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January 2013

MediaLawLetter Associate Edition 2013 Issue 3



MLRC London Conference Explores International Media Law Developments
Delegates from Around the World Discuss Media Law and Policy Developments


5th Cir.: Appeals Court Applies SPEECH Act and Refuses to Enforce Canadian Defamation Judgment
First Appellate Court Ruling under New Law on Enforcement of Foreign Defamation Judgments
Trout Point Lodge, Limited v. Handshoe

Across the Pond: Updates on UK Media Law
Defamation Act, Leveson, Lance Armstrong and More


D.D.C.: Court Enjoins Internet Streaming Service
DC Becomes Second Court To Reject Technology-Based Exception To The Copyright Act
Fox Television Stations, Inc. et al. v. FilmOn X LLC

W.D. Wisc.: Wisconsin Federal Judge Finds Satirical T-Shirt of Mayor Is Fair Use
Use of Photo Was Transformative
Kienitz v. Sconnie Nation

W.D. Tex.: Aliens and Cowpokes Invade a Texas Federal Court
Hollywood Movie Did Not Infringe Self-Published Comic
Busti v. Platinum Studios

2d Cir.: Court Rules in Favor of Appropriation Artist Richard Prince
Transformative Use Based on Broad Suite of Aesthetic Considerations
Cariou v. Prince

N.D. Miss.: Court Dismisses Favorite Son Faulkner’s “Midnight in Paris” Infringement Suit
Estate Sued Over Single Line from Novel
Faulkner Literary Rights, LLC v. Sony Pictures Classics Inc.

Ninth Circuit Affirms Refusal to Enjoin Ad-Skipping Service
Decision Cabined by Deferential Standard of Review
Fox Broadcasting Company v. Dish Network LLC

S.D.N.Y.: When Amazon Becomes the Strand Bookstore
The ReDigi Case—Whether US Copyright Law Permits Resale of “Used” Digital Goods
Capitol Records, LLC v. ReDigi Inc.

N.D. Ind.: Free Speech in Gotham: First Amendment Protects Warner Bros. Against Trademark Claims Based on Fictional Software in The Dark Knight Rises
Helpful Guidance on Use of Fictional Products in Entertainment
Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

Second Circuit Reinstates “Own Your Power” Trademark Claims Against Oprah and Hearst
Fair Use Not Established as a Matter of Law on Motion to Dismiss
Kelly-Brown v. Winfrey

S.D.N.Y. Denies Class Certification in Mass Copyright Claim Against YouTube
Individualized Facts in Action Make Class Action Unsuitable
Football Ass’n Premier League Ltd. v. YouTube, Inc.


Fourth Circuit Reverses Order Allowing Reporter James Risen to Protect Source
Majority Rejects First Amendment and Common Law Privilege
United States v. Sterling (James Risen intervenor)

N.Y. App.: Divided First Department Says Strong Public Policy Favors Protecting Confidential Sources
But Will Not Save Fox News Reporter From Out of State Subpoena
In re Holmes v. Winter

D. Mass.: Court Awards Newspaper Legal Costs Incurred in Filing Motion to Quash Subpoena to Reporter
Subpoena a Transparent Fishing Expedition
Durand v. Massachusetts Dep’t of Health

N.Y. Sup.: Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal
Failed to Overcome Statute’s Three-Part Test
In re Wall Street Journal v. Adelson

S.D.N.Y.: Federal Court Quashes Subpoena Seeking Reporter’s Eye-Witness Testimony
Privilege Attaches to Non-confidential, Firsthand Observations
Lebowitz v. City of New York