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Issues in Licensing Music for Podcasts

Steve Gordon

Even amateur podcasters know that there are legal concerns with podcasting music. As the law stands now, a podcaster must secure permission for every copyrighted sound-recording master. This would be extremely time-consuming and expensive ' even for NPR, let alone individual podcasters. On the other hand, acquiring the rights to use the songs embodied in podcasts may not be as big a problem because the statutory compulsory license applicable to the mechanical reproduction of musical compositions probably applies to podcasts. In addition, blanket public-performance licenses are already offered by ASCAP, BMI and SESAC.

Legislative Recommendations By The Canadian Task Force On Spam Legislation, Regulation And Enforcement

ALM Staff & Law Journal Newsletters

The following points are from the task force's report. Numbering was kept from the report for reference purposes. Canadian spellings were also retained.…

<i>WhenU</i> Helps Keyword Companies See Clearly

Douglas Wolf

The recent decision in <i>1-800 Contacts, Inc. v. WhenU.com</i> is an important case in the murky law relating to keywords. Many companies use keywords in some form to generate revenue, from search engines selling keywords to trigger banner ads or the pop-up business described in the <i>WhenU</i> decision. <br>The case is particularly important for companies such as Google not only because keyword sales represent a substantial portion of their revenue, but also because obtaining legal precedent supporting this kind of business has been inconsistent.

e-Commerce DOCKET SHEET

ALM Staff & Law Journal Newsletters

Recent cases in e-commerce law and in the e-commerce industry.

Trademark Law Shapes Internet Pop-up Ads

Jonathan Bick

Despite their negative public images and being the target of much private invective, Internet pop-up ads and unsolicited commercial e-mail (spam) have transfigured marketing ' and, like spam, Internet pop-ups can be lawful if they are not deceptive. <br>That said, trademark infringement may be the only successful cause of action against Internet pop-up advertisers and getting them to change their business methods.

Features

Law School To Launch Law Practice Technology Program

Thomas Adcock

A select group of New York Law School students will soon begin a unique, hands-on course in the practicalities of cyberlaw designed to make young lawyers extremely attractive to law-firm recruiters who hail primarily from the technophobic generation.

Canada Strikes At Spam

Michael Geist, Steven Salkin & Michael Lear-Olimpi

The Government of Canada's Task Force on Spam concluded that the current laws governing spam are not good enough. While Canada alone is not able to deal with the spam problem nationwide, it must at least deal with the spammers in its own backyard. The current legal framework contains some significant holes and the task force's recommendations call for a spam-specific law accompanied by a new separate body to work on policy and enforcement coordination.

Features

Collective Bargaining for Legal Fees?

Susan Beck

For almost a year, lawyers from eight of the largest corporations in the country have been meeting and exchanging information. The group, which first came together last fall, includes in-house attorneys from Cisco Systems Inc., E.I. du Pont de Nemours and Co., FMC Technologies Inc., General Motors Corp. and Microsoft Corp. Together they oversee a collective annual legal budget exceeding $1 billion.

Career Paths for Law Firm Accounting-Financial Professionals

Ronald L. Seigneur & Stephen M. (Pete) Peterson

In part one of this two-part series [see the June 2005 A&amp;FP edition], we discussed the pathways available for law firm administrative staff with finance and accounting competence to evolve into consulting roles within the legal services industry. Part two focuses on avenues available for individuals with strong skills in these functional areas to advance within their own or other firms.

Statistical Report Flaws: A Spotter's Guide

Joseph S. Danowsky

Statistical reports play an important role in management decisions, so it pays to hone your skills for spotting inaccuracies and distortions. Some flaws are so subtle that even professional statisticians debate their presence, but many errors are easy enough to detect if you just look for them.<br>This article describes some outright errors along with some suspect practices that often lead to error. After examining a few graph-drawing fiascos, the article examines ranking distortions and other problems that can result from either excess precision, ill-chosen scales, or a disconcerting quirk called Simpson's Paradox. Finally, the article discusses a common survey methodology error that leads not only to slanted results but also to the reporting of nonexistent trends.

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