MLRC Annual Meeting Reviews Accomplishments and Plans for Next Year
The Annual Meeting of the Media Law Resource Center, Inc. was held on November 11, 2015 at the Grand Hyatt New York. Board Chair Lynn Oberlander called the meeting to order. Elections of Directors The membership elected Randy L. Shapiro, of Bloomberg L.P. to the Board, to serve a two year term starting January 2016….
Across the Pond: Updates on UK and European Media Law
Contempt of Court, ECHR and Privacy, Responsible Journalism Defense By David Hooper GQ Profile of Phone Hacking Trial a Contempt of CourtHer Majesty’s Attorney General – And – Condé Nast Publications Limited Between October 2013 and June 2014 the criminal trial took place of a number of employees of News International accused of being involved…
Photos of Children in California a Misuse of Private Information & Breach of Data Protection When Published in England
By David Hooper In October 2012 photos were taken by a paparazzi photographer in Santa Monica, California of the British musician Paul Weller – a former member of The Jam and Style Council and his 16 year old daughter Dylan and 10 month old twins John Paul and Bowie under the headline that they were…
Polish Blasphemy Law Declared Constitutional
Missed Opportunity to Protect Freedom of Expression in Poland By Dominika Bychawska-Siniarska In one of her interviews, a famous Polish pop singer called Doda stated provocatively that she “believes more in dinosaurs than the Bible” and that “the Bible was written by some guys drunk with wine and smoking some stuff.” She was prosecuted under…
Court Upholds Advertising Proposal Use of Photos as Fair Use
By Mark Sableman A long-standing practice of the advertising industry of using low-resolution photos in proposals for clients is fair use and hence not copyright infringement, according to a recent decision, Kennedy v. Gish Sherwood & Friends, Inc., 2015 WL 6750814 (E.D. Mo. Nov. 5, 2015). The case focused on “comp use,” the advertising industry’s…
Second Circuit Rules in Favor of Author of “Point Break” Parody
Unauthorized Parody Protected By Copyright Law By Steven Paradise and Laurel S. Fensterstock On October 30, 2015, the United States Court of Appeals for the Second Circuit, in Keeling v. Hars, No. 13-694-cv (2d Cir. Oct. 30, 2015), affirmed a judgment on a copyright claim obtained in the United States District Court for the Southern…
Florida Appellate Court Reverses Order Compelling Economic Development Commission to Disclose Records
By Robert L. Rogers, III A Florida appellate court has reversed a trial court’s order compelling an economic development commission to publicly disclose its records, on grounds that the trial court applied the wrong test to determine that the commission acted on behalf of a Florida county and was therefore subject to Florida’s Public Records…
Virginia Federal Court Dismisses Libel Complaint Against Forbes Contributor
Complaint Failed Iqbal/Twombley Test; Article Was Substantially True and Opinion By Charles J. Glasser, Jr. Judge Liam O’Grady of the Eastern District of Virginia dismissed a libel complaint against Dolia Estevez, a Forbes contributor, who was sued by Alejandra Sota, who was a spokesperson for former Mexican President Felipe Calderón. Sota v. Estevez, No. 1:15…
Connecticut Court Holds That First Amendment Protects Posting of Missing Person Flyers
By William S. Fish, Jr. The Connecticut Supreme Court recently discussed the interplay between the First Amendment and the claim of intentional infliction of emotional distress. Gleason v. Smolinski, 2015 Conn. LEXIS 341 (2015). Relying upon Snyder v. Phelps, 562 U.S. 443 (2011), the Court held that the defendants’ conduct of posting missing person flyers…
Pennsylvania Supreme Court Reinstates Verdict In Favor Of Media Defendants
Decision Ends Long-Running Newspaper Libel Case By Kevin C. Abbott and Justin H. Werner The Pennsylvania Supreme Court this month put an end to a long-running defamation action concerning a series of articles discussing the searches and investigation of plaintiffs and their ties to organized crime. Following a new trial that the Supreme Court ordered…
2015 Annual Dinner: A Night at the Movies
Lively Panel Discusses Journalism, Law and Film Panelists left to right: Marty Baron, Cynthia McFadden, Erin Lee Carr and Victor Kovner After cocktails, appetizers, a rich dinner, and perhaps a few handfuls of popcorn, the more than 600 guests at the MLRC Annual dinner may be forgiven for groaning a bit at the program’s opening…
Free Speech in Jeopardy on Campuses
From the Executive Director’s Desk I went to college in years of great turmoil, 1967-71. We protested the war in Vietnam, demonstrated for civil rights, argued with administrators (and family) about drugs, sex, rock ‘n roll, length of hair, and held sit-ins, moratoria, and happenings. I’ve often said that one of the luckiest breaks I’ve…
MediaLawLetter November 2015
Download Publication MLRC From the Executive Director’s DeskFree Speech in Jeopardy on Campuses 2015 Annual Dinner: A Night at the MoviesLively Panel Discusses Journalism, Law and FilmMLRC Annual Meeting Reviews Accomplishments and Plans for Next Year LIBEL & PRIVACY Pennsylvania Supreme Court Reinstates Verdict In Favor Of Media Defendants Decision Ends Long-Running Newspaper Libel CaseJoseph…