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June 2013

MediaLawLetter May 2013


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Sixth Annual Legal Frontiers in Digital Media Conference
Managing a Data Breach, Privacy Class Actions, IP and Business Issues, Perspectives from Venture Capitalists and more


3d Cir.: Court Reinstates Right of Publicity Suit Over NCAA Football Video Game
Use Was Not Transformative to Defeat Claim
Hart v. Electronic Arts

Wash.: Court Reinstates Libel Damage Award Over Communism Allegation
Statement Held Not Opinion or Protected Political Speech
Duc Tan vs. Le

N.D. Ill.: Bomb Bystander’s False Light Fizzles
TV Reenactment Was Accurate and Not Defamatory
Butler v. Discovery Communications LLC

S.D.N.Y.: Court Grants Summary Judgment in Libel Case Arising Out of Michael Lewis’s The Big Short
Opinion, Substantial Truth, Lack of Defamatory Meaning Defeat Claim
Chau v. Lewis

N.Y. Sup.: Court Dismisses Libel and Related Claims Against Vanity Fair
Plaintiff Failed to Plead Falsity or Fault
Cassini v. Advance Publications, Inc.

Ill. Cir.: Summary Judgment for Chicago Tribune in Mistaken Identity Defamation Case
Lack of Evidence of Actual Malice
Rivera v. Gibson

Tex. App.: Texas Newspaper and Source Win Anti-SLAPP Motion on Appeal
Plaintiffs Failed to Show Prima Facie Case
Newspaper Holdings, Inc. v. Crazy Hotel Assisted Living, Ltd.

Tex.: Not Defamatory Per Se to Question Doctor’s Truthfulness
Truthfulness Not Peculiar or Unique to Being a Physician
Hancock v. Variyam

Illinois Circuit Court Grants Summary Judgment in “Wrong Picture” Defamation
Fair Report Privilege Applied
Buchanan v. ChicagoLand Television News

Wash.: State Enacts Uniform Correction and Clarification Law
Expressly Applies to Electronic Publications
ESB 5236


Hawaii Shield Law Set to Lapse on June 30th Under Sunset Provision
Legislature Fails to Agree on Renewal


U.S.: Supreme Court Upholds Virginia’s Citizen-Requester Only FOIA Provision
Not Even Nate Silver Could Have Predicted This
McBurney v. Young

Virginia Supreme Court Set to Interpret Cameras-In-Courtroom Law
Media Seek Broad “Good Cause” Standard
Virginia Broadcasting Corp. v. Commonwealth of Virginia

D.C. Cir. Affirms Bin Laden Death Photos Exempt From FOIA Disclosure
Properly Withheld to Prevent Violence Against America
Judicial Watch v. Department of Defense


Copyright, Fair Use & Orphan Works
Legal Conundrums in the Use and Misappropriation of Photographs and Visual Images

9th Cir.: Court Affirms that Righthaven Lacks Standing to Pursue Copyright Claims
Declines to Rule on Fair Use Defense
Righthaven LLC v. Hoehn

S.D.N.Y.: YouTube Wins Summary Judgment Again in Battle with Viacom
Video Sharing Platform Protected by DMCA Safe Harbor Provision
Viacom Int’l Inc. v. YouTube, Inc.


England: The New Defamation Act 2013
What Difference Will It Really Make?


Ethics Corner Special: The Legal Ethics of Social Networking
(Part I of II)