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Of Note...

Communications Forum

FCC Commissioner Michael O'Rielly addresses a Communications Forum luncheon at the St. Regis Hotel in Washington on June 19.

FCC Commissioner Michael O'Rielly addresses a Communications Forum luncheon at the St. Regis Hotel in Washington on June 19.  » Read More

2014 Free Speech Week Slated for Oct. 20 – 26

Free Speech Week (FSW) will be celebrated this fall from Monday, Oct. 20, through Sunday, Oct. 26, 2014, marking its tenth year as the nation’s premier celebration of freedom of speech. » Read More

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Issue Watch

NAA Says Crossownership Rules Must Go » Read More

FCC Releases XML Files of Net Neutrality Comments
» Read More

Supreme Court Rules Against Aereo » Read More

 
 

Media & Communications Policy Blog

The Udall Amendment: When Politics Mean
More Than the Constitution

by Patrick Maines

It came as no surprise when, in June, Tom Udall (D-N.M.) and 41 other U.S. senators, Democrats all, proposed a campaign finance amendment to the U.S. Constitution.  Ever since the Supreme Court’s Citizens United decision in 2010, Democrats and their surrogates in the media … have been on a mission to find some way around it. » Read More

Dropping George Will Is a Bad Way To Arrest
That Subscriber Decline, Post-Dispatch

by Patrick Maines

Even as such things are becoming commonplace, the sacking of George Will’s syndicated column by the St. Louis Post-Dispatch sets a new low in mainstream journalism’s race to the bottom. » Read More

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Intellectual Property Issues

Fair Use Middle Ground
by Prof. Doug Lichtman,
UCLA School of Law

My colleagues and I have written a great deal about copyright law’s “fair use” doctrine on this site over the years.  We have disagreed about cases, and we have struggled with various aspects of the standard fair use test.  » Read More

Authors Guild v. HathiTrust: Fair Use Comes to Digital Book Repositories
by Prof. Randal C. Picker,  
University of Chicago Law School

As the New York Times 2004 headline put it, “New Google Service May Strain Old Ties in Bookselling.” Strain indeed. Google announced its mass book digitization project, which it then called Google Print, at that year’s Frankfurt Book Fair.  
» Read More

Narrow Win for Claimant Despite Delay
by Prof. Rodney A. Smolla,  
Duke University School of Law

The Supreme Court in Petrella v. Metro-Goldwyn-Mayer, Inc. interpreted the ancient equitable doctrine of “laches” as applied to a copyright holder’s delay in enforcing remedies under the Copyright Act.  » Read More

Trademark Law and Consumer Centrality – Part I
by Prof. James Gibson,  
University of Richmond School of Law

The conventional wisdom provides two traditional justifications for trademark law.  The first is the “consumer protection” rationale.  If there were no trademark law, an unknown soft drink manufacturer could freely use Coca-Cola’s COKE trademark on its goods.  If it did so, consumers would be defrauded…. The second justification is the “producer incentive” rationale.  » Read More

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» More Comments & Papers

» Copyright Legislation

» First Amendment

» Journalism

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October 20-26, 2014

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