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April 2013

MediaLawLetter March 2013


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MLRC’s First Conference on Hispanic and Latin American Media Law Issues


N.Y. App.: The Show Must Go On: New York Appellate Court Stays Unconstitutional Prior Restraint
Prisoner Sued to Stop Docudrama
Porco v. Lifetime Entertainment Services, Inc.


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)

Southern District Of Texas Dismisses Copyright Case Involving Romance Novel
Substantial Similarity Did Not Exist as a Matter of Law
Rucker v. Harlequin Enters. Ltd.


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


Surge in Proposed “Ag-Gag” Legislation Continues
Bills Seek to Prevent Photography or Recording That Exposes Operations at Farms and Agricultural Facilities


3d Cir.: Decision Outlines State Of Mind Requirement in Public Official Defamation-By-Implication Cases
Affirms Judgment in Favor of Virgin Islands Daily News
Kendall v. Daily News Publ’g Co.

Seventh Circuit Affirms Dismissal of Misappropriation Suit over Google Suggested Search Result
Suit Barred by Public Interest Exception; Use Was Incidental
Stayart v. Google

Tex. Dist.: Texas Libel Defendants Awarded Nearly $200,000 In Attorney’s Fees in Anti-Slapp Motion Win
Pro Bono Representation Not a Bar to Fee Award
Cruz v. Burnt Orange Report, et al.

7th Cir.: Court Affirms Dismissal of Claims against Paid Legal Research Website and Internet Search Engines That Link To Case Filings and Rulings
Defendants Entitled to Republishing Facts from Lawfully Obtained Judicial Records
Nieman v. VersusLaw, Inc.


D.D.C.: Dozens of Civil Rights-Era Files Will Be Released In Settlement of D.C. Freedom of Information Act Case
FBI Agrees to Release Ernest Withers Records
Memphis Publishing Company v. Federal Bureau of Investigation

N.D. Cal.: California Federal Judge Strikes Down Controversial NSL Gag Orders
Nondisclosure Requirements Violate the First Amendment
In re National Security Letter


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


Respectfully Submitted – The Duty to Cite Adverse Legal Authority
ABA Model Rule of Professional Conduct 3.3(a)(2)