Broadcast Law Blog

JUNE 8, 2010

According to a letter from the Copyright Office that has recently been made public, the economic troubles of broadcasters, which have been used to argue against the imposition of a performance royalty for the use of sound recordings by radio stations , are cyclical and are largely over. Thus, argues the letter, the improvement in the fortunes of radio stations merits a reexamination of whether the Performance Rights Act imposing such a royalty should be adopted.

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The Paralegal Resource

JUNE 25, 2010

In Berry & Murphy, P.C. v. Carolina Casualty Insurance Company, 586 F.3d 803 (10th Cir. 2009), a recent malpractice insurance coverage decision, the Tenth Circuit held that there was no coverage under a lawyers’ professional liability policy where a claim against a former shareholder was made prior to the policy period.

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Broadcast Law Blog

JUNE 17, 2010

Stations that are licensed as " noncommercial educational" stations are prohibited by the FCC from running commercials - seemingly a pretty straightforward prohibition. Yet drawing the line between a prohibited commercial and a permissible sponsorship acknowledgment is sometimes difficult in these days of " enhanced underwriting. " In a recent case , the FCC fined a noncommercial radio station $12,500 for repeatedly airing 4 announcements from sponsors that the Commission fou

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Broadcast Law Blog

JUNE 9, 2010

The FCC has wasted no time on the television reallocation proposal outlined in its National Broadband Plan, scheduling the first of four working sessions on the issue for two weeks from now. The first session will be held at the FCC on Friday, June 25, 2010 from 3:00 to 6:00 PM. These working sessions are intended to address the technical challenges of the reallocation proposal.

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Technology 61

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Broadcast Law Blog

JUNE 21, 2010

In a recent speech before the Community Radio Conference , FCC Commissioner Mignon Clyburn suggested that the proposal to reallocate Channels 5 and 6 for FM radio use had merit and should be considered further. That proposal is already before the FCC, and ripe for decision - so it could theoretically be adopted tomorrow. However, the proposal is not backed by all.

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Broadcast Law Blog

JUNE 10, 2010

In the last few weeks, I've been asked several times by broadcasters whether an ad should be considered an " issue ad." Usually, the ad in question deals with some sort of faintly controversial issue, and the broadcaster seems torn about how to classify the ad. In many ways, the answer is almost irrelevant as, other than some public file obligations, whether or not an ad is an issue ad has little practical significance.

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Broadcast Law Blog

JUNE 23, 2010

The long-delayed revised Biennial ownership reports (about which we last wrote here ) for commercial broadcast stations, on the new Form 323 , are due on July 8 , and the FCC is in the process of clarifying what it needs. The Commission just released a Public Notice reminding broadcasters that the report is supposed to be detailing station ownership as of November 1, 2009 (when the reports were originally supposed to be filed).

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Broadcast Law Blog

JUNE 2, 2010

On May 27, 2010, David Oxenford spoke to the Vermont Association of Broadcasters annual meeting in Montpelier, updating the broadcasters on Washington events of importance, and discussing the FCC's political broadcasting rules. A copy of Dave's PowerPoint on issues of importance to broadcasters will be posted here soon. Broadcasters may want to refer to Davis Wright Tremaine's Political Broadcasting Guide for a discussion of the political broadcasting issues that may arise in this election seaso

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Broadcast Law Blog

JUNE 17, 2010

The FCC’s Notice of Inquiry (NOI) on Multiple Ownership has been published in the Federal Register, setting July 12, 2010 as the deadline for comments , with July 26 as the deadline for reply filings. We previously outlined many of the questions asked in the wide-ranging Notice of Inquiry. The questions deal with the entire spectrum of media ownership issues, from asking questions about how the new media landscape changes the considerations given to media ownership restrictions, to inquiri

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Drafting 50

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Broadcast Law Blog

JUNE 28, 2010

As we anticipated, the FCC has suspended indefinitely the opportunity to apply for new, digital low power television (LPTV) stations in non-rural areas, which had been slated to begin on July 26, 2010. Given the FCC's new focus on repacking and reallocating the television spectrum for use by broadband competitors, the Commission's postponement of the filing opportunity is not unexpected.

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Broadcast Law Blog

JUNE 28, 2010

As we anticipated, the FCC has suspended indefinitely the opportunity to apply for new, digital low power television (LPTV) stations in non-rural areas, which had been slated to begin on July 26, 2010. Given the FCC's new focus on repacking and reallocating the television spectrum for use by broadband competitors, the Commission's postponement of the filing opportunity is not unexpected.

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Broadcast Law Blog

JUNE 23, 2010

The long-delayed revised Biennial ownership reports (about which we last wrote here ) for commercial broadcast stations, on the new Form 323 , are due on July 8 , and the FCC is in the process of clarifying what it needs. The Commission just released a Public Notice reminding broadcasters that the report is supposed to be detailing station ownership as of November 1, 2009 (when the reports were originally supposed to be filed).

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Broadcast Law Blog

JUNE 18, 2010

Davis Wright Tremaine attorneys David Oxenford and Rob Driscoll conducted a seminar - Using Music in Digital Media: Business and Legal Issues - on June 16, 2010 in New York City. The seminar was presented to attorneys from committees of the New York State and New York City bar associations. In the seminar, Dave and Rob discussed the music licensing issues that can arise when music is used in digital media - touching on everything from royalties for the streaming of music by Internet radio statio

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The Paralegal Resource

JUNE 25, 2010

The United States Supreme Court has stepped into the fray in a closely watched case involving the collection of personal information by the National Aeronautics and Space Administration (NASA) from “low risk” contract employees at the California Institute of Technology’s (Caltech) Jet Propulsion Laboratory (JPL). Robert M. Nelson, et al., v.

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The Paralegal Resource

JUNE 25, 2010

As is known among many in the intellectual property field, Judge Randall R. Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically takes a break from his appellate duties to preside over trials of patent cases at the district court level. In one such case, he recently issued a decision reminding lawyers, litigants, and expert witnesses that plaintiffs must have a firm evidentiary foundation before submitting a broad damages theory to the jury.

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The Paralegal Resource

JUNE 25, 2010

Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy.1 Meanwhile, a review of recent judicial decisions on requests for discovery sanctions reflects a growing impatience by courts for a lack of such a readiness strat

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The Paralegal Resource

JUNE 21, 2010

April 27, 2010, with Justice Samuel Alito writing for the 5-3 majority (Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed class-action arbitration when the parties' agreement was silent regarding the aggregation of multiple parties' claims. According to the Court, the arbitration panel's imposition of class arbitration – despite the parties' stipulation that they had not reached an agreement on this issue – is "fundamentally at war" with the Federal Arbitra

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The Paralegal Resource

JUNE 21, 2010

Many major national title insurance companies have just announced they will no longer provide "creditors' rights" coverage in connection with new policies of title insurance. Therefore, commercial real estate lenders and purchasers will now bear certain insolvency risks that were often covered by title insurance endorsements in the past.

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The Paralegal Resource

JUNE 21, 2010

In late 2009 a federal District Court sitting in Orlando, Fla., sent shockwaves through the in-house general counsel world. The case, Swofford v. Eslinger,1 is the first reported case to sanction in-house counsel for spoliation of electronic evidence.

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The Paralegal Resource

JUNE 21, 2010

If you own U.S. patents and mark your products as patented or patent pending, you could find yourself defending a federal lawsuit. A recent Federal Circuit Court of Appeals decision has opened the floodgates for qui tam plaintiffs to challenge the accuracy and validity of patent marking, requesting to split any statutory damages award with the government—assessed “per article.

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The Paralegal Resource

JUNE 11, 2010

On April 20, 2010, an explosion on the mobile drilling rig Deepwater Horizon occurred some 130 miles southeast of New Orleans, Louisiana. As of May 23, 2010, it is estimated that a minimum of 6 million gallons of crude oil have spilled into the Gulf of Mexico as a result of this incident. However, a growing number of scientists assert that they believe the count is even higher than that troublesome figure.

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The Paralegal Resource

JUNE 11, 2010

On May 24, 2010, the U.S. Supreme Court granted certiorari in Mobility LLC v. Concepcion, No. 09-893, to address the question of whether the Federal Arbitration Act (FAA) preempts state law rules limiting the enforceability of arbitration agreements.

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The Paralegal Resource

JUNE 11, 2010

The Supreme Court recently released its unanimous opinion in American Needle, Inc. v. National Football League, 560 U.S. (2010), 2010 WL 2025207 (American Needle), its latest foray in the area of competitor collaboration under the antitrust laws (and specifically Section 1 of the Sherman Act, 15 U.S.C. § 1).

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The Paralegal Resource

JUNE 11, 2010

This morning, with Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964.

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Broadcast Law Blog

JUNE 22, 2010

In an email blast that went out this morning, the musicFIRST Coalition , the group organized to pursue a performance royalty on radio broadcasters for the use of music in their over-the-air broadcasts , announced that they would be holding a rally and concert with a member of the 1960s rock band the Monkees, musically backed by three Congressmen. Mickey Dolenz of the Monkees will be backed by a band featuring two Democratic Congressmen and a Republican in a concert to be held in the Capitol Buil

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