NPR’s Bleeding New Media Music Edge

NPR’s “All Songs Considered” is a show representative of the station’s embracing all things new media. Through digital tools like podcasts and streaming video, and social media sites like Facebook and Twitter, the show has gained serious clout with both fans and musicians. While much of NPR’s older audience may stumble upon “All Songs Considered” [...]

Online Content – When is Content “Conduct”?

I wrote last week about the proliferation of the law of libel on the internet, but the same explosion of opportunities for litigation – and risks to would-be publishers – applies via the internet to all forms of speech.  Libel is still libel, but more cases are pushing arguments that speech is conduct that can [...]

Intern for Mirsky & Co!

Mirsky & Company is looking to hire an intern. Here’s the type of person we are looking for: The candidate must be interested in new media and social media and communications.  Our business is a small law firm, so an interest in law is nice, but the individual need not be a lawyer (nor even [...]

Apple App Store Rejects Content – There’s More!

I recently wrote about the dust-up following the awarding of a Pulitzer for political commentary to online cartoonist Mark Fiore, when it was revealed that Apple had rejected Fiore’s proposed iPhone App several months before Fiore’s Pulitzer fame.  As had been widely reported, Apple subsequently invited Fiore to re-apply, which Fiore promptly did and now, [...]

Online Libel – Reviews, Comments – Libel: It’s Real and It’s Spectacular!

Eric Felten brilliantly skewers the supposed credibility of the online “marketplace of ideas” when he recently wrote last week in the Wall Street Journal: Spend any time on the Internet and – like the naif in the ‘Casablanca’ gambling room dumbfounded when the wheel comes up 22-black twice in a row – one’s bound to [...]

Andy Speaking at Politics Online 2010!

I will be moderating 2 separate panels on Monday and Tuesday at the 2010 Politics Online conference spectacular here in Washington. The first will be Monday April 19th at 2pm, and called “Is this Barack Obama’s Real Facebook Page? Domains, Twitter Handles, Online Presence – real or fake? Intellectual Property, Cyber Identity, and More!”.  I will be joined [...]

Copyright: Work For Hire Doctrine

“Work Made For Hire”, 17 USC §101: An original, copyright-able work (meaning: a work that falls within the subject matter of copyright protection) qualifies as a “work made for hire” if the work either (1) is created by an employee within the scope of his or her employment or (2) qualifies as “work made for [...]

Social Media and 501(c)(3) – Putting Nonprofit Status at Risk?

A question came up about the new media activities of 501c3 organizations hosting social media platforms for the public (Thank you to Debbie Miller for her assistance with this research): Question: Can a 501c3 private foundation or public charity put its tax-exempt status at risk by hosting a social media platform?  Specifically, could the advocacy [...]