Archives: Legislation

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Florida Supreme Court Denies Copyright Protection for Sound Recordings Predating Coverage Under the Federal Copyright Act

In a major victory for media and broadcast entities, the Supreme Court of Florida recently established that Florida law does not recognize exclusive copyright protections for sound recordings that were “fixed” before February 15, 1972. Sound recordings fixed after this date are governed by federal copyright law. This decision arose out of a copyright infringement … Continue Reading

FTC Issues New but Narrow COPPA Guidance on Voice Recordings

Last week, the Federal Trade Commission (“FTC”) released a policy enforcement statement to provide additional guidance under the Children’s Online Privacy Protection Act (“COPPA”) for organizations that use audio voice recordings of children. This additional guidance builds on the FTC’s 2013 updates to COPPA that brought additional data types, such as photographs, videos and audio … Continue Reading

SCOTUS Grants Review of Federal Ban on Sports Gambling

In one of its final acts of the October 2016 term, the Supreme Court of the United States recently agreed to hear a New Jersey challenge to the constitutionality of the Professional and Amateur Sports Protection Act (“PAPSA”), a federal statute banning states from authorizing and regulating gambling on sporting events.[1] As we reported earlier … Continue Reading

Texas Passes New Driverless Car Law: Drivers Not Required in Texas

Last month, Governor Greg Abbott signed a bill into law that expressly allows motor vehicles with “automated driving systems” to operate on Texas highways. While Texas had previously been silent on the issue of driverless cars, Texas Senate Bill 2205 authorizes these vehicles to operate on the roadways, provided that the operators (who may or … Continue Reading

You’re invited to an ANA and Reed Smith Webinar: “GDPR, ePrivacy and Advertisers: Sorting out the Confusion”

As we’re now less than a year away from the GDPR taking effect, there is a lot of confusion out there over myths versus reality. Reed Smith presenters will participate in a webinar hosted by the Association of National Advertisers (ANA) that will explore the practical considerations and the new thinking that brands and their … Continue Reading

Vermont Legislature Passes Fantasy Sports Bill

In a move to become the latest state to regulate daily fantasy sports (“DFS”), the Vermont Legislature has passed a bill defining fantasy sports games and directing the state attorney general and governor’s office to develop a registration fee and tax system for fantasy sports operators and players in the state. Additionally, the bill bars … Continue Reading

Digital media are now caught by French regulation and in particular by stringent transparency requirements

By virtue of the French “Sapin” law of January 29, 1993, France has become one of the most transparency-regulated media markets in the world, and remains so today. With the new Decree No 2017-159 of February 9, 2017, the protection of advertisers is further strengthened by extending the transparency requirements of the Sapin law to … Continue Reading

Avoid the Perfect Storm

Washington has been hit with a political Tsunami unlike anything we’ve seen in our lifetimes.  But you know that.  What you may not know is how this tidal wave is going to change your day-to-day operations in advising marketers and their supply chain.  You may not know what to expect and how to respond.  Need … Continue Reading

FTC Will Consider Spying Toy Privacy Concerns

Last month, the Federal Trade Commission (“FTC”), in response to a complaint filed by Electronic Privacy Information Center (“EPIC”) and other consumer groups, made the decision to review the potential privacy and security concerns associated with electronic, internet-capable children’s toys, namely My Friend Kayla and i-Que Robot, designed by Genesis Toys and Nuance Communications. EPIC … Continue Reading

Three States Introduce Bills to Legalize Sports Betting While SCOTUS Decides Whether to Hear Suit Challenging Existing Federal Ban

As the Supreme Court weighs whether to hear a New Jersey challenge to the Professional and Amateur Sports Protection Act (“PAPSA”) – a 1992 federal law that banned sports wagering in all states where it was not already in existence – legislators in New York, Michigan, and South Carolina have introduced legislation seeking to legalize … Continue Reading

States Act to Regulate Fantasy Sports

In attempts to lessen the uncertainty that still surrounds the legality of fantasy sports, Maryland and Florida introduced measures to clarify the rules of the road for the likes of DraftKings Inc. and FanDuel Inc. Maryland’s regulations, adopted by the state Office of the Comptroller, went into effect January 2, while Florida’s House of Representatives … Continue Reading

New Jersey Prohibits Company from Contractually Banning Online Customer Reviews

This week, NJ Attorney General Christopher Porrino and the Division of Consumer Affairs settled with Fertility Bridges, Inc., a fertility clinic operating in California and Illinois, over the clinic’s practice of contractually barring consumers from posting online reviews of their experiences with the clinic and its personnel. The provisions, set forth in the Terms of … Continue Reading

Congress Introduces First Post-Obama Copyright Review Policy Proposal

Last week, members of the U.S. House of Representatives Judiciary Committee introduced their first of many upcoming policy proposals aimed at modernizing U.S. copyright law, and, specifically, the U.S. Copyright Office. This proposal sets out specific changes for the Copyright Office, including creating an advisory committee, introducing an information technology modernization plan, increasing the Office’s … Continue Reading

Copyright Office Starts New Process for DMCA Safe Harbor Registration Today

Last month, the Copyright Office issued a final rule governing the designation of agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). To help streamline the process, the Copyright office created a new, electronic filing system so that brands and advertisers can efficiently submit and update their designated agent.  The online … Continue Reading

House of Representatives Passes Consumer Review Fairness Act and Better Online Ticket Sales Acts

The House of Representatives passed two bills last week relevant to the advertising industry: the Consumer Review Fairness Act and the Better On-line Ticket Sales Act (“BOTS Act”). The Consumer Review Fairness Act is aimed at protecting consumers who write online reviews on certain websites, by invalidating “form contracts” which would impede those reviews from … Continue Reading

FTC, CFPB, and States Collaborate to Clamp Down on Illegal Debt Collection

On November 4, the Federal Trade Commission announced an unprecedented coordinated federal-state enforcement effort targeting deceptive and abusive debt collection. This sweeping initiative, termed “Operation Collection Protection,” coordinates federal, state, and local actions under the FTC, the CFPB, 47 state attorneys general, and other enforcement officers and agencies. As the top source of complaints to … Continue Reading

European Commission’s “digital single market” strategy attempts to break down online barriers in the EU

In the European Union (EU), online barriers prohibit EU citizens from receiving goods and services that are commonplace to U.S. citizens.  When I travel to Miami, for instance, I am able to use my Netflix streaming subscription to catch up on my favorite shows.  The same cannot be said for a citizen from the UK … Continue Reading

New Paperwork Required for NY Employers Engaging Child Performers

In an October blog post, we reported on the New York labor law amendments enacted specifically to protect runway and print models under the age of 18, providing them with the same protections that other young performers had received. Furthering the requirements of the amended laws, the New York Department of Labor recently released updated forms that employers must use when engaging child performers, including models.… Continue Reading

Massachusetts Enhances Protections for Celebrities (and Others) After Death

On June 13, 2014, the Massachusetts Senate passed S. 2022, beginning the process of joining 13 other states that prohibit companies from using celebrities' identities after they die. The bill amends Section 3A of Chapter 214 of Massachusetts General Laws, and creates a post-mortem "Right of Publicity" interest. The bill prohibits commercial use of the name, image, and likeness of a "personality" for 70 years after his or her death without written permission from either the personality or "persons who collectively own more than 50 per cent of the aspect of the personality's right of publicity that was commercially used . . . ." "Personality" is defined as "an individual whose identity has commercial value." To garner the bill's protection, however, the personality must be domiciled in Massachusetts as of the date of his or her death.… Continue Reading

Oklahoma Joins the Rapidly Growing Number of States with Social Media Password Laws

On May 21, 2014, Oklahoma enacted H.B. 2372, following the trend outlined in our earlier article on the growing number of states prohibiting employers from requesting employee or applicant social media account passwords. H.B. 2372 prohibits employers from requesting or requiring the user name and password of employees' or applicants' personal social media accounts or demanding employees or applicants to access the accounts in front of the employer. The law also prohibits employers from firing, disciplining, or denying employment to employees or applicants who refuse to provide the requested information.… Continue Reading

Straight from Singapore: Special Edition on the IANA Transition

House Republicans have introduced a bill to block the IANA transition. These are the same Republicans behind the quickly-called hearings set for April 2. "America shouldn't surrender its leadership on the world stage to a 'multistakeholder model' that's controlled by foreign governments," said Rep. Marsha Blackburn (R-Tenn.). This seems to ignore a number of the points set out in the NTIA announcement, which specifically says that any government-led or intergovernmental-led solution will be rejected. On top of that, an implementation of the multistakeholder model to assume the IANA oversight functions hasn't been proposed yet. The process of developing that implementation hasn't even been proposed yet. Yet somehow, these lawmakers believe they need to pull out jingoistic rhetoric to support wild-eyed claims that the Internet could turn into "another Russian land-grab."… Continue Reading

New NY Labor Laws in the Spotlight at Fashion Week

Mark S. Goldstein was recently interviewed for an article by Law360 regarding new Labor Law protections for child models. As we previously mentioned, on October 21, 2013, New York Governor Andrew Cuomo signed into law amendments to New York's labor laws to specifically cover child models. The legislation protects runway and print models who are under the age of 18 in accordance with the same state labor laws that already protect other young entertainers. Mark told Law360 that, among other things, he hopes that the Department of Labor works with fashion industry insiders to maximize effective implementation and enforcement of the new law.… Continue Reading
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