Jun
09
2009
For years, the adult entertainment industry has been required to maintain records verifying the age of all performers. However earlier this year, new regulations implementing § 2257 and § 2257(A) of the Child Protection and Obscenity Enforcement Act went into effect which impose similar record keeping requirements on many mainstream media companies. However, the regulations contain a “safe harbor” to help minimize the effect of the regulations by enabling mainstream media companies to file a certification with the Attorney General’s Office. The deadline for this important certification is June 16th, 2009. Continue Reading »
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Nov
06
2008
Royalty Rate Analysis
After months of hearings, testimony and deliberations, on October 2, 2008, the United States Copyright Royalty Board (CRB) announced newly established rates for royalties to be paid to writers and composers (as opposed to performers) whose musical compositions are made and distributed as sound recordings (i.e., phonorecords), including via (1) physical recordings (e.g., CDs, tapes, vinyl, etc.), (2) permanent digital downloads, (3) ringtones, (4) limited/tethered digital downloads and (5) interactive streaming. Continue Reading »
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Oct
21
2008
We recently had an opportunity to explore and write about the current trends and challenges in Latin America’s expanding digital marketplace. The article below appeared in Volume 7, Issue 8 of LATINLAWYER magazine, www.LATINLAWYER.com.
Winning the Digital Race
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Apr
13
2008
Text Message Contest Not Gambling under Georgia Law
On April 21, 2008, the Georgia Supreme Court rejected an argument that a promotional contest sponsored by NBC in connection with its hit show, “Deal or No Deal” violated Georgia’s anti-gambling laws. Because of the proliferation of text message-based promotional contests, this decision will likely have wide-reaching impact on the digital entertainment space.
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Feb
27
2008
Impact of the Writers Guild Settlement On Digital Content Distribution
February 2008
E-Alert: Impact of the Writer’s Guild 
In the coming days, the 10,500 striking members of The Writers Guild of America are expected to ratify a new, three-year agreement, which secures the writers a share of the digital media market by way of compensation for television programming and films delivered via the Internet and new media distribution platforms, including those delivered on an ad-supported basis. The proposed deal recognizes that the Internet is a primary means for content creation and delivery and firmly establishes the union’s jurisdiction over programming created for and distributed via new media outlets.
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