The Motion Picture Association has hired Josh Levin, a veteran New York economic development official, as VP of state government affairs for its Northeast region. Most recently he was associate commissioner of intergovernmental and community affairs in the New York City Mayor’s Office of Media and Entertainment (MOME).

As such, he was a familiar face to the production community, as he worked as a liaison between communities and local government and producers of streaming, TV and film production.

The newly created post is part of MPA’s shift to a regional approach to state government affairs.

Levin has also worked in the New York State Comptroller’s Office and at the New York State Assembly. 

MPA senior VP of state government affairs Kathy Bañuelos cited Levin’s “extensive network of community, business and government stakeholders” as a big value-added for MPA. ■

The Motion Picture Association has named an executive to head communications for its content protection and security efforts.

Pamela Corante will be VP of global communications overseeing the Alliance for Creativity and Entertainment (ACE), which goes after online streaming thieves and other content pirates, and its Trusted Partner Network, an industrywide content security initiative.

Corante, who starts January 3 and is based in Los Angeles, will report to both Jan van Voorn, executive VP of chief global content protection, and John Mercurio, senior VP of communications.

Corante comes most recently from transportation tech company Virgin Hyperloop, where she headed up communications. Her resume also includes internal communications for the digital division of AT&T Latin America. ■

The online video piracy threat is no longer Napster or music file sharing but "real life mobsters" who combine the streaming of stolen video with "gambling, money laundering, tax evasion, drugs, grand theft auto [the crime not the game], and prostitution."

That was the message from Motion Picture Association Chairman Charles Rivkin to CinemaCon in Las Vegas Tuesday (April 26), who suggested it may take the anti-piracy equivalent of the Marvel Avengers team, which MPA has built, to stop "stream-rippers."

Rivkin said the piracy of Napster and selling illegal DVDs on the street had gone the way of dial-up modems and brick telephones and given way to a global industry of sophisticated streaming sites filled with stolen intellectual property.

Also: MPA Launches Minority Lobbying Fellowship

He cited pirate site f.movies, which he said was the most popular streaming site in the world with 80 million visits a month, with half of those from the U.S., which makes it more popular than Gmail.

"Many illegal streaming services come with subscriptions that cost $10 to $20 a month, offering live and catch-up TV, pre-release, and post-release films (and television shows), live sports content – the full array," he said, "and it's often beautifully presented, with state-of-the-art navigation."

He said stream-ripping is often done at high speed and high quality, with operations spread across the globe with servers in one place, distribution in another, and "rogue intermediaries" to facilitate the crime.

To combat that threat, Rivkin said MPA had created the Alliance for Creativity and Entertainment (ACE) in 2017, a group now 40-strong, with responses to piracy that ranged from nice to not so nice.

Nice included cease and desist operations that, most recently, shut down three Canadian subscription streaming services peddling pirated content -- more than 15,000 channels worth, and one in Florida that had 200,000 visits per month and tens of thousands of active pay subs.

The not so nice included filing civil cases.

MPA has also struck a deal with the Department of Homeland Security to embed MPA investigators inside DHS.

"I’m encouraged by our progress in this ongoing fight against piracy," Rivkin said. ■

Sen. Thom Tillis (R-N.C.) has received one of the Motion Picture Association of America's inaugural awards, specifically the Industry Champion Award.

That came at a ceremony Tuesday night in Washington, where MPA is headquartered.

Tillis has been in the news lately over his threat--still in effect--to put a hold on the nomination of Democratic FCC nominee Gigi Sohn, in part because of her past stands on fair use carveouts from copyright laws as head of Public Knowledge.

Back in November, Tillis (R-N.C.), ranking member of the Senate Intellectual Property Subcommittee, asked President Biden to withdraw Sohn's nomination, saying he had many concerns but that copyright was chief among them.

MPA said Tillis was being honored for "the profound impact he has had on America’s creative industry, including his work to ensure fairness within the American copyright system, to support the contributions the creative community makes to the American economy, and for leading efforts such as the Protecting Lawful Streaming Act (PLSA) to ensure that intellectual property rights have meaning," MPA said.

"I am proud to stand up for the rights of the creative community," said Tillis.

The awards will become an annual event. In addition to Tillis, another Industry Champion award went to New Jersey Governor Phil Murphy for his expansion of the New Jersey Film & Digital Media Tax Credit, an MPA Creator Award to writer-director Nikyatu Jusu, and a Lifetime Achievement Award to retiring Sen. Patrick Leahy (D-Vt.) for his "unwavering commitment to intellectual property rights and copyright protection" in his eight terms in the Senate. 

“I have always felt that the brilliance of artists and filmmakers deserves protection from those who attempt to unfairly profit off their hard work,” said Leahy." ■

Major video content companies represented by the Motion Picture Association have expressed their solidarity with the Ukrainians as they attempt to repel a Russian invasion.

MPA issued a statement late Monday as the Russian Army was moving toward the Ukrainian capital of Kyiv.

Also: CTA Backs Russia Tech Sanctions

“The Motion Picture Association stands with the international community in upholding the rule of law and condemning Russia’s invasion of Ukraine," MPA said. "On behalf of our member companies, who lead the film, TV and streaming industry, we express our strongest support for Ukraine’s vibrant creative community who, like all people, deserve to live and work peacefully.

“We will continue to monitor the situation, working closely with our members and partners throughout the global creative sector.”

Ukrainian President Volodymyr Zelensky, who is being hailed for his strong leadership during the crisis--including turning down an offer of escape from the Russians with the line "I need ammunition, not a ride"--is himself a former film producer and actor. ■

The Motion Picture Association has named Kathy Bañuelos senior VP, state government affairs.

She will succeed Vans Stevenson, who is transitioning to a senior advisory role after over 30 years with the association.

Bañuelos starts March 21, based in Los Angeles. She reports to Patrick Kilcur, executive VP of U.S. government affairs for the global organization.

Stevenson will continue to report to Kilcur and will continue to be active in "all aspects" of government affairs globally, said MPA.

Bañuelos comes to MPA from NBCUniversal -- an MPA member -- where she has been VP of government affairs. Before NBCU, she was counsel to the California Senate Judiciary Committee.

Stevenson has been with MPA since 1989 and has headed state government affairs since 1995. Before MPA, Stevenson was VP of corporate affairs for Blockbuster Entertainment. ■

TV and movie producers mourned the death of former Georgia Sen. Johnny Isakson.

Isakson, a Republican and former member of the Communications Subcommittee that oversees the FCC, died December 19 at age 76. He had various health issues including Parkinson's. He retired after 15 years in Congress in 2019.

Isakson had been active in promoting TV and film production in the state, including pushing for legislation allowing investors in TV and film production in the state to write off expenditures on their federal taxes in the year the project was made.

He also co-sponsored a Senate bill back in 2018 that created a framework for better compensating artists for digital plays of their music and making it easier for music rights organizations to collect those fees from distributors of streamed music.

“We’re saddened today to learn of the passing of Johnny Isakson, the distinguished former Senator from Georgia and longtime friend of the film and TV industry," said Motion Picture Association chairman Charles Rivkin. "We send our deepest condolences to his wife Dianne, his three children and his nine grandchildren.

"Senator Isakson was a true statesman and champion of our industry throughout his remarkable career in Congress. We are grateful for his leadership and many important contributions on behalf of the creative community, including his support for economic policies that helped build a vibrant and opportunity rich production industry in Georgia.” ■

The head of the Motion Picture Association congratulated newly elected Virginia Gov. Glenn Youngkin on what MPA chairman Charles Rivkin called a hard-fought victory. Rivkin also congratulated new Lt. Gov. Winsome Sears, the first woman of color to hold that post in the state.

MPA’s Washington headquarters is a long silver dollar's throw across the Potomac from the state.

Youngkin is a pro-business Republican who upset former governor Terry McAuliffe with the endorsement of Donald Trump.

“We look forward to working with both of them to bring film and TV production to the commonwealth — productions that generate new jobs, tax revenue and increased tourism,” Rivkin said.

Rivkin said that, on average, a major film shoot on location can generate $250,000 per day to the local economy, and a TV episode $150,000 per day.

The Motion Picture Association has announced a fellowship program to help diversify the industry's legal and lobbying staffs.

Hollywood has taken flak for insufficient diversity in front screens, large and small, as well as behind them.

MPA in conjunction with the Entertainment Industry College Outreach Program (EICOP) has launched the Entertainment Law & Policy Fellowship, a year-long paid program with the legal department and government affairs shops of both MPA and one of its member studios — The Walt Disney Co., NBCUniversal, Netflix, Paramount, Sony Pictures and Warner Bros.

The program is open to recent graduates of HBCUs (historically black colleges and universities), HSIs (hispanic-serving institutions) and MSIs (minority-serving institutions). Applications are being accepted beginning today (Sept. 28) and through Dec. 20. Applicants must commit to participating between June 1, 2022 and June 1, 2023.

Fellows will spend three months in MPA’s Los Angeles office and then three months at its Washington headquarters, followed by six months at one of the member studios.

The fellowship will include housing, travel, and stipends.

The program was launched to coincide with MPA's 100th anniversary and the 10th anniversary of its Diversity, Equity and Inclusion initiative.

MPA chairman Charles Rivkin said the fellowship will ”strengthen our ongoing efforts to diversify the Hollywood pipeline, which is critical to ensuring that our industry continues to create and tell stories in innovative ways that push boundaries and shape culture.”

Veteran government relations executive Chris Ortman said he has been released from the hospital after a bout with COVID-19.

Ortman had been battling what he said were more than mild COVID symptoms for 10 days but after waking up "in a confused state" and at the urging of his wife, he got a virtual consultation, he said, and was directed to the ER.

On Friday (Aug. 6), Ortman, executive VP of D.C. government relations shop Signal Group DC, tweeted a picture of himself leaving Suburban Hospital in the DC suburb of Bethesda, Maryland, after what he said was a five-day stay to recover from COVID pneumonia.

Ortman, former senior VP of communications for the Motion Picture Association, chronicled his ordeal on Twitter. He said he was "grateful for all the nurses, ER personnel and doctors who got me back on my feet," adding: "Living on tube-supplied oxygen is no fun."

Likely driven by the stat-at-home, play-at-home pandemic, global online video service subscriptions topped one bill for the first time, according to a new report from the Motion Picture Association (MPA), which many of its motion pictures having to move to small-screen, over-the-top, debuts last year.

But traditional cable TV remains the biggest video market worldwide.

According to the MPA's THEME 2020 Report, online video subscriptions reached 1.1 billion globally, up 26% year over year.

Also Read: Netflix Up for 35 Oscars

Global revenue was $68.8 billion in U.S. dollars, up 23% over 2019.

In the U.S., there were 308.6 million online video subs, up 32% from 2019, and market for home and mobile subs was up 21% to $30 billion.

But cable TV remains the highest revenue pay TV market globally representing $116 billion in 2020.

And while the amount of time spent watching TV in 2020 increased by seven minutes to three hours, 34 minutes per day, the increase in time spent watching subscription over-the-top video was up a whopping 34% to 71.8 minutes, the first time it has topped an hour.

The boom in digital subs only partially offset the plunge in box office from COVID-19-shuttered theaters. The global market for both theatrical and home/mobile entertainment distribution was $80.8 billion, down 18% from 2019.

“Despite the challenges to the global economy brought on by the COVID-19 pandemic, the film television, and streaming industry has once again risen to the occasion,” said MPA chairman Charles Rivkin. “Streaming experienced another huge boom. Theatrical and home entertainment remain two essential parts of this dynamic and iconic industry, and I am confident that movie theaters will experience a great comeback in the months ahead.”

Also Read: TV Programmers Seek Pandemic Insurance

Other key findings from the report:

1. "During the pandemic period of 2020, 55 percent of U.S. adults reported that their viewing of movies or shows/series through an online subscription service increased, while 46 percent reported that their viewing via pay TV increased.

2. "More than 85 percent of children and more than 55 percent of adults watch movies or shows/series on mobile devices.

3. "Daily viewers of movies or shows/series on mobile devices skew more heavily towards the 18-24 and 25-39 year-old age groups, as well as the Hispanic/Latino and African-American/Black ethnicity groups."

For the survey, MPA commissioned ENGINE to conduct an online poll of a representative sample of 8,072 U.S. adults 18 and older Jan. 4-24, 2021.

Shades of SOPA-PIPA!* Sen. Thom Tillis (R-N.C.), fresh off the passage of his bill that would make illegal streaming a felony in some cases, has introduced a discussion draft of major copyright reform legislation that has computer companies fuming and studios gently applauding.

“The Motion Picture Association commends Senator Tillis and his staff for their work in seeking to address the shortcomings of the Digital Millennium Copyright Act (DMCA), the Motion Picture Association of America said of the draft. 

Tillis billed the draft (for a summary, click here)  as a landmark effort at reform rather than "tinkering around the edges" and invited comment, which he will surely get, from " all interested stakeholders - large and small, individuals and companies, YouTubers, and independent creators" by March 5.

The draft is the product of a host of hearings in 2020 on the DMCA and input from creators and distributors of copyright works, online service providers, public-interest groups, and academics," MPA pointed out in calling the draft a "first effort to find harmony among their many conflicting views."

Tillis said the bill among other things, "improves the exemptions available to users for circumventing technological protection measures (TPMs), increases attribution protections so that authors can be properly credited, and makes the Register of Copyrights a Presidential appointee and places the Copyright Office under the Department of Commerce."

Also Read: Commerce DMCA Meeting Looks to Tackle Standardized Takedowns First

MPA is particularly pleased with the proposals to narrow the copyright safe harbor it said has been broadened due to a misinterpretation of the DMCA.

On the other side were computer companies and edge providers represented by the Computer & Communications Industry Association (CCIA), whose members include Facebook, Google and Twitter.

They appeared to find discord--and even illegality--rather than potential harmony in the proposal. "

Industry works to provide new tools for greater compensation for creators and lawful alternatives for consumers," said CCIA president Matt Schruers. "Unfortunately, this discussion draft would not benefit individual creators and would impose notice and stay down provisions that are not just too severe but unconstitutional.”

CCIA said the draft "reads like a Christmas wish list for Hollywood and big content companies" and "increases the role of federal agencies in regulating copyright, gives greater power to copyright holders to file small claims suits and also adds rules and penalties impacting how internet companies take down copyright infringement online. "

CCIA said its discussions with Tillis about the draft would be about those many concerns.

*Almost a decade ago, studios and edge providers including Google, waged a battle royal over the Stop Online Piracy Act (SOPA) in the House and its Protect IP Act [PIPA] complement in the Senate. Neither made it into law.

Broadcasters, cable operators, and content producers are telling Congress that legislation that would put the government's financial muscle behind pandemic risk insurance is key to ramping up TV and movie production.

In a letter to the leadership and ranking members of the House Financial Services Committee and Insurance Subcommittee obtained by Multichannel News and Broadcasting + Cable, a coalition of stakeholders said, "In light of the severe economic and employment headwinds we face, it is critical for the House Financial Services Committee to examine the nation-wide business insurance crisis that has impacted all aspects of our economy including film, television and sports productions."

They were preaching to the choir and knew it, saying they were pleased the committee was holding a hearing Nov. 19 on “Insuring Against a Pandemic: Challenges and Solutions for Policyholders and Insurers."

They said the hearing was an important step, and pressed legislators to pass "bi-partisan legislation that creates a public private insurance solution in which the government shares the financial risk of losses related to pandemics so that we in the film, tv, and sports industries can return to production."

The groups gave a shout-out to Rep. Carolyn Maloney (D-N.Y.) for her Pandemic Risk Insurance Act of 2020, which would create that "shared public and private compensation for business interruption losses," calling it a "positive step."

Among those signing on to the letter were NCTA, NASCAR, the NFL, NAB, SAG-AFTRA and the Directors Guild of America.

They told the legislators their membership represents hundreds of thousands of small businesses paying $200 billion in wages and providing 2.5 million job in the TV, streaming and film industries. "The restart of our industries in the U.S. cannot begin on a widespread basis without protection against the ongoing pandemic risks," they told committee leadership.

A global coalition for the protection of online content has gotten a crystal clear ruling from a U.S. district court against an unauthorized streamer.

The Alliance for Creativity and Entertainment (ACE), whose members include the major legal content producers and streamers, from Amazon, AMC Networks and Apple TV to Viacom, Walt Disney Productions, and Warner Bros., said it has secured a permanent injunction against Crystal Clear Media (CCM).

ACE is chaired by Charles Rivkin, who heads the Motion Picture Association (MPA).

According to a copy of the injunctions, the operators of CCM agreed to comply with the injunction as well as to a $40 million judgment for damages. Each party will pay their own attorneys fees.

“Crystal Clear Media’s massive, leveraged piracy operation posed a direct threat to the legitimate streaming market that people are depending on today more than ever,” said Karyn Temple, MPA senior executive VP and global general counsel. “Illegal online piracy hurts ACE members and strains an already challenged delivery system. It threatens jobs, destabilizes the economics that promote creativity and keep streaming affordable, and puts consumers at increased risk of malware, which is often used for identity and financial theft and other nefarious schemes.”

The suit was filed in August 2020.

The Motion Picture Association has renewed the contract of association chairman Charles Rivkin for another three years. 

The new contract starts Jan. 1, 2021. No word on the terms, but in his last year, Christopher Dodd made about $2.4 million, according to an IRS filing.

Rivkin has headed the trade group since January 2018, when he replaced the outgoing Dodd. MPA said Rivkin has transformed the association, listing it as one of those signature accomplishments championing the addition of Netflix in January 2019, "underscoring the rapid shift underway in the industry towards streaming."

He is also cited by MPA for guiding its rebrand to reflect its international scope and prioritizing the association's diversity, equity and inclusion program to help the industry better reflect diversity in front of and behind the camera.

Related: MPAA Rebrands

The renewal of the formerly highly placed Democrat comes as the Democrats prepare to take over the White House and even have a shot at the Senate depending on a couple of Georgia run-off races.

Rivkin is the former assistant secretary of state for economic and business affairs in the Obama Administration. Before that he was CEO of the Jim Henson Company and W!ldBrain. He was at the State Department from 2014-2017 and has also been ambassador to France and Monaco.

Lifetime has a bunch of friends in high programming places in a court fight that could have a major impact on the TV and movie biopic and docudrama genres.

Those friends include the Motion Picture Association, Netflix, Sony Pictures, Viacom, Warner Bros., NBCU and many others.

Lifetime was sued by the subject of its docudrama Romeo Killer: The Chris Porco Story. Chris Porco, who was convicted of killing his father and attempting to kill his mother, sued Lifetime alleging the program violated the New York right of publicity law. 

The law holds that "a person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor."

There is a carveout for newsworthy events, but Porco argues it is not covered because it is substantially fictionalized. 

The New York State Supreme Court is allowing the case to go to trial--Lifetime had sought summary judgment in its favor--ruling that Porco's claim, even involving a "non-defamatory expressive work," can go to trial on the grounds there could be a claim under state civil rights law if the work proved to be "materially and substantially fictionalized."

In an amicus brief, Lifetime's court "friends" argue that "docudramas like the one here are outside the scope of right of publicity law and are fully protected by the First Amendment." The brief points to De Havilland v. FX Networks, in which a California appeals court affirmed the right of "storytellers to portray real people, even over their objections."

If the State Supreme Court ruling that the case can go to trial stands, says the brief, "it would significantly undermine the ability of filmmakers to create culturally significant works that are inspired by, or relate to, real people and events."

The De Haviland ruling is on point. In that case, Judge Anne Egerton held: 

"Authors write books. Filmmakers make films. Playwrights craft plays. And television writers, directors, and producers create television shows and put them on the air—or, in these modern times, online. The First Amendment protects these expressive works and the free speech rights of their creators. Some of these works are fiction. Some are factual. And some are a combination of fact and fiction. That these creative works generate income for their creators does not diminish their constitutional protection. The First Amendment does not require authors, filmmakers, playwrights, and television producers to provide their creations to the public at no charge.

"Books, films, plays, and television shows often portray real people. Some are famous and some are just ordinary folks. Whether a person portrayed in one of these expressive works is a world-renowned film star—'a living legend'—or a person no one knows, she or he does not own history. Nor does she or he have the legal right to control, dictate, approve, disapprove, or veto the creator's portrayal of actual people."

The brief does not argue that filmmakers are categorically immune from potential liability under defamation claims. But it said that making a claim under the publicity statute circumvents the constitutional requirements for defamation.

Allowing that, they said, "poses an unprecedented – and virtually insurmountable – hurdle to an entire genre of works, which would likely never be brought to fruition if creators have to fear potential lawsuits from anyone who might be portrayed in a 'substantially fictionalized' manner," it said.

The United States-Mexico-Canada Agreement (USMCA) took full effect Wednesday (July 1).

The agreement includes digital trade provisions that tech companies say appropriately promote cross-border data flows and storage.

Social media platforms will continue to be held harmless for third-party content on their websites under the agreement, though according to the compromise, House Speaker Nancy Pelosi (D-Calif.), and other Dems, had wanted it scrubbed.

Language in the USMCA maintains that the civil liability carve-out "enhances the economic viability of these engines of growth that depend on user interaction and user content."

The Motion Picture Association (MPA) was applauding the milestone.

“The Motion Picture Association congratulates President Trump, Ambassador Lighthizer, and leaders from Mexico and Canada for entry into force of the USMCA," said MPA Chairman Charles Rivkin. "The film and television industry accounted for $16.3 billion in exports last year alone, and registers a positive trade balance in every major market in the world. As this agreement begins to take full force, we will have better tools to address the global threat of piracy while also facilitating the growth of the legal, digital market for creative content. We look forward to working with the governments to ensure the full and effective implementation of all intellectual property and market access commitments under the agreement, while continuing to further improve protections for creators in today’s constantly evolving digital landscape.”

"The agreement will drive job creation and includes the strongest, most advanced, and comprehensive set of labor provisions of any United States trade agreement," said White House Press Secretary Kayleigh McEnany.

The United States-Mexico-Canada Agreement (USMCA) took full effect Wednesday (July 1).

The agreement includes digital trade provisions that tech companies say appropriately promote cross-border data flows and storage.

Social media platforms will continue to be held harmless for third-party content on their websites under the agreement, though according to the compromise, House Speaker Nancy Pelosi (D-Calif.), and other Dems, had wanted it scrubbed.

Language in the USMCA maintains that the civil liability carve-out "enhances the economic viability of these engines of growth that depend on user interaction and user content."  

The Motion Picture Association (MPA) was applauding the milestone.

“The Motion Picture Association congratulates President Trump, Ambassador Lighthizer, and leaders from Mexico and Canada for entry into force of the USMCA," said MPA Chairman Charles Rivkin. "The film and television industry accounted for $16.3 billion in exports last year alone, and registers a positive trade balance in every major market in the world. As this agreement begins to take full force, we will have better tools to address the global threat of piracy while also facilitating the growth of the legal, digital market for creative content. We look forward to working with the governments to ensure the full and effective implementation of all intellectual property and market access commitments under the agreement, while continuing to further improve protections for creators in today’s constantly evolving digital landscape.”

Georgia said it is back open for content production business, with the requisite COVID-19 era protections. 

Those include six-feet spacing for production meetings that can't be remote, use of stairs instead of elevators, temperature checks, and much more.  

Gov. Brian Kemp announced Friday (June 12) that major TV, streaming and film companies are planning to hire some 40,000 production workers in the state for 75 productions and more than $2 billion investment in the state economy. 

The governor cited the Motion Picture Association for those stats, as well as the major production companies queueing up to return, which include MPA members The Walt Disney Company, NBCUniversal, Netflix, Sony Pictures Entertainment, Paramount Pictures, and Warner Bros.

“The entertainment production industry is coming back and ready to jumpstart the Georgia economy by creating jobs and generating greatly needed investment and spending in communities across the Peach State,” Kemp said in a statement.  

That return will be in accordance with the state's COVID-19: Georgia Best Practices for Film and Television guide along with the safety protocols of the Industry-Wide Labor-Management Safety Committee Task Force.

Georgia says it is back open for content production business, with the requisite COVID-19 era protections.

Those include six-feet spacing for production meetings that can't be remote, use those stairs instead of elevators, temperature checks, and much more. 

Gov. Brian Kemp announced Friday (June 12) that major TV, streaming and film companies are planning to hire some 40,000 production workers in the state for 75 productions and more than $2 billion investment in the state economy.

The governor cited the Motion Picture Association for those stats, as well as the major production companies queueing up to return, which include MPA members The Walt Disney Company, NBCUniversal, Netflix, Sony Pictures Entertainment, Paramount Pictures, and Warner Bros.

“The entertainment production industry is coming back and ready to jump start the Georgia economy by creating jobs and generating greatly needed investment and spending in communities across the Peach State,” Kemp said in a statement. 

That return will be in accordance with the state's COVID-19: Georgia Best Practices for Film and Television guide along with the safety protocols of the Industry-Wide Labor-Management Safety Committee Task Force.

The media industry is pushing back hard on a proposed Maryland digital ad tax they call the "most serious" threat to commercial advertising in the past several years. 

Groups ranging from the major ad associations to NCTA-The Internet & Television Association to the Motion Picture Association, have written state legislators to spell out their principle concerns, which include that 1) since it would tax digital and not non-digital ads, it is a discriminatory tax disallowed by the Permanent Internet Tax Freedom Act (PIFTA); 2) that the measure raises First Amendment issues because it singles out commercial speech for a "punitive" tax, and that 3) "advertising service providers could be expected to pass the tax onto their customers, burdening Maryland residents and businesses who are consumers of advertising services within a digital interface." 

That comes as the Maryland House of Delegates’ Ways and Means Committee is holding a hearing on the bill.  

Related: ANA Fires Warning Shot Over ANA Digital Ad Tax 

The object of their disaffection is a gross revenues tax on "certain" digital ad services, that would presume that digital ads are provided in the state under "certain" circumstances and require "certain" persons with "certain" annual gross revenues from digital ad services to pay the tax," according to the Association of National Advertisers. 

Ad sales and services taxes are periodically introduced as states look for new revenue and ANA is always on the lookout to spread the alarm when that happens.   

The letter, to Anne Kaiser, chair of the Maryland House Ways & Means Committee, and Alonzo T. Washington, vice chair, is reprinted below: 

Dear Delegate Kaiser and Delegate Washington: 

We write to you to express our strong opposition to the proposed digital advertising tax on the gross revenues of businesses operating in Maryland under the provisions of H.B. 695. Advertising, including the rapidly growing segment of digital advertising, is a powerful engine that helps drive the economy of the State of Maryland. 

Advertising expenditures account for $101.5 billion of sales in Maryland. That represents 14.6 percent of the $693.1 billion in total economic output for the State. These results are based on economic research for the media and advertising industries that applied an economic model developed by the 1980 Nobel Laureate for Economic Science, Dr. Lawrence R. Klein. The research further shows that sales of products and services driven by advertising help support 393,667 jobs – nearly 15 percent of the 2.6 million jobs in the State. 

The proposed tax on digital advertising would represent one of the most serious threats to commercial advertising in the United States in several decades. If Maryland were to enact this tax on advertising, it would become the first state or locality in the United States to impose a targeted, punitive tax on the gross revenue derived from digital advertising services. 

Because Maryland would tax digital advertising but not tax non-digital advertising, the proposed levy would constitute a “discriminatory tax” prohibited by the Permanent Internet Tax Freedom Act (PITFA). While we understand the importance of securing more funding for the State’s education programs, the adoption of an arbitrary threshold of global annual gross revenues would tend to tax larger global advertising service providers at a higher tax rate than their domestic counterparts. This would be constitutionally suspect under the Commerce Clause of the U.S. Constitution. The proposal also would raise serious First Amendment concerns because it singles out digital commercial speech for a punitive tax. 

Although the anticipated revenues from the tax may seem popular initially, the real burden of the new tax would fall on Maryland residents and Maryland businesses who are consumers of advertising services within a digital interface. 

Advertising service providers can be expected to pass the tax onto their customers, including Maryland brick and mortar businesses that seek to reach new customers online. A study by Deloitte Tax of the digital advertising tax adopted in France confirms this projected outcome. It found that 55 percent of that tax burden would be passed on to consumers who would pay higher prices for every good and service they use, online or offline. It is important to note that France has suspended its digital tax through the end of this year.  

While we respect and support your goal to identify and direct substantial new financial resources toward the education of Maryland’s children, we believe your proposed digital advertising tax will impose a massive long-term burden on the present and future taxpayers of the State. We strongly urge you to reject H.B. 695. 

Respectfully submitted, 

American Advertising Federation (AAF)

American Association of Advertising Agencies (4A’s)

Association of National Advertisers (ANA)

CompTIA

Consumer Brands Association

Council on State Taxation (COST)

Interactive Advertising Bureau (IAB)

Internet Coalition

Maryland Chamber of Commerce

Maryland Retailers Association

MDDC Press Association

Motion Picture Association - America

MPA –The Association of Magazine Media

National Association of Broadcasters (NAB)

NCTA – The Internet & Television Association

The ADvertising Coalition

Belinda Lui has officially joined the Motion Picture Association as president and managing director of the Asia-Pacific Region, based in Hong Kong, where she will work to promote, preserve and protect TV, streaming and film interests. 

She succeeds Mike Ellis, who will continue to advise the association during the transition. 

She reports to Gail MacKinnon, senior EVP for global public policy and government affairs. "I look forward to partnering with our business and government leaders in advancing our common goals," said Lui. 

Lui was most recently head of international relations and public policy, Asia-Pacific, for AT&T WarnerMedia. She headed up government affairs for all of AT&T's business units, which includes Warner Bros., HOB and CNN. 

Lui's resume includes in-house counsel at Microsoft in Hong Kong.

Belinda Lui has officially joined the Motion Picture Association as president and managing director of the Asia-Pacific Region, based in Hong Kong, where she will work to promote, preserve and protect TV, streaming and film interests. 

She succeeds Mike Ellis, who will continue to advise the association during the transition. 

She reports to Gail MacKinnon, senior EVP for global public policy and government affairs. "I look forward to partnering with our business and government leaders in advancing our common goals," said Lui. 

Lui was most recently head of international relations and public policy, Asia-Pacific, for AT&T WarnerMedia. She headed up government affairs for all of AT&T's business units, which includes Warner Bros., HOB and CNN. 

Lui's resume includes in-house counsel at Microsoft in Hong Kong.

The Motion Picture Association has snagged a high-profile copyright expert.

Karyn Temple has joined MPA as global general counsel.

“I can think of no better person than Karyn Temple, one of the world’s leading experts on copyright, to help us advocate for our members’ global film, television and streaming businesses at this pivotal time of transformation in the industry,” said MPA chairman Charles Rivkin.

Karyn is the former Register of Copyrights, where she headed up the Copyright Office including advising all three branches of government on copyright policy and law.

Related: MPA Names Senior Director

Temple became register last March, but been acting director and register since October 2016, when she succeeded Maria Pallante atop the office in that acting capacity. Temple has been with the office as an associate register and director of policy and international affairs since 2013.

Temple's resume also includes the Justice Department, the Recording Industry Association of America and the Williams & Connolly law firm.