the former media conglomerate, and thus, the Bank must pay damages of up to 2 billion dollars to the estate of the company's founder, who died last year. DB was the company's main creditor at the time of CEO Ralf Breuer's 2002 comments to Bloomberg TV, during which he "questioned Kirch's creditworthiness." The company filed for bankruptcy two months after Breuer's comments.
More here from the Hollywood Reporter.
Wednesday, December 12, 2012
Tuesday, December 11, 2012
Jennifer E. Rothman, Loyola Law School, Los Angeles, has published Copyright, Custom and Lessons from the Common Law in Intellectual Property and the Common Law (Shyamkrishna Balganesh, ed., Cambridge University Press, forthcoming). Here is the abstract.
In this essay prepared for the University of Pennsylvania’s conference on Intellectual Property and the Common Law, I build upon my work on custom and intellectual property. I focus here on one important facet of the subject — how longstanding common law principles should inform our understanding of custom. The common law provides a number of lessons on how to appropriately limit the consideration of custom in intellectual property law and elsewhere. The essay begins by considering the traditional role of custom in the common law. Part II then examines several of the ways that courts have incorporated custom into copyright law, particularly in the context of determining fair use. Part III explores recent efforts to use custom to ameliorate the uncertainty of fair use and to limit copyright’s ever-expanding boundaries. Parts IV through VI criticize the unreflected reliance on custom and consider appropriate limits on custom’s role, taking into consideration the traditional common law limits on the use of custom. Finally, I suggest a number of useful insights (other than the provision of legal rules) that custom and the common law provide for copyright law. These insights include the need for the copyright system to have public support to function, the importance of consensus for copyright rulemaking, and the need for a coherent normative framework. The history of the use of custom in the context of real property also reveals that uses of copyrighted works that cannot be substituted for or that serve communal recreational purposes should be given a privileged status.
Download the essay from SSRN at the link.
Federal-State Joint Conference On Advanced Services Announces Joint Conference On Broadband Adoption and Usage
Federal-State Joint Conference on Advanced Services Announces Feb. 7 Broadband Summit: Broadband Adoption and Usage
What Have We Learned?
The Federal-State Joint Conference on Advanced Services will hold a summit on February 7, 2013 to identify and discuss best practices learned from broadband adoption programs and academic studies/surveys, and how implementation of these best practices can close the broadband adoption gap among Americans – particularly low-income households, racial and ethnic minorities, seniors, rural residents, residents of Tribal lands and people with disabilities.
Additional details regarding the agenda will be available prior to the event at http://www.fcc.gov/events.
Date: February 7, 2013 Time: 8:45 a.m. to 5 p.m. EST Location: FCC Commission Room 445 12 th St. SW Washington, D.C. 20554
Reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation you will need and tell us how to contact you if we need more information.
Make your request as early as possible. Last minute requests will be accepted, but may be impossible to fill.
Send an e-mail to firstname.lastname@example.org or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
More information about the Federal-State Joint Conference on Advanced Services is available at http://www.fcc.gov/encyclopedia/federal-state-joint-conference-advanced-telecommunications-services.
Monday, December 10, 2012
Samantha Barbas, State University of New York at Buffalo Law School, is publishing The Laws of Image in the New England Law Review. Here is the abstract.
We live in an image society. Since the turn of the 20th century if not earlier, Americans have been awash in a sea of images throughout the visual landscape. We have become highly image-conscious, attuned to first impressions and surface appearances, and deeply concerned with our own personal images – our looks, reputations, and the impressions we make on others.Download the article from SSRN at the link.
The advent of this image-consciousness has been a familiar subject of commentary by social and cultural historians, yet its legal implications have not been explored. This article argues that one significant legal consequence of the image society was the evolution of an area of law that I describe as the tort law of personal image. By the 1950s, a body of tort law – principally the privacy, publicity, and emotional distress torts, and a modernized defamation tort – had developed to protect a right to control one’s image and to be compensated for emotional and dignitary harms caused by interference with one’s public image. This law of image produced the phenomenon of the personal image lawsuit, in which individuals sued to vindicate or redress their images. The rise of personal image litigation over the course of the 20th century was driven by Americans’ increasing sense of protectiveness and possessiveness towards their public images and reputations.
This article offers an overview of the development of the image torts and personal image litigation in the United States. It offers a novel, alternative account of the history of tort law by linking it to developments in American culture. It explains how the law became a stage for, and participant in, the modern preoccupation with personal image, and how legal models of personhood and identity in turn transformed understandings of the self. Through legal claims for libel, invasions of privacy, and other assaults to the image, the law was brought, both practically and imaginatively, into popular fantasies and struggles over personal identity and self-presentation.
Ellen P. Goodman, Rutgers University School of Law, Camden, has published Public Service Media Narratives in the Routledge Handbook of Media Law (Monroe E. Price & Stephaan Verhulst, eds., 2012). Here is the abstract.
The emergence of public service media in the mid-twentieth century on both sides of the Atlantic was a response to particular technological realities and market structures. Public media systems manifested theories about the function of media in a democracy, the sources of cultural authority and innovation, the limitations of the market, and the values of social cohesion and inclusion.
In the early twenty-first century, the underlying theories and justifications for public service media are now in flux. Those who defend continued public funding of legacy and new non-commercial media services, and work to reform their operations, have struggled to untangle the contingencies of twentieth-century organizational structures from the enduring values that spawned their creation. In other words, policymakers and commentators have recognized that legacy public broadcasting systems must be updated for a post-broadcasting world, or wither away. But the values and purposes of a new, multi-platform, multi-actor public media system are not yet clearly articulated.
This chapter argues that the American system of public service media -- long the poor cousin of the world's better-funded systems -- in fact may model new forms of service for the digital age. This evolving model includes diverse funding sources, distributed ownership and citizen engagement. And it is grounded in narratives of community service, innovation and democratic participation, as well as in those of market failure and canonical excellence. The chapter traces these distinct and sometimes conflicting narratives through the history of American public service media, with comparisons to the UK and European contexts. It concludes that a strong version of the innovation narrative is best suited to shape the future functions and structures for public service media in 21st century, media-rich democracies.
Download the essay from SSRN at the link.