2011

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Final Webcasting Royalty Rates Published - A Comparison of How Much Various Services Pay

Broadcast Law Blog

Last week, the Copyright Office published in the Federal Register the final decision of the Copyright Royalty Board on the statutory rates for Internet radio royalties - royalties paid by webcasters for the noninteractive streaming of sound recordings. As we have made clear before , these are royalties that are paid in addition to the royalties paid to ASCAP, BMI and SESAC for the public performance of the musical compositions (see our memo on Using Music in Digital Media , here , that explains

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Law Practice Optimization and what it means to the modern law firm

The Paralegal Resource

Law practice optimization (LPO) is the process of improving the services provided by the Legal Industry to their clients. In today's modern world, always being connected to your office and your clients is no longer just a luxury it is an absolute requirement. As we all know, the internet has opened the doors for the Legal Industry and allowed Law Firms to market and advertise themselves to the World Wide Web, through business advertising campaigns, which reach tens of thousands and perhaps milli

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Legal software for paralegals

LexBlog

You work hard at the law firm all day. You generate letters, file paperwork, set up automatic mailings, keep track of checks, and manage your particular lawyer’s schedule so that he or she can concentrate on what they do, and they never miss a beat. There is no successful lawyer on the planet who became successful without a great legal assistant or paralegal like yourself.

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Obtaining Disclosure of ESI From Non-Parties

ABC's of E-Discovery

What are disclosures? Texas Rule 194 - Request for Disclosure - 194.1 states a party may obtain disclosure from another party of the information or material listed in Rule 194.2 by serving the other party - no later than 30 days before the end of any applicable discovery period - the following request: "Pursuant to Rule 194, you are requested to disclose, within 30 days of service of this request, the information or material described in Rule [state rule, e.g., 194.2, or 194.2(a), (c), and (f),

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Research: The Anatomy of a Legal Brief

Why does it take 20-40 hrs. to create a compliant legal brief? TypeLaw analyzed 10,000+ briefs to determine the anatomy of the average brief—how many words, paragraphs, citations to the record, and more. See the research results in this infographic.

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Rule Against Broadcast of Telephone Conversation Without Prior Permission is Constitutional, Says FCC

Broadcast Law Blog

The FCC today upheld a $4000 fine issued to a broadcaster for broadcasting a telephone conversation without first getting the permission of the people on the other end of the line, denying reconsideration that the broadcaster had sought - arguing that the fine violated its First Amendment rights. The telephone conversation that led to the fine was between a station employee and two airport officials, about a controversy concerning the local airport.

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ASCAP Cuts a Deal With the Radio Industry on New Royalties - No Details as Yet

Broadcast Law Blog

New ASCAP royalties are on their way to radio broadcasters. ASCAP and the Radio Music Licensing Committee (RMLC ) have just announced that they have reached an agreement in principal to return to the percentage of revenue royalties that for so long were paid by radio stations to ASCAP and BMI – a system that was abandoned for a market-based flat-fee system designed to avoid having the licensing organizations as partners that shared in what stations believed would be forever rising radio re

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Advertising Medical Marijuana on Broadcast Stations - Is It Legal, What Will the FCC Think?

Broadcast Law Blog

As medical marijuana has become legalized or decriminalized in many states, broadcasters have looked at advertising for the services of clinics and dispensaries as a potential new revenue source. As some community newspapers and other local media have begun to advertise dispensaries in states where medical marijuana is legal, we’ve been asked many times whether broadcasters can start to run such ads as well.

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SoundExchange Claims Credit for Shutting Down Webcaster Who Was Not Paying Royalties

Broadcast Law Blog

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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FCC Makes Clear It Doesn't Regulate Formats - Rejects Petition Against Sale of Noncommercial Station

Broadcast Law Blog

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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Fresh Out of School: How to Become an Expert Paralegal

Speaker: Joe Stephens, J.D., Attorney and Law Professor

The difference between a paralegal and an exceptional paralegal isn't just competence—it's the bold initiative to anticipate needs, master hidden firm dynamics, and transform challenges into opportunities that showcase your indispensable value. Join this webinar with attorney Joe Stephens to get an insider's perspective into how you can become a strategic asset to your practice!

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Another Royalty Payment for Webcasters? EMI Withdraws From ASCAP For New Media Licensing

Broadcast Law Blog

Just as webcasters thought that they had their royalty obligations figured out, there comes news that the already complicated world of digital media royalties may well become more complicated. Last week, EMI, which in addition to being a record label is a significant music publishing company, has reportedly decided to withdraw portions of its publishing catalog from ASCAP - which had been licensing the public performance of these songs.

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"Super Bowl" is a Registered Mark--Don't Use in Commercials or Promotions Without Permission

Broadcast Law Blog

As we have advised before in both 2009 and 2010 , " Super Bowl " is a registered trademark belonging to the NFL, and they will aggressively enforce their trademark rights against any station that attempts to use this term in connection with advertising or promotional matter of any kind, including ticket giveaways, if not specifically authorized by the NFL.

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The Bumpy Road of Using FM Translators to Rebroadcast AM Stations or HD-2 Channels

Broadcast Law Blog

In recent years, FM translators have become more and more important to broadcasters, as they are being used to rebroadcast AM stations and HD-2 channels , giving the programming broadcast on these over-the-air signals new outlets in many markets. However, there have been some bumps in the road to the introduction of these new outlets. These bumps have arisen both from attempts to move these translators significant distances without observing all the obligations of FCC rules and policies, and in

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FCC Fines TV Station $10,000 for Requring Appointment to View Public Inspection File

Broadcast Law Blog

The FCC released a Notice of Apparent Liability for Forfeiture today, proposing a $10,000 fine against a public TV station in Los Angeles for requiring an appointment to view the station's public inspection file. This case shows how seriously the FCC takes the requirement of open and unfettered access to a broadcast station's public file. An FCC agent visited the station's main studio twice without identifying himself as an FCC employee.

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What Your Financial Statements Are Telling You—And How to Listen!

Speaker: David Worrell, CFO, Author & Speaker

Your financial statements hold powerful insights—but are you truly paying attention? Many finance professionals focus on the income statement while overlooking key signals hidden in the balance sheet and cash flow statement. Understanding these numbers can unlock smarter decision-making, uncover risks, and drive long-term success. Join David Worrell, accomplished CFO, finance expert, and author, for an engaging, nontraditional take on reading financial statements.

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FCC Declares Anderson Cooper's Daytime Talk Show to Be Exempt From Equal Opportunities - What's The Impact on Your Local Talk Programs?

Broadcast Law Blog

The FCC issued a declaratory ruling this week finding that Anderson Cooper’s new talk show appeared to be a bona fide news interview program exempt from equal opportunities under the FCC’s political broadcasting rules interpreting the mandate of Section 315 of the Communications Act. This ruling is another in a series of rulings by the FCC making clear that virtually any interview-type program on which a candidate appears, that is not administered in a partisan fashion and which is r

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Future of Media Report to Be Discussed at Thursday's FCC Meeting? - Watch for Impact on Multiple Ownership and Localism Proceedings

Broadcast Law Blog

Is the release of the long-awaited Future of Media Report at hand? Since January 2010 , the FCC has been studying the Future of Media, a study conducted by a Special Advisor to the FCC Chairman who was appointed in November 2009. The study was to provide important research and analysis of how broadcasting and other media are serving the needs of local communities, particularly in light of changes in the media landscape brought about by new technologies.

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Comments on Television Retransmission Consent Rules due to FCC by May 27

Broadcast Law Blog

The Commission's recent Notice of Proposed Rule Making exploring possible changes to the television retransmission consent rules has now been published in the Federal Register setting the date for Comments as May 27th, with Reply Comments due by June 27. As we wrote about recently ( here ), the FCC has commenced a rule making to consider revising its rules governing the interaction and negotiations between cable operators and broadcasters regarding carriage of local broadcast television stations

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FCC Repeals the Fairness Doctrine - Who Cares?

Broadcast Law Blog

Yesterday, FCC Chairman Genachowski issued a press release stating that the FCC was abolishing the Fairness Doctrine as part of its clearing of its book of 83 obsolete media rules. What should the reaction of broadcasters be now that the Fairness Doctrine has been officially abolished? Probably, a collective yawn. In 1987 - almost 25 years ago - the FCC felt that it could not enforce the doctrine as it was an unconstitutional restriction on the freedom of speech of broadcasters.

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6 Contract Data Analytics Tools To Boost Contract Oversight

Analyzing contract trends with manual contract management is like sifting through a pile of papers in a dimly lit room, trying to find clues manually. Advanced CLM software’s contract data analytics, on the other hand, is like having an AI-based, intelligent magnifying glass that not only highlights key clues but also connects the dots for you. With innovative, AI-powered contract data analytics, you can solve the mystery of trends faster and with greater accuracy, making informed decisions base

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Protect Your Call Signs and Other Marks in the.xxx Domain

Broadcast Law Blog

ICANN (the Internet Corporation for Assigned Names and Numbers) has approved the use of.xxx as a domain (like.com) for the adult entertainment industry. In September, broadcasters and others with registered marks will have an opportunity to reserve their marks defensively in the.xxx domain. While adult-oriented website operators may be interested in reserving spots in the.xxx top level domain (TLD), broadcasters may be just as eager to prevent their call signs and other marks from being used in

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Accessibility Advisory Committee Releases Report to FCC on Closed Captioning of Internet Video

Broadcast Law Blog

As our colleague Brian Hurh wrote today on our sister blog, www.broadbandlawadvisor.com , the Video Programming Accessibility Advisory Committee has released its Report to the FCC on the closed captioning of IP-video programming as required by the 21st Century Communications and Video Accessibility Act passed last October. A copy of the report released today is available here.

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When Can Underwriting Announcements Be Run on Noncommercial Radio and TV Stations?

Broadcast Law Blog

The question has recently arisen as to when underwriting announcements can be aired on noncommercial radio and TV stations. The New York Times recently quoted me on the subject in an article discussing the plans of PBS to experiment with putting underwriting announcements in programming, rather than merely in the breaks between the end of one program and the beginning of the next.

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Comments on Revised Video Description Rules for Television Programming due to FCC by April 18

Broadcast Law Blog

The FCC's recent item proposing the adoption of video description rules was published in the Federal Register today setting the deadline for Comments in the proceeding as April 18th, with Reply Comments due by May 17th. As we wrote about recently ( here ), the FCC has initiated a rule making proceeding to reinstate its prior video description rules with certain modifications, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (Act).

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The Tech-Savvy Paralegals Playbook: How To Leverage AI

Speaker: Allison Mears, Adela Wekselblatt, and George Socha

Artificial intelligence is reshaping the legal industry, and paralegals are at the forefront of this transformation. As AI becomes more integrated into legal workflows, paralegals can streamline their daily tasks, enhance efficiency, and add greater value to their firms and organizations. But what exactly does AI mean for paralegals today—and how can you leverage it to your advantage?

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Is it Madness to Say "March Madness" On the Air? - The Trademark Issue

Broadcast Law Blog

Like " Super Bowl ," "Olympics" and "NASCAR," "March Madness" is also a term that is protected by trademark law, and its unauthorized use in commercials could result in legal liability. But the development of March Madness is a bit more interesting, and you can probably thank Brent Musburger for that. The Illinois High School Association (IHSA) has been using the term "March Madness" to describe its state high school basketball tournament since t

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FCC Initiates Rule Making to Reinstate Video Description Regulations for Television Programming

Broadcast Law Blog

Yesterday, the FCC initiated a rule making proceeding to reinstate its prior video description rules with certain modifications, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (Act). The proposed rules would require large market broadcast affiliates of the top four national networks and most cable operators and DBS providers to provide programming with audio narrated descriptions of a television program’s key visual elements beginning as soon as

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The Battle Over TV Channel 6 and LPTVs Used for FM Radio Broadcasts

Broadcast Law Blog

A controversy has bubbled up in connection with the FCC proceeding to set the date by which Low Power Television stations will be required to convert to digital operations. While the analog operations of full-power TV stations were mandatorily terminated in 2009, Low Power television stations and TV translators have not yet faced any end date for their analog operations - though the FCC recently suggested that the final date for analog broadcasting by these stations be set - perhaps as soon as n

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Is Your Station Running the NAB Future of Television Spots? Are You Identifying Them As Issue Ads in Your Public File?

Broadcast Law Blog

Many broadcasters, both television and radio, have been running the NAB spots on the Future of Television. Those spots contain a description of the service available from local television stations and the new technologies that over-the-air television are in the process of deploying, and end with the suggestion that the Future of Broadcast Television lies in "technology not regulation from Washington DC.

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Excellence in Trial: A Strategic Guide for Modern Paralegals

Modern trial practice has evolved beyond basic organization. With technology reshaping courtrooms and attorneys expecting more than ever, paralegals need to elevate their capabilities while mastering the fundamentals of trial excellence. This comprehensive guide from Steno, built from author Joe Stephens' real-world experience as both a practicing attorney and law professor, provides a blueprint for delivering exceptional trial support in today's complex legal environment.