MediaLawLetter January 2009

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MLRC

Fast Times in Hollywood: MLRC / Southwestern Law School Conference
Keeping Up With Cutting Edge Issues in Entertainment and Media Law

MLRC London Conference 2009
October 1-2, Stationers’ Hall; Save the Date

LIBEL / PRIVACY

Dist. Okla.: Jury Returns Verdicts for Two Oklahoma City Television Stations
Plaintiff Sued Over Broadcast of Surveillance Video
Stewart v. NYT Broadcast Holdings, LLC and Griffin Communications, LLC

Mass. Sup. Ct.: Court Officer Wins Libel Trial Against Newspaper
Newspaper Accused Plaintiff of Not Helping Disabled Man
Mazetis v. Enterprise Publishing LLC

Mo. App.: Missouri Appeals Court Recognizes False Light
Court Cites Widespread Use of Internet as Factor in Recognizing Tort
Meyerkord v. The Zipatoni Co.

D. Haw.: Portions of Surf Legend’s Libel and False Light Case Survive Summary Judgment
Claim That Authors Fabricated Article and Interviews Creates Issue of Actual Malice
Chapman v. Journal Concepts, Inc., et al.

11th Cir.: Court Sends Libel Suit against NY Mayor Back to Georgia State Court
Concerned Over Federal Court Jurisdiction Over Defamation Claims
Adventure Outdoors, Inc. v. Bloomberg, et al.

D. Ore.: Oregon Court Applies Anti-SLAPP Statue to Strike Suit Against Online Critics
Website Protected By Section 230
Higher Balance, LLC v. Quantum Future Group, Inc.

N.D. Cal.: Complaint Against Google for Third-Party Ads Dismissed Under Section 230
But Plaintiff Allowed to Amend to Allege Google “Created” Content
Goddard v. Google, Inc.

N.D. Tex.: Texas Court Construes Roommates Narrowly
Section 230 Protects Consumer Complaint Sites
GW Equity LLC v. Xcentric Ventures, LLC

COPYRIGHT

S.D.N.Y.: Landmark Settlement in Authors Guild et al v. Google Class Action
Authors, Publishers, and Google Reshape Digital Publishing and Online Access to Books
Authors Guild et al. v. Google

E.D. Tex.: Jury Finds No Copyright Infringement By Tyler Perry
Plaintiff Claimed “Dairy of a Mad Black Women” Was Based on Her Play
West v. Perry

S.D.N.Y.: French Plaintiffs Denied Summary Judgment in Copyright Enforcement Action
Fair Use Issues Under American Law Require Trial
Sarl Louis Feraud Intern. v. Viewfinder, Inc.

ACCESS / FREEDOM OF INFORMATION

2d Cir.: Second Circuit Applies Expansive Privacy Exemption to Deny FOIA Requests
Denies Requests for Commutation Petition and Guantanamo Data
Associated Press v. U.S. Dept. of Justice; Associated Press v. U.S. Dept. of Defense

2d Cir.: Second Circuit Reviews Patriot Act Rules on Disclosure of National Security Letters
Certain Nondisclosure Rules Violate the First Amendment
John Doe, Inc. et al. v. Mukasey

Pa.: City Officials’ Itemized Cell Phone Records Not Public Under Right To Know Act
Privacy Interest Bars Disclosure
Tribune Review Publishing Co. v. Bodack

N.J. App.: New Jersey Governor’s Emails to Girlfriend Protected by Executive Privilege
Concerns Over Labor Negotiations Insufficient Reason to Overcome Privilege
Wilson v. Brown

NEWSGATHERING

D. Mass.: RIAA Challenges Order Allowing Webcast in File Sharing Case
First Circuit to Hear Request for Mandamus Relief
Capitol Records, Inc. v. Alaujan

LEGISLATION

Legislative Update: Independent Contractor Bills Expected in 2009
Would Reclassify Certain Independent Contractors as Employees

COMMERCIAL SPEECH

N.J.: New Jersey Supreme Court Vacates Opinion Prohibiting Attorney Ads Referring to Listing in “Super Lawyers” or “Best Lawyers in America”
In re Opinion 39 of the Committee on Attorney Advertising

ETHICS

Law Practice Acquisitions And Conflicts Of Interest
Some Special Problems Raised By Class Actions