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On Sept. 18, 2019, Assembly Bill Number 5 (AB5) became law in California, paving the way for dramatic changes in California’s gig economy. AB5 was designed to provide labor protections for “misclassified independent contractors,” including the application of minimum wage laws, overtime, sick leave requirements, and unemployment and worker’s compensation. Once put into practice, however, AB5’s negative impacts on industries that rely substantially on an independent contractor workforce quickly became illuminated. After over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians’ unique niche in the California economy.
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Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World
By Gwendolyn Seale
Part One of a Two Part Article
While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing “quarantine streams,” in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.
A Look at the EU’s Latest Proposal for Regulating Online Content
By Linda A. Thompson
The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.
Fair Use Applied to Embedded Photograph
By Stephen M. Kramarsky
The extremely flexible character of social media has required equal flexibility in courts’ intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.
How U.S. Court Ruled Whether France’s Right of Publicity Law Is Descendible
By Stan Soocher
Battles over celebrities’ estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.
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