MediaLawLetter Associate Edition 2012 Issue 2
Published June 2012 INTERNATIONAL LIBEL & PRIVACY UK: English Libel Changes: The Defamation Bill 2012Changes to English Libel Law Likely to Be Enacted Into Law By Next Year UK: Newspaper Wins Privacy / Harassment TrialCourt Gives Leeway to Report on Lives of Public FiguresTrimingham v. Associated Newspapers Ltd Canada: Supreme Court of Canada Rolls Out…
Digital Media In Focus at Fifth Annual “Legal Frontiers” Conference
On May 21 & 22, 2012, the Media Law Resource Center – in conjunction with Stanford Law School’s Center for Internet and Society – held its Fifth Annual “Legal Frontiers in Digital Media Conference,” showcasing new developments, and forecasts for the future, in digital media law. This years’ conference featured six sessions, spread over two…
Federal Court Rejects FOIA Request for Bin Laden Photos
Photos Were Properly Classified in Interest of National Security A FOIA request for the images taken by U.S. forces during the capture, killing and burial of Osama Bin Laden last year was appropriately denied by the CIA, a Washington D.C. district court ruled last month. Judicial Watch v. U.S. Department of Defense, (D.D.C. April 26,…
The Computer Fraud and Abuse Act Meets the Ninth Circuit
Act Does Not Criminalize Mere Misuse of Data or Infractions Against Terms Of Use By Jeremy D. Mishkin In a widely-anticipated opinion, the Court of Appeals for the Ninth Circuit – sitting en banc – has ruled that the Computer Fraud and Abuse Act (18 U.S.C. § 1030), a law which was originally enacted to…
Press Asserts Constitutional Right of Access to Guantanamo Commissions
First Time Media Permitted To Make Access Motion By Julia Atcherley In a major step forward, earlier this month a military commission for the first time recognized the right of the press to be heard in opposition to the closure of proceedings of a Guantanamo military commission. On April 11, 2012, David Schulz, of Levine…
Appropriation Artist Tests the Scope of ‘Fair Use’ With the Second Circuit
Volley of Questions for Both Sides in Oral Arguments Leaves Outcome Murky Left: image from Cariou’s “Yes, Rasta”; right: image from Prince’s “Canal Zone” catalogue By Itai Maytal Without signaling to either side any clear advantage, the Second Circuit Court of Appeals heard oral arguments last week in the appeal of appropriation artist Richard Prince…
US Supreme Court to Hear First Sale Copyright Doctrine Case
Does Doctrine Apply to Works Produced Abroad and Resold in the U.S.? The Supreme Court this month agreed to hear an appeal of a divided Second Circuit panel decision holding that the first sale doctrine does not apply to copyrighted works produced outside the U.S. but imported and resold here. Kirtsaeng v. John Wiley &…
Fourth Circuit Decision Sets Up Keyword Trademark Cases for Trial
Trial Required to Decide Trademark Infringement Evidence By Mark Sableman The Fourth Circuit’s first foray into keyword trademarks use, in Rosetta Stone. Ltd. v. Google, Inc., (April 9, 2012), provides a roadmap to those who, like the plaintiff, the Rosetta Stone language-learning company, challenge use of their trademarks as key words to trigger search-engine sponsored…
Second Circuit Reverses Troubling Federal District Court Decision Affecting the Rights of Copyright Owners to Combat Online Piracy
By Cliff Sloan and Chris Clark On April 5, 2012, in the closely watched case of Viacom v. YouTube, the Second Circuit vacated a federal district court decision granting summary judgment to YouTube and Google, and sent the case back to the district court for further proceedings. In its decision, the Second Circuit reversed a…
Shield Laws Down Under: Decision That Newspaper Divulge Sources Now on Appeal
By Peter Bartlett The Australian position regarding shield laws continues to be a subject of great debate, interest and change. Similarly to the MLRC in the United States, interest groups in Australia have been strong advocates for the introduction of comprehensive shield laws for many years, and have continued to lobby for the protection of…
Other Side of the Pond: Developments in UK and European Media Law
Scandalizing the Court; Access to Extradition Docs; Twiter Libel; ISP Liability and More By David Hooper A curious piece of litigation has arisen out of the memoirs published by a former Cabinet Minister Peter Hain in respect of his memoirs Outside In. He described his time serving as Secretary of State for Northern Ireland in…
Supreme Court of Canada Rolls Out Welcome Mat for Libel Tourists
Defamation “Occurs” When and Where Defamatory Statement Is Published to Third Party By Paul B. Schabas, Ryder Gilliland, Erin Hoult, and Max Shapiro The Supreme Court of Canada has released two decisions regarding assumed jurisdiction in defamation matters that leave the door to libel tourism wide-open in Canada. The two cases – Breeden v. Black,…
Newspaper Wins Privacy Trial
Court Gives Leeway to Report on Lives of Public Figures By David Hooper On 24 May 2012 an important judgment was given by Mr Justice Tugendhat in Trimingham v. Associated Newspapers Ltd [2012] EWHC1296. A claim had been brought by Carina Trimingham against the Daily Mail and Mail on Sunday for a series of articles…
English Libel Changes: The Defamation Bill 2012
Changes to English Libel Law Likely to Be Enacted Into Law By Next Year By David Hooper After an extensive period of consultation the British Government has this month introduced the Defamation Bill which will significantly reform English Defamation Law. It has to pass through its legislative stages in the House of Commons and House…