Broadcast Law Blog

APRIL 25, 2011

What should SoundExchange do with money that it collects for the performance of sound recordings, when it does not know what sound recordings were played by a particular service? As we've written many times on this blog, SoundExchange collects royalties from digital music services , including satellite radio, cable radio and webcasters, for the performance of sound recordings (i.e. a recording of a song by a particular artist).

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The Paralegal Resource

APRIL 29, 2011

Although the paralegal profession is still relatively young, approximatelytwo thirds of all attorneys use the services of a paralegal. Various national associations have been formed for paralegals, which have published rules regarding professional ethics and responsibility. Two such organizations that have published rules include the National Association Of Legal Assistants (NALA) and the National Federation of Paralegal Associations (NFPA).

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ABC's of E-Discovery

APRIL 5, 2011

Monitoring Preservation of E-Evidence: Why It's Important - eDiscovery & Legal Tech - In House Jason Beahm at FindLaw for Legal Professionals wrote on September 21, 2010 " A hot area in the in house world right now: preservation of electronic evidence or "e-evidence." These days, more and more evidence exists only electronically. However, the fact that a piece of evidence is never printed on a piece of paper does not absolve in house counsel of the obligation to safeguard it.

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Broadcast Law Blog

APRIL 19, 2011

SoundExchange claims on its website that webcaster SWCast.net was shut down when SoundExchange complained to its ISP that the service was not paying royalties for the use of the music played by the site. SWCast was an aggregator of webcast channels created by other individuals, who paid the company - allegedly for the streaming and for the royalties that were due for that streaming.

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Broadcast Law Blog

APRIL 21, 2011

The FCC's indecency rules have, in recent months, twice been declared unconstitutional by the US Court of Appeals for the Second Circuit - essentially finding that the FCC's policies imposed unconstitutional restrictions on speech as they did not give broadcasters any way of determining what was permitted and what was prohibited. After seeking several extensions of time to determine whether to seek Supreme Court review of the Court of Appeals decisions, the FCC today released its Petition for Ce

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Broadcast Law Blog

APRIL 8, 2011

The FCC has just released its plans for an Orderly Shutdown in the event that there is no agreement for funding the government passed by Congress by midnight tonight. As set forth in that plan, FCC employees would arrive at work on Monday for purposes of securing their work premises. Except for a few essential employees, all others would be furloughed, and thus have to turn around and go home.

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Broadcast Law Blog

APRIL 4, 2011

The FCC has granted an extension of time to submit comments in its proceeding to re-institute video description rules for television programming. Comments are now due April 28th , and Reply Comments are due by May 27th. A copy of the FCC's recent Order extending the deadline is available here. As we wrote about earlier ( here ), this rule making proceeding seeks to reinstate the Commission's prior video description rules with certain modifications, as required by the Twenty-First Century Communi

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Broadcast Law Blog

APRIL 22, 2011

The FCC is taking a close look at the video programming marketplace and gathering data that will undoubtedly shape its rules and policies in the coming years. Its review comes in the form of a periodic assessment of the multichannel video programming industry required by the Communications Act. By its Further Notice of Inquiry issued Thursday, the FCC expanded the scope of its periodic review of the market for the delivery of video programming and renewed its previous call for data.

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Broadcast Law Blog

APRIL 14, 2011

The FCC has granted a one week extension for reply comments in the proceeding looking to take many of the preliminary steps toward incentive auctions by which the FCC would reclaim parts of television spectrum for use by wireless broadband companies. Comments are now due on April 25. We wrote about the many issues in this proceeding, here. Issues include the sharing of channels by independent television stations, whether stations that share spectrum are entitled to must carry rights under govern

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Broadcast Law Blog

APRIL 5, 2011

The FCC has released the comment dates for its draft rules setting out when Environmental Assessments are needed to formally evaluate the environmental impact of the construction and major alteration of communications towers. We wrote about these draft rules here , and described their history - growing out of concerns by conservation groups about the effects of communications towers on migratory birds.

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Broadcast Law Blog

APRIL 27, 2011

How do you determine who is control of a noncommercial broadcaster governed by a self-perpetuating Board of Directors? That question was addressed in a recent FCC decision , dismissing an application for a new noncommercial FM station that had not properly disclosed its owners on its FCC Form 340 application. In that case, the applicant had reported to the FCC that it was controlled by one individual, the head of a Monastery.

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Broadcast Law Blog

APRIL 18, 2011

Last week, in a frenzy of cleaning up issues left from old license renewal applications, the FCC upheld several $9000 fines for public file violations - most in connection with the failure of licensees to have a complete set of Quarterly Programs Issues lists ("QPIs") in those files. The broadcasters who were fined came up with a variety of arguments as to why those fines should be reduced or eliminated - which were uniformly rejected by the Commission.

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The Paralegal Resource

APRIL 29, 2011

This paper will discuss the purposes of professionally produced video, the various video formats and their appropriate uses, an overview of the applicable law and considerations when retaining a videographer.

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The Paralegal Resource

APRIL 15, 2011

As a general rule, the basic elements required to be present for a valid will to exist, with caution taken, however, to incorporate them in accordance with state laws are as follows:

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The Paralegal Resource

APRIL 12, 2011

Together with a general knowledge of the law, you as a paralegal will need to have a better-than-average working knowledge of the courts and how they operate. You should know the location, jurisdiction, and venue of all the courts in the city, county, and federal district where the attorney or firm practices law. You should also have some knowledge of both the state and federal appellate courts to which cases arising out of and tried in your area may be appealed.

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The Paralegal Resource

APRIL 12, 2011

Legal research is one of the aspects of law that a paralegal absolutely needs to be incredibly proficient in. It is also one of those things that takes time and practice to fully master. It also helps to enjoy performing legal research. It is very important to be able to find the law more than it is to know the law. Proficiency in legal research is the foundation for a successful career as a paralegal.

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The Paralegal Resource

APRIL 12, 2011

The goal of legal writing for paralegals is to communicate. The style of the communication may be informative or it may be persuasive. No matter what style or form legal writing takes, its mechanics must be correct. Failure to use good grammar results in cloudy and incomprehensible writing. Incorrect spelling casts doubt on your skill and credibility.

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The Paralegal Resource

APRIL 12, 2011

A Hardship letter is a single which presents a written detail on the situation with the individual in concern as to what sort of hardship is a single facing owing to different aspects like immigration, financial debt, education, health related issues, safety problems etc. The letter describes the hardships faced by the individual and how he/she isn't in a position to cope up and requirements the officials to realize the case and act favorably for the situation.

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ABC's of E-Discovery

APRIL 4, 2011

School of e-Discovery: Online Course Aims to Help Lawyers Bone Up - Magazine - ABA Journal

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Broadcast Law Blog

APRIL 19, 2011

The sale of a noncommercial radio station is often controversial, especially when it's clear that the format of the station will change after the transfer. In a decision released last week denying a Petition to Deny challenging the application for the sale of KTRU, the noncommercial radio station owned by Rice University, the FCC again made clear that they are not in the business of regulating the formats of broadcast stations.

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Broadcast Law Blog

APRIL 7, 2011

With the President declaring his candidacy for reelection in 2012, broadcasters thoughts may be turning to that election and the expected flood of money that may come into the political process. But visions of next year's elections should not be distracting broadcasters from their current political broadcasting obligations. I've received many calls this year about whether broadcasters need to provide lowest unit rates to candidates in the races that are going on in 2011 - including many municipa

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Broadcast Law Blog

APRIL 17, 2011

This past week's political news seemed to be all about Donald Trump and his possible run for the Presidency - and his plans to announce his intent to run on the season finale of The Apprentice. When, a week ago, we wrote about the President declaring his candidacy , there was little interest in our post, and there seemed to be little news attention in general to that announcement.

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