Categorized Media

That Day Hacker News Generated 19K Page Views

Constitutional + Government + Media + Practice + Public + Tech

Reflections on GitHub for Lawyers climbing into the top-ten on Hacker News and sending 19,000 page views to this site.

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Adventitious Reading List

Education + Media + Practice

A collection of links saved over the last couple of years through Instapaper.

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Law Is Code

Business + Economics + Media + Practice + Tech

Coupling website and app building services with legal services offers small business clients a marked advantage in the modern marketplace.

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On Legal Education

Arts + Education + Media + Public

Learning is a literal changing of the mind, and we can’t go back. What implication for lawyers, for whom few mysteries of society remain?

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MA Tax on Software Services

Business + Media + Tax + Tech

An early look at Massachusetts’ new tax on software services.

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GitHub for Lawyers

Media + Practice + Tech

Version control is inescapably necessary to legal drafting, and law is the original code.

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RI Tax Exemption for Arts

Arts + Business + Media + Tax

A look at the expansion of Rhode Island’s tax exemption for a range of artistic endeavors.

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International Trademark Protection

Arts + Business + International + Media + Practice + Tech

A brief consideration of an international trademark registration project.

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Digital Asset Management

Copyright + First Amendment + Litigation + Media + Tech

As our lives become increasingly documented by digital means, the question of legacy and inheritance has too become digital.

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Electronic Discovery Process

Litigation + Media + Practice + Tech

An approach to massive digital document production and review processes, and whether they comport with Federal Rule of Civil Procedure 26.

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First Sale Digital

Arts + Copyright + Media + Tech

A look at the first sale doctrine under 17 U.S.C. §109(a), as well as applicability of the fair use and first sale affirmative defenses.

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First Sale Imports

Arts + Copyright + International + Litigation + Media

Resolving three sections of the Copyright Act – 17 U.S.C. §§106(3) (exclusive rights), 109(a) (first sale exception), and 602(a)(1) (importation restriction).

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Social Media Spoliation

Litigation + Media + Practice + Tech

A look at a case treating a jury instruction on an adverse evidentiary inference for failing to preserve a Facebook account.

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The New Media Space

Business + International + Media + Practice + Tech

Lawyers practicing in the new media space face cross-border issues, including representation of clients who offer globally accessible content and services.

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Recessionary Decline in Creation

Arts + Copyright + Government + Media + Public

The recession affected copyright filings like it affected the open market, dropping very roughly 50% from peak to trough between 2007 and 2009.

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Media + Arts + Tech

Attributes

I am native to media, arts and tech – as a former touring musician, as one who can and does code, and as a maker fluent in design and multimedia content development (audio, video, photo, graphic, analog, textual). This overlap of niche and background allows me to efficiently and peerlessly integrate legal and creative for clients working in expressive spaces.

Corporate

They are called organizations for good reason. Getting and staying documented, well-papered, compliant, and aligned with pragmatic protocols is prime among best practices. General counsel and correct governance are as important to closely-held companies as they are to those seeking or deploying external funding. There are few investments more sound than a solid foundation.

Contracting

Optimizing a deal requires focussed and technical drafting. What multiple collaborators have in mind when they begin does not automatically manifest when a concept is translated into the physical world. Get ahead of junctures, pivots and transitions. Reflecting on the page what is intended at heart is the ultimate efficiency.

Copyright

There are few disciplines as relevant and fluid as copyright. The media space has enjoyed rapid development over recent decades. Law is not always so quick to follow. Navigating ownership of content is a primary concern for creative enterprises.

Trademark

Impact and impression are salable and demand attention, from protecting to capitalizing. Define your brand, put on a search, definitively document, and enforce with intent – or share, collaborate and cross-pollinate.

Trade Secrets

Assets come in variegated forms – not always capitally quantifiable or neatly captured by intellectual property regimes. But proprietary information can be of principal, or even singular value. Safeguard, manage and leverage such resources prudently and productively.

Licensing

One of the most important tools in the kit of creative profit is the flexibility and extensibility that adept licensing affords. Do it well – do it right.

Regulatory

Interfacing with public agencies is a vastly different experience than cutting deals in the private sector. Conventions, ethics, regulations, policy, and sinuous procedure need not block your path forward. Additionally, the First Amendment was written for you – stand on it.

Litigation

There will almost certainly come a time when dispute crops up and grows entrenched, or rights and obligations are transgressed or ignored. Less talk, more action – bring deft advocacy and mastery of process into play.

Strategic

Creation is nothing if uninspired. Your vocation is to deploy vision and bridge the gap between what is known and unknown, what is possible and impossible. Apply the very same foresight to your company and your career. Chance favors the prepared mind.