MediaLawLetter January 2013
INTELLECTUAL PROPERTY
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
MLRC
2013 MLRC/Southwestern Law School 10th Annual Media and Entertainment Law Conference
LIBEL & PRIVACY
Iowa Expands Definition of “Media Defendant,” Retains Libel Per Se Cause of Action
Court Looks at Media vs. Nonmedia in the Digital Age
Bierman v. Weier
Seventh Circuit Affirms Dismissal of Privacy Suit Against Joan Rivers
Documentary Scene Not Private, Use Was Incidental
Bogie v. Rivers
Tex. App.: Univision Wins Texas SLAPP Law Appeal
First Appellate Decision on the Merits of the Texas Anti-SLAPP Statute
Avila & Univision Television Group, Inc. v. Larrea
Ninth Circuit Finds That SLAPPing Superman Can Be Subject to Immediate Review in Federal Courts
Denial of Anti-SLAPP Motion Is Appealable
DC Comics v. Pacific Pictures Corporation
ACCESS
Maine Supreme Judicial Court Intervenes on 24-Hours Notice to Stop Secret Jury Selection in “Zumba” Prostitution Case
Decisive Action to Enforce and Apply Press-Enterprise I
In Re Maine Today Media, Inc.
S.D.N.Y.: Judge Denies NYT Access to DOJ’s Legal Memos About Drone Strikes
Exemptions for Classified and Deliberative Documents Applied
New York Times Co. v. United States DOJ
Maryland State Education Board Reaffirms Legal Notice Advertising Law
Decision Bolsters Public Interest in Newspaper Industry
Dunloy Townhome Condominium, Inc. v. Baltimore County Board of Education
INTERNET
California Attorney General Cracks Down on Apps That Fail to Comply With Privacy Law
FIRST AMENDMENT
California Issues Important Ruling on Labor Speech Rights of Unions on Private Property
Ralphs Grocery Could Lead to a Review of the Issue by the U.S. Supreme Court
Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8
ETHICS
Revisiting the 2003 Ethics Corner: Surreptitious Taping by Lawyers
Hidden Taping by Lawyers and Advice About Such Secret Taping