MediaLawLetter April 2013

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INTELLECTUAL PROPERTY

U.S.: Circumventing or Circumnavigating the Law? 
The Supreme Court Allows First Sale Doctrine Defense
Kirtsaeng v. John Wiley & Sons, Inc.

Second Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case
Plaintiffs in Aereo Case to Seek Rehearing En Banc
Aereo v. WNET

Ninth Circuit Upholds Liability of BitTorrent Website for User Copyright Infringement
Clarifies Inducement Liability Standard and Interaction with the DMCA
Columbia Pictures Industries, Inc. v. Fung

9th Cir.: Use of Ed Sullivan Clip in Jersey Boys Musical a Fair Use
Attorney’s Fees Award Justified
Sofa Entertainment, Inc. v. Dodger Productions, Inc.

REPORTERS PRIVILEGE

N.J. Sup.: Citizen Journalist Covered By New Jersey Shield Law
Blogger Wins Privilege Claim in Trial Court Ruling
In re Grand Jury Subpoena

LIBEL & PRIVACY

Ninth Circuit Judges Question Application of California Anti-SLAPP Statute in Federal Court
Judges Kozinski, Paez Say Circuit Precedent Was Wrongly Decided
Makaeff v. Trump University

Georgia Supreme Court Expands “Appropriation of Likeness” Tort in Girls Gone Wild Lawsuit
Far Ranging Analysis of “Appropriation of Likeness” Claims under Georgia Law
Bullard v. MRA Holding LLC et al.

Mass. Super.: Rocker Tom Scholz’ Defamation Lawsuit Against Boston Herald Dismissed
Claimed Articles Blamed Him for Bandmate’s Suicide
Scholz v. Boston Herald, Inc. et al.

Michigan Court Of Appeals Takes A Pass On Dendrite—At Least For Now
Defamation Law Provided Ample Protection for Anonymous Speaker
Thomas M. Cooley Law School v John Doe I

E.D.N.C.: North Carolina Federal Court Applies Single Publication Rule to the Internet
First Decision in the Fourth Circuit on the Issue
Johnson v. The City of Raleigh, et al.

S.D. Fla.: Federal Judge Vacates Prior Restraint In Lawsuit By Haiti’s Prime Minister
Complaint Dismissed for Failure to Plead Actual Malice, With Leave to Replead
Baker v. Haite-Observateur

N.J. App.: New Jersey Court Affirms Post-Trial Libel Injunction
Permanent Injunction Bars Businessman from Publicly Speaking about Another Businessman
Chambers v. Scutieri

Tenth Circuit Affirms Summary Judgment in Libel Case Against Documentary Filmmaker
Insufficient Evidence of Actual Malice
Spacecon Specialty Contractors v. Bensinger

SUPREME COURT

Supreme Court to Court to Consider Application of Calder “Effects Test” 
Non-media Fourth Amendment Case May Have Implications for Media Litigation
Fiore v. Walden

ACCESS

Colo. Dist.: New Judge Unseals Probable Cause Affidavits In Aurora Theater Shooting Case
First Amendment Rights Outweigh Countervailing Interests In Secrecy
People v. Holmes

Military Appeals Court Declines to Rule on Request for Access To Bradley Manning Court Martial
Lack of Statutory Jurisdiction
Center for Constitutional Rights et al. v United States,

D.C. Circuit Clarifies FOIA Procedure
Eases Ability to File Lawsuit for Failure to Respond
Citizens for Responsibility and Ethics in Washington v. Federal Election Commission

COMMERCIAL SPEECH

Virginia Supreme Court Rules Lawyer Blog Is Commercial Speech
Finds Substantial Interest in Regulating Potentially Misleading Lawyer Blogs
Hunter v. Virginia State Bar

INTERNATIONAL

UK: Supreme Court Says Meltwater Users Not Copyright Infringers
Case Referred to the European Court of Justice
PRCA v Newspaper Licencing Agency

ENTERTAINMENT

W.D. Wash.: Jury Finds For IMDB.Com, Ending Actress’s Suit Over Disclosure of Her Age
Rejects Breach of Contract Claim over Disclosure
Hoang v. IMDB.com