Archive for the ‘Quick Links’ Category
Are Subpoena Standards Substantive, Procedural, or Constitutional Law?
As courts [PDF] have established standards for subpoenas to ISPs in online defamation lawsuits, they have raised new questions.
Professor Wasserman has raised the question whether these standards are a part of state substantive defamation law that federal courts would apply in diversity actions under Erie or are instead mere procedural rules. My article from JTLP, Who’s Exposing John Doe? Distinguishing Between Public and Private Figure Plaintiffs in Subpoenas, argues that the constitutional distinction between public and private figures in defamation law should apply to certain procedural issues also. My proposal would appear to be a substantive distinction that federal courts would apply under Erie. The court opinions [PDF] fashioning standards also discuss substantive and constitutional issues in developing the procedural rules.
What do you think?
Should Traditional Radio Stations Pay Music Royalties?
Congressional hearings this week focused on whether or not traditional radio stations should have to pay royalties for the music they play. Billy Corgan of The Smashing Pumpkins, was among those who testified in support of H.R. 848, The Performance Royalties Act. Radio stations argue that the value of promotion they give artists outweighs the costs of any royalties due. That’s an argument that sounds familiar, and may explain some of the impetus for copyright holders to come forward now to reject such a rationale.