HB Media Minute

HB Media Minute

Welcome to HB Media Minute, a podcast series by Haynes and Boone, LLP focused on new legal developments and trends impacting the media and entertainment industry, intellectual property, and open government and First Amendment law.

Episodes

August 8, 2022 27 min

In the latest episode of HB Media Minute, Haynes Boone Partner Ryan Patrick discusses how businesses can use civil enforcement procedures to investigate whether their trademarks and copyrights have been infringed --  and, if they establish an infringement, how they can go about seizing counterfeit products. The former U.S. Attorney for the Southern District of Texas from 2018-2021, Patrick details the prevalence of counterfeiting, ...

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Haynes Boone Associate Michael Lambert appears on HB Media Minute to discuss the media’s increasing use of drones in news coverage and how drone usage might be impacted by a recent federal court ruling that Texas’ restrictive drone law is unconstitutional. Michael explained the Texas law at issue, which imposed civil and criminal penalties for the use of drones for certain purposes, such as to capture images of an individual or pri...

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In the latest HB Media Minute, Theresa Conduah, an Intellectual Property partner in Haynes Boone’s Orange County office, discusses the complex state of the law governing influencer marketing of cannabis products. The podcast starts with a helpful  primer on the differences between such common terms as cannabis, CBD, Hemp, THC and cannabinoids; a survey of the current patchwork state of legality of cannabis and CBD products, and the...

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Haynes Boone Associate Reid Pillifant, a former reporter whose legal practice focuses on media, IP, open government, anti-SLAPP and First Amendment litigation, reviews some of Judge Ketanji Brown Jackson’s previous rulings on FOIA, defamation and free speech issues and analyzes what they might portent about her approach to media law issues as a U.S. Supreme Court justice.  

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In the latest edition of HB Media Minute, Haynes Boone Associate Michael Lambert revisits a topic explored in an earlier podcast: the First Amendment right to record police activity. Michael explores the issue in the wake of a recent ruling out of the Fifth Circuit Court of Appeals in a case filed by an Austin man who was arrested for videotaping police activities. Michael discusses the civil rights lawsuit filed by the man and the...

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Partner Jason Bloom, Haynes Boone's head of Copyright Practice, and Associate Michael Lambert join moderator Nathan Koppel to discuss a new law that takes effect this spring and will allow a three-member tribunal within the U.S. Copyright Office to hear smaller-dollar copyright infringement claims. It’s a significant development, since federal courts traditionally have had exclusive jurisdiction over copyrights infringement cla...

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Haynes Boone intellectual property Associate Michael Lambert joins moderator Nathan Koppel to discuss recent developments impacting the public’s right to view and access police operations and courtroom proceedings. We cover the impact of the George Floyd murder and COVID-19 on transparency and public access to governmental operations; police body cameras, and audio recording of U.S. Supreme Court hearings, among other topics. 

Micha...

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Our returning guest today is Haynes Boone Associate Michael Lambert who is based in our Austin office and is a member of the firm’s Intellectual Property Practice Group. Michael focuses on media, entertainment, IP, and First Amendment litigation. 

In this episode, we will complete our three-part discussion about Section 230 of the Communications Decency Act, which provides immunity (with some exceptions) to tech companies from liabi...

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We’re joined again by Haynes Boone Associate Michael Lambert, who is based in our Austin office and is a member of the firm’s Intellectual Property Practice Group. Michael focuses on media, entertainment, IP, and First Amendment litigation.

In this episode, we will resume our discussion on Section 230 of the Communications Decency Act, which provides immunity (with some exceptions) to tech companies from liability for third-party co...

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Today, we will talk about a hot topic – Section 230 of The Communications Decency Act, which is the legal framework that protects tech companies from liability for third-party content, such as reader posts, YouTube videos, and Instagram posts. It is a critical legal foundation for the expanding social media sphere. 

The law has plenty of supporters and detractors, including critics who say that service providers need to bear more re...

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We're joined today by Haynes Boone Partner Lee Johnston who is based in our Denver office and has a national trial practice that includes patent, copyright, trademark, and trade secret litigation. In this episode, Lee will talk about data scraping, a growing and controversial practice that has been the subject of recent, high-profile litigation.

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In this episode, we are joined by Haynes Boone Counsel Darwin Bruce, who will walk us through a checklist of key items for parties to consider when structuring transactions involving the entertainment industry. Darwin joined us earlier on the podcast to talk about the growth in streaming media. His practice focuses on media and entertainment transactions, corporate governance, mergers and acquisitions transactions, finance, and rea...

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In this episode, we are joined by Haynes Boone Partner Laura Prather, who is the head of the Media Law Practice Group. Laura has been active in the legislative process in Texas for many years, advocating for landmark laws that strengthened First Amendment Rights in the state. She has spent a significant amount of time this year at the Texas capitol and will talk to us about some of the laws passed that impact First Amendment rights...

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Today, we are going to talk about the U.S. Supreme Court’s recent foray into copyright law, in the closely followed Google v. Oracle case from its prior term, and we will preview a case on the Court’s 2021-2022 docket that will again delve into copyright law.

We have two guides today: Partner Jason Bloom, a returning guest to the podcast, and Chair of the firm’s Copyright Practice Group. Jason has litigated a wide variety of copyrig...

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Today, we are covering an important topic: the impact the COVID-19 pandemic has had on governmental transparency, including open-records requests and public access to governmental meetings. As we’ll discuss, the pandemic has been sort of a mixed bag, posing roadblocks to open government but also opening pathways to access public records, meetings and judicial proceedings.

Joining us today is Partner Tom Williams, who has decades of...

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Today, we are going to talk about some recent significant Texas Supreme Court rulings of particular interest to media companies. The rulings will have an impact on defamation cases and the Texas Citizens Participation Act, the state’s anti-SLAPP law that establishes First Amendment protections for citizens to speak freely without fear of retaliatory suits.  

We’re joined by Haynes and Boone Partner Ben Mesches, who is Co-Chair of th...

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Today, we are going to talk about cybersquatting, which is the unauthorized registration of an Internet domain name, usually involving a well-known company or brand, with the bad faith intent to profit from the goodwill established by the actual trademark owners. Various legal tools have been created to help brand owners fight back against cybersquatting, but the practice nonetheless continues and has likely only increased. We will...

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Today’s topic: talent releases and how to avoid liability for using a person’s image in a creative work. Among other issues, we’ll talk about the particular circumstances that require talent releases and the sorts of claims you can face if you are accused of the unauthorized use of a person’s image.

We are joined by Chrissy Long, an associate in Haynes and Boone’s Fort Worth Office and a member of the firm’s Media and Entertainment ...

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Today, we are going to explore copyright law and specifically the Fair Use doctrine. It’s a legal principle designed to promote freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Someone invoking the Fair Use defense has the burden of proving why it applies, and it can be hard to predict whether a court would conclude that a particular use of copyrighted material qualifies ...

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Today, we are going to explore the topic of data privacy, a vital issue that is in the news in some form or fashion every single day. We will cover a lot of fertile ground, including the General Data Protection Regulation (or GDPR), the strict European legal regime protecting European Citizens’ personal data. We will also discuss the impact the GDPR has had on data privacy regulations in the U.S. and how European and U.S. data priv...

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