Philippines Enacts Cybercrime Law Making Online Libel a Crime
By Harry Roque On September 12, Philippines President Benigno Aquino III signed a controversial new law, the Cybercrime Prevention Act of 2012. The bulk of the new law deals with the protection of computer systems and deterrence of computer hacking. However, a more controversial section makes online libel a new cybercrime. This portion of the…
MediaLawLetter Associate Edition 2012 Issue 3
INTERNATIONAL LIBEL AND PRIVACY Irish High Court Quashes Deposition Subpoena for U.S. LitigationJournalist & Expert Privilege: Requirement for Deposition Not Convincingly EstablishedCornec v. Morrice French Court Prohibits Further Publication of Topless Kate Photos by Closer Magazine Philippines: New Cybercrime Law Makes Online Libel a CrimeLaw Contains Tough New Punishments for LibelCybercrime Prevention Act of 2012…
Unanimous Supreme Court Invalidates FCC’s “Fleeting Expletives” Indecency Decisions and Denies Review of Invalidated Super Bowl Fine
New Policy Was Too Vague to Put Broadcasters on Notice By Robert Corn-Revere and Ronald G. London On June 21, 2012, the U.S. Supreme Court decided FCC v. Fox Television Stations by holding that Federal Communications Commission (FCC) decisions targeting “fleeting” broadcasts of allegedly indecent material were unconstitutional under the Due Process Clause. The decision reviewed FCC…
Supreme Court Strikes Down Stolen Valor Act
By Tom Clyde When the tsunami of reporting on the U.S. Supreme Court’s recent health care decision subsided, another newsworthy decision issued on June 28, 2012, rose to the surface. In United States v. Alvarez, the Supreme Court struck down the Stolen Valor Act in a group of opinions that examined the constitutional value –…
Online Streaming of Television Programming Not a “Cable System” Under Copyright Act
Second Circuit Affirms Preliminary Injunction The Second Circuit, late last month, held that ivi, Inc. (“ivi”), a company that streams television programming live and over the Internet, is not a “cable system” under §111 of the Copyright Act of 1976. WPIX, Inc. et al v. ivi, Inc., No. 11-788-cv, 2012 U.S. App. LEXIS 18155 (2d…
Trademark Lawsuit Over Hangover II Dismissed
Images of Knock-off Bag Not Actionable A New York federal district court this month held that the use of a knock-off Louis Vuitton (LV) bag in “The Hangover” movie sequel was protected by the First Amendment, and therefore did not violate LV’s trademark rights. Louis Vuitton Malletier S.A. v. Warner Brothers Entertainment Inc., 2012 WL…
Google Books Update: S.D.N.Y. Denies Google’s Motion to Dismiss, Grants Class Certification to Authors Guild
Fair Use Decision Likely By Ryan Fox In the latest development in the Authors Guild v. Google litigation, Judge Denny Chin, sitting by designation, denied Google’s motion to dismiss the copyright infringement claims against it in the Southern District of New York, and granted the Authors Guild’s motion for class certification. Authors Guild v. Google,…
Artist’s Depictions of College Football Team Protected By First Amendment
Expressive Right Trumps Trademark Claim In June, the Eleventh Circuit Court of Appeals held that unlicensed artistic depictions of a university football team in paintings, prints, and calendars did not violate the Lanham Act because they were protected by the First Amendment. Univ. of Ala. Bd. Of Trs. v. New Life Art, Inc., 2012 WL…
Louis Vuitton Wins Trademark Dilution Claim Against Hyundai
Court Rejects Fair Use Defense for Social Commentary in Ad A New York federal district court recently granted summary judgment to Louis Vuitton (“LV”), the luxury French fashion house, on trademark dilution claims against Hyundai over the use of LV’s “toile monogram” in a television advertisement. Louis Vuitton Malletier, S.A. v. Hyundai North America (S.D.N.Y….
Seventh Circuit Vacates Injunction Against Video Bookmarking Website
Links to Pirated Videos Not Contributory Infringement The Seventh Circuit this month held that a “social bookmarking” website that allows users to post links to online videos is not liable for contributory copyright infringement if the bookmarks link to pirated videos. FlavaWorks, Inc. v. Gunter, No. 11-3190, 2012 U.S. App. LEXIS 15977 (7th Cir. Aug….
Tabloid’s Publication of Secret Celebrity Wedding Photos Not Fair Use
A divided three-judge panel of the Ninth Circuit this month held that the publication of celebrity wedding photos by a Spanish-language gossip magazine was not a fair use under the Copyright Act. Monge et al. v. Maya Magazines, Inc., No. 10-56710, 2012 U.S. App. LEXIS 16947 (9th Cir. Aug. 14, 2012) (McKeown, Smith, Brewster, JJ)….
Sixth Circuit Affirms Copyright Infringement Verdict against Hustler Magazine
Embarrassing Photo of News Anchor Not Transformative The Sixth Circuit this month affirmed a $135,000 jury verdict against Hustler magazine for copyright infringement for publishing a photograph of an Ohio news anchor participating in a “wet t-shirt” contest. Balsley v. LFP, Inc., No. 11-3445, 2012 U.S. App. LEXIS 17187 (6th Cir. Aug. 16, 2010) (Guy,…
Australia Tightens Controls on Corporate Use of Social Media
Corporations May Be Liable for User Postings By Nicholas Liau & Paul Kallenbach A number of recent Australian decisions have considered the issue of companies’ liability for users’ social media postings. In short, it is possible that a company will be held liable for its users’ postings in some circumstances. Allergy Pathway In 2011 in…
Drones: The Final Frontier in Privacy Rights?
By Mickey H. Osterreicher While the use of drones by the military is nothing new, discussion of this technology is becoming more frequent and even became part of the last Presidential debate. Simply stated, an unmanned aerial vehicle (UAV), more commonly called a drone, is an apparatus that flies through the air with no pilot…
Inter-American Court Issues First Press Privacy Decision
Newspaper Reports About President’s Private Life Protected By Eduardo Bertoni Late last year, the Inter-American Court of Human Rights issued its decision in the press privacy case of Fontevecchia and D´Amico v. Argentina, deciding that press reports about the private life of a public official were protected as matters of public concern. Background In September…
French Court Prohibits Further Publication of Topless Kate Photos by Closer Magazine
By Jean-Frederic Gaultier For several days in mid-September, the English media was filled with headlines about French celebrity magazine Closer’s publication of topless pictures of the Duchess and Duke of Cambridge, though emotion mainly concerned those pictures of the Duchess. Many reporters wondered how this could be authorized, whether it could it be prohibited, and…
Irish High Court Quashes Deposition Subpoena for U.S. Litigation
Journalist & Expert Privilege: Requirement for Deposition Not Convincingly Established By Kieran Kelly and Ronan Lupton The Irish High Court this year held that an ex parte application to depose witnesses, made on behalf of a Defendant to proceedings in the District Court of Colorado requiring witness testimony had not been convincingly established on its…