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June 2013

MediaLawLetter Associate Edition 2013 Issue 1



Canadian Supreme Court Upholds Hate Speech Law
Court Unanimously Upholds Provincial Human Rights Code Prohibiting “Hate Speech” against a Protected Group
Saskatchewan (Human Rights Commission) v. Whatcott

UK: Across the Pond: The Vanishing Freedom Of The Press In The United Kingdom
John Wilkes Make Way for Hugh Grant and Max Mosley

French Court Orders Twitter to Disclose Identity of Users Who Posted Offensive Messages
UEJF and others vs. Twitter Inc. and Twitter France

The Other Side of the Pond: Developments in UK and European Media Law
The Defamation Bill and Leveson, Contempt of Court and Archives, Liability of ISPs and More


S.D.N.Y.: Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use
Free Online Access to News Content Does Not Support Commercial Distribution of News Content
The Associated Press v. Meltwater

9th Cir.: Video Content Sharer Sails into Safe Harbor as Ninth Circuit Rejects Music Copyright Holder Claims
Court Rejects Strained Interpretations of the DMCA
UMG Recordings, Inc., et al. v. Shelter Capital Partners LLC.(Veoh)

Seventh Circuit Addresses Trademark Confusion Arising From Movie Title
Court Avoids Relying on Rogers Test; Focuses on Absence of Actual Confusion
Eastland Music Grp., LLC v. Lionsgate Entm’t, Inc.

S.D.N.Y.:  The True Meaning of ‘Service’: Media Entities Struggle With Court Interpretation of Twitter’s Terms of Service and What Services Getty Provides
Summary Judgment for Haiti Earthquake Photographer
Agence France Presse v. Morel

1st Cir.:  Photographic Memory: Docudrama’s Recreation of Photograph Not a Copyright Infringement
Court Analyzes Protection for News Photography
Harney v. Sony Pictures Television, Inc.

C.D. Cal.:  Hobbit Poaching Is Not Allowed: TRO Granted To Prevent Release Of “Age Of Hobbits”
Defendant Sought to Capitalize on Popular Film
Warner Brothers Entertainment v. The Global Asylum


S.D.N.Y.: Judge Quashes Subpoena Seeking Unused Footage from Ken Burns Documentary
Decision Reaffirms Qualified Privilege for Non-Confidential Source Material
In re McCray, Richardson, Santana, Wise and Salaam Litigation


MLRC’s First Conference on Hispanic and Latin American Media Law Issues
Legislative Affairs Committee Looking for New Members to Monitor and Report on Congress


Media Lawyers Under the Spotlight
The Leveson Report and Media Lawyers