February, 2015

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Beware of Music in Your Podcasts – SoundExchange, ASCAP, BMI and SESAC Don’t Give You the Rights You Need

Broadcast Law Blog

'Last week, I listened in to presentation by RAIN News providing an excellent overview of the digital music industry (their Whitepaper setting out the findings reported during the presentation is available here ). One statement in that presentation suggested to me today’s topic – the use of music in podcasts. In the RAIN presentation, a statement was made that most major podcasts are spoken word, but no explanation of that fact was provided.

Laws 61
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Paralegal Profile: Jaye Koch, ACP

Paralegal Mentor

Jaye Koch, ACP, is a Senior Paralegal at the Virginia Beach Office of the Commonwealth’s Attorney where she enjoys doing any type of research (especially legal) and trial preparation. Jaye has a B.A. Political Science, from Virginia Wesleyan College 1982 and a Paralegal Certificate, from Tidewater Community College, 1986. She earned her NALA Certified Paralegal designation in 2004 and her ACP-Trial Practice (NALA), in 2009.

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Copyright Office Issues its Report on Music Licensing – Issues Include Broadcast Performance Royalties, Publisher Withdrawals from ASCAP and BMI, and Pre-1972 Sound Recordings

Broadcast Law Blog

'The Copyright Office this past week released its Report following its study of music licensing in the US ; a comprehensive report addressing a number of very controversial issues concerning music rights and royalties. Whether its release during the week of the Grammy Awards was a coincidence or not, the report itself, which takes positions on many issues, is sure to initiate lots of discussion and controversy of its own.

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FCC Extends Comment Dates in Proceeding Looking to Regulate Online Video Under MVPD Rules

Broadcast Law Blog

'The FCC yesterday released a public notice extending the comment dates in their proceeding to regulate Online (or “over-the-top”) Video, particularly Internet video providers who provide multiple channels of linear video programming (programming streamed at the same time to all viewers, as opposed to on-demand video like that provided by Netflix or Amazon), in the same way that they regulate MVPDs (multichannel video programming distributors like cable and satellite TV).

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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Comment Dates Set on FCC Proposal to Extend Online Public File Obligations to Radio, Cable, and Satellite

Broadcast Law Blog

'The FCC has finally had published in the Federal Register its Notice of Proposed Rulemaking proposing to extend the online public file obligations to radio, satellite radio, cable operators and satellite TV providers. This publication starts the countdown to the filing deadline for the comments in the proceeding. Comments are due by March 16 , and reply comments are to be filed by April 14.

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FCC Releases Tentative Amounts for Opening Offers to TV Stations to Surrender their Spectrum in the Incentive Auction – and the Numbers Are High

Broadcast Law Blog

'On Friday, the FCC released a new report by the investment bankers advising them on the incentive auction, Greenhill and Company. This report summarizes proposed auction procedures, but also sets out, on a market-by-market basis, the expected opening bids to be offered to TV broadcasters for the surrender of their spectrum so that the spectrum can be repurposed for wireless broadband use.

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Another Fine for Tower Lighting Issues – $20,000 – Warning to Large Companies that Fines May be Enhanced So That They are Not Just a “Cost of Doing Business”

Broadcast Law Blog

'A few weeks ago, we wrote about several recent cases where tower owners were fined for not having their towers lights working in the manner that was required by their licenses. In another case released this week , the FCC’s Enforcement Bureau decided that a $20,000 fine was appropriate for a tower owner in Alaska whose lights were not working when the FCC inspected the facility (and the FAA had not been notified of the outage).

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Commissioner O’Rielly Proposes to Bring Mandatory FCC EEO Recruiting Into the Modern Era by Allowing Reliance on Internet Resources

Broadcast Law Blog

'In a post on the FCC’s blog , Commissioner Michael O’Rielly proposed allowing broadcasters to meet their EEO wide dissemination obligations solely through Internet sources. As we recently wrote , broadcasters need to widely disseminate information about job openings at their stations, using sources that are designed to reach all of the major groups that may exist within a station’s recruitment area.

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More Incentive Auction News – LPTV Webinar Postponed; NAB Study Looks At How Many Stations Per Market Will Need to Surrender Licenses for Successful Auction; More Auction Seminars Scheduled

Broadcast Law Blog

'As we accelerate toward next year’s planned TV incentive auction , it seems like there is news almost every day of interest to television broadcasters who may be affected by the FCC’s efforts to clear TV spectrum so that it can be repurposed for wireless broadband use and sold to wireless companies and the subsequent repacking of remaining TV stations into a smaller TV band.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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FCC Continues Meetings to Explain TV Incentive Auction – California Meetings in Early March

Broadcast Law Blog

'With the recent release of the FCC’s report setting out the potential opening bids to buy out the spectrum of TV stations so that it can be resold to wireless companies for wireless broadband, station owners and operators around the country have many questions about how the auction will play out, and what they really might receive from any incentive auction.

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FCC Fines: $17,000 for Unsecure AM Tower Fence (Not Owning the Tower Site is No Excuse); $25,000 for Missing Quarterly Issues Programs Lists; $22,000 for Nonfunctioning EAS and Wrong Tower Coordinates

Broadcast Law Blog

'A flurry of fines against broadcasters have come out of the FCC in the last week. These fines highlight the scrutiny under which owners of broadcast stations can find themselves should an FCC Field Office inspector knock on their door. If the FCC pays a visit and finds a violation, a station is often looking at a fine even if it quickly takes corrective action.

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More Incentive Auction Dates – Comments Extended on Auction Procedures, Deadlines for Digital Buildouts

Broadcast Law Blog

'The incentive auction to repurpose part of the TV band for wireless broadband marches on, and activity takes place on an almost daily basis. Last week, in providing the February Regulatory Dates for Broadcasters , we mentioned the dates for comments on the auction procedures, asking questions about the mechanics of the auction and how the pricing for stations to be paid for the surrender of their spectrum will be established.

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Paralegals: 6 Steps to Happiness

Paralegal Mentor

It’s time to do some soul searching. Do you see the glass as half empty? Are the majority of your posts on Facebook negative? Do you hold a grudge forever when you think you’ve been wronged? Are bad things always going to happen to you? If you answered "Yes" to those questions, you're probably not a happy paralegal. Do you want to be happy? Absolutely!

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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Why Writing Skills are Necessary for Paralegals

Paralegal Mentor

Paralegals and paralegal students often have difficulty developing their writing skills to the level expected in the legal industry. Legal professionals rely heavily on both verbal and written communication, so writing skills are essential for both lawyers, paralegals, and legal secretaries. Because the other employees in a law firm will not tolerate inadequate writing skills, all paralegals need to learn to write in a concise and precise manner with proper grammar, spelling, and punctuation.

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Paralegals: Minimize Interruptions for Increased Productivity

Paralegal Mentor

How can you get your work done if you have constant interruptions? You can't and it's very frustrating! If you don’t take steps to minimize those pesky interruptions, your time will be wasted and your productivity will suffer. Studies show that the average worker is interrupted every eight minutes. The same studies reveal that 15% of the interruptions are important, while the remaining 85% are a waste of time.Telephone calls and e-mail are major culprits, but even worse are the two-legged interr

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The Paralegal Voice: Attorney Lin Wood Representing High-Profile Clients

Paralegal Mentor

John and Patsy Ramsey , Richard Jewell , and Gary Condit are names everyone has heard because they were all on trial in the court of public opinion. While none of these individuals were never arrested, the public judged them as if they were guilty and this was fueled by the media. They needed legal representation just to fight for their reputations so they turned to Atlanta Attorney L.

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The Paralegal Voice: How to Revitalize Your Career

Paralegal Mentor

? Are you bored with your job? Are you questioning your choice to work as a paralegal? Are you considering changing positions or leaving the profession altogether? You may be experiencing burnout! What should you do? Instead of taking drastic actions, you should first explore ways to revitalize your paralegal career. In this episode of The Paralegal Voice , I spoke with Patti Infanti, managing editor of Paralegal Today Magazine, about the many different steps a paralegal can take to build confid

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Career Planning for the New Year

Paralegal Mentor

The New Year signifies a time to turn a new leaf, to make changes for the better in the months ahead. It’s a time to make those New Year’s resolutions. Most resolutions focus on personal improvement: eat less, lose weight, start an exercise program, sleep more, etc. While personal improvement is a great goal, the New Year is a perfect time to look at your career and set some career goals for the next 12 months.

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What Washington Has in Store for Broadcasters and Digital Media Companies in 2015 – Part 2 – Court Cases, Congressional Communications and Copyright Reform, and Other Issues

Broadcast Law Blog

'Last month, we wrote about the FCC issues facing broadcasters in 2015. Today, we’ll look at decisions that may come in other venues that could affect broadcasters and media companies in the remaining 11 months of 2015. There are many actions in courts, at government agencies and in Congress that could change law or policy and affect operations of media companies in some way.

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Paralegal Profile: Lori Stewart, PP, PLS

Paralegal Mentor

Lori Stewart, PP, PLS, is a U.S. Patent Paralegal at Fish Richardson, PC in Washington, DC, where she specializes in patent prosecution. She has a B.A. in Fine Arts from CSU Bakersfield. She has also earned her NALS PLS and Certified PP. ~~~~~~~~~~~~~~~ 1. What prompted you to choose a paralegal career? It kind of chose me. I was looking for a job back in 1990 and found one as a patent legal secretary at a law firm. 2.

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Paralegal Profile: Jay Williams, TBLS

Paralegal Mentor

Jay M. Williams, TBLS , is a Litigation Paralegal with Dallas law firm Miller Weisbrod, LLP. He specializes in Civil Litigation, Personal Injury, and Medical Malpractice. Jay is also a Board Certified Paralegal – Civil Trial Law, Texas Board of Legal Specialization. ~~~~~~~~~~~~ 1. What prompted you to choose a paralegal career? I was in an accounting class in college, and the instructor told us that (at that time) the hottest job market would not be accounting, but the paralegal industry.

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.

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Protecting Broadcast Investors’ Social Security Numbers for the Biennial Ownership Report for Commercial Broadcasters (and, Potentially, Noncommercial Ones Too)

Broadcast Law Blog

'If all goes as scheduled, at the beginning of December, commercial broadcasters will file Biennial Ownership Reports on FCC Form 323. As we wrote when the obligation to file the current version of these reports was first adopted , the FCC’s intent was to be able to track the interests of broadcast investors across all of their attributable ownership interests in various broadcast companies to assess broadcast diversity.

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NY Senator Chuck Schumer Supports TV JSA Waivers in Small Markets, Briefing Dates Set in Appeal of FCC JSA Decision

Broadcast Law Blog

'Last year’s FCC decision to make Joint Sales Agreements between broadcast television stations attributable interests (meaning that they can only be done if stations are commonly owned) are back in the news – at least a little bit. Yesterday, at the NAB State Leadership Conference held here in Washington DC, NY Senator Chuck Schumer, a prominent Democrat, said that he believed that Joint Sales Agreements, especially in smaller television markets, were beneficial to the public interest.

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