MediaLawLetter July 2009

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COPYRIGHT

S.D.N.Y.: Court Enjoins U.S. Publication of “60 Years Later: Coming Through The Rye”
Second Circuit to Hear Expedited Appeal in Copyright Infringement Case
Salinger v. Colting, et al.

C.D. Cal.: Court Summarily Dismisses Claim That Las Vegas Series Infringed Plaintiffs’ Movie Script, Television Treatment
No Substantially Similarity
Camhe v. DreamWorks LLC

INTERNET

Cal. App.: Assault and Immunity
Court Applies Section 230 Immunity To Assault Claim Against MySpace
Doe v. MySpace

LIBEL & PRIVACY

Haw. App.: Hawaii Intermediate Court of Appeals Rules Serial Murder Suspect Not Libeled
Truth Defense Applied to Report of Allegations
Wilson v. Freitas

N.Y. App.: New York Appellate Court Grants Summary Judgment to New York Post
There Is Nothing Wrong With Having Sexual Fantasies
Cordero v. NYP Holdings, Inc.

N.J. Sup. Ct.: Court Grants Summary Judgment Dismissing Donald Trump’s Defamation Claim Against Book Author and Publisher
No Actual Malice in Statements About Trump’s Wealth
Trump v. O’Brien

Ga. Sup. Ct.: Georgia TV Station Wins Summary Judgment
News Broadcast Was True; Plaintiff Failed to Show Fault
Godfrey v. Cobb County, et al.

Mass. Sup. Ct.: College Basketball Coach Not a Public Figure For Libel Suit Over Dismissal
Private Figure Despite High Profile in Community
Ackerman v. Paulauskas, et al.

M.D. Tenn.: Fair Report Privilege Protects TV News Station in Case of Mistaken Identity
Fugitive Roundup Arrested Wrong Woman
Milligan v. U.S., et al.

D.N.J.: Jury Awards $17,000 to Employees for Privacy Violation
Managers Accessed Private MySpace Group with Employees’ Gripes
Pietrylo v. Hillstone Restaurant Group

INTERNATIONAL

England: Newspaper Publisher Plaintiff Pulverised In Libel Claim
Judge Eady’s Exclusion Of Evidence Ruled Manifestly Unjust
Desmond v. Bowers

UK & Europe: The Other Side of the Pond: Developments in UK and European Media Law
Google Not Liable for Search Results; Access to Courts; Regulatory Developments
Metropolitan International Schools Limited v. Designtechnica Corp., Google

Ireland: Irish Defamation Act 2009 Finally Enacted
Important Procedural Changes And Some Changes To The Substantive Law

REPORTERS PRIVILEGE

M.D. Tenn.: Court Holds that it Would Be “Particularly Inappropriate” to Allow Deposition of Reporter
Court Concludes that it Must Guard Against Setting Precedent
Johnson v. The Metropolitan Government of Nashville and Davidson County

N.J. Sup. Ct.: Blogger Found Not Protected By Newspersons Privilege
Internet Defamation May Rely Solely upon Presumed Damages
Too Much Media LLC v. Hale

ACCESS

S.D. Tex.: Texas Clerk Required to Provide Same Day Access to Civil Court Filings Under First Amendment
Two To Five Day Delays In Access Are Effectively Denials Of Access
Courthouse News Service v. Jackson

ETHICS

I Want to be Your “Friend”
What Constitutes Misconduct under Rule 8.4 by a Lawyer Who Just Wants to Gather Information for a Case?