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October 2011

MediaLawLetter April 2011


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S.D.N.Y.: A Bridge Too Far – The Google Books Settlement
Proposed Settlement Rejected
The Authors Guild v. Google

S.D.N.Y.: Appropriation Artist’s Million Dollar Works Deemed Copyright Infringements
Judge Denies Fair Use Defense to Controversial Art Form
Cariou v. Prince

S.D.N.Y.: Court Denies Preliminary Injunction Against Photo-Sharing Website
DMCA Safe Harbor Protections Apply
Wolk v. Kodak Imaging Network


9th Cir.: Court Debates the Contours of Protected Speech in Overturning the Stolen Valor Act
Are Lies Worth Saving?
United States v. Alvarez


Cal. App.: California Appeals Court Dismisses “Libel in Fiction” Suit Over CSI Episode
Anti-SLAPP Public Interest Requirement Applies Broadly
Tamkin v. CBS Broadcasting Inc.

D. Colo.: Defamation, Section 1983 Claims Over Dateline NBC Investigation Dismissed With Prejudice
Statements About Annuity Sales to Seniors Were True; No State Action
Broker’s Choice of America, Inc. v. NBC Universal, Inc.

Okl. App.: Court Reinstates False Light Claim Over News Broadcast
News Lead-in Could Imply Plaintiff Is a “Terrorist”
Grogan v. KOKH

D.D.C.: Statements about Criminal Investigation Too Speculative to Support Defamation Liability
Statements Did Not Imply Verifiably False Facts
Mar-Jac Poultry, Inc. v. Katz

Wash. App.: Court Reverses $310,000 Jury Damage Award Over “Communist Sympathizer” Label
Protection for Statements in Political Debate; No Actual Malice
Tan v. Le

6th Cir.: Court Affirms Summary Judgment For Cleveland Scene In Public Official Libel Suit
Article Mocking “Bizarre Boy Mayor” Was Protected Opinion
Bentkowski v. Scene Magazine, aka Cleveland Scene et al.

Tex. Dist.: CBS And NBC Win Summary Judgment In Texas Defamation Case
True Accounts of Third-Party Allegations
Wills v. Lane, et al.

Mo. App.: Court Quashes Registration of Canadian Defamation Judgment Under SPEECH Act
Trial Court Failed to Test Foreign Judgment against SPEECH Act Requirements
Pontigon v. Lord


E.D. Pa.: Court Quashes Libel Plaintiff’s Subpoena to Non-Party Reporter
Discovery About Accurate Report Sought to Show Fault of Broadcaster
McBride v. KYW

S.D.N.Y.: Court Quashes Subpoena to Reporter in Fraud Suit Against Goldman Sachs
Investors Sought Reporter’s Testimony to Prove Negligence
In re Subpoena to Jesse Eisinger


N.J. Sup.: Bloomberg News Wins End to “Provisional Sealing” of Filings in Fraud Case
Sealing Violated Presumption of Public Access
Fairfax Financial Holdings v. S.A.C. Capital Mgt.

Mass.: High Court Holds Civil Commitment Proceedings Presumptively Open to Press and Public
Court Finds Tradition of Accessibility to Such Proceedings
Kirk v. Commonwealth


UK Government Releases Libel Reform Bill
What the Draft Bill Would Mean in Practice

UK: Phone-Hacking in the UK and Damages
Distinguishing the Truth from the Hyperbole


A Convenient Untruth
Ethical Dilemmas When You Suspect Your Client Will Testify Falsely
ABA Model Rule 3.3