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October 2015

MediaLawLetter September 2015

PUBLICATION:

in this issue

Illinois Federal Court Quashes Subpoena For News Outtakes

By Kenneth Schmetterer On April 7, 2015, Al Jazeera America (AJAM), a news organization based in New York City, aired a story on its “America Tonight” program that examined the risks of sexual abuse faced by child athletes. The piece focused on Spiro Lempesis, a former teacher and baseball coach, sued by two of his…

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Copyright Lawsuit Against Sir Mix-A-Lot Dismissed

Collaboration Not Enough to Be Joint Author of “Baby Got Back” By Judith A. Endejan On September 11, 2015, a Washington federal court dismissed a claim of joint copyright ownership brought by an alleged “collaborator to” “Baby Got Back,” a hit hip-hop song from the ’90s. Ford v. Ray, No. 15-cv-0432 (W.D. Wash.). Judge Robert…

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Ninth Circuit Rules in “Dancing Baby” Copyright Case

By Jeff Hermes In September, the Ninth Circuit issued its eagerly awaited ruling in the “Dancing Baby” case, Lenz v. Universal Music Corp., Nos. 13-16196 & 13-16107 (9th Cir. Sept. 14, 2015). This long-running case (originally filed in July 2007) delves into liability under 17 U.S.C. § 512(f) for issuance of a Digital Millennium Copyright…

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Update: S.D.N.Y. Limits Reach of TVEyes Fair Use Ruling

Not All Media Monitoring Functions Covered By Fair Use By Judith A. Endejan TVEyes monitors and records all content broadcast by more than 1400 television and radio stations 24 hours a day, 7 days a week. It then transforms this content into a searchable database for subscribers who pay $500 a month for the service….

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Washington Court Denies Backpage.com’s Section 230 Motion to Dismiss

Plaintiffs Sued Website for Sex Trafficking By Ambika Kumar Doran and Tom Wyrwich Although overwhelming authority affords websites broad immunity for content supplied by third parties under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, the Washington Supreme Court has held a plaintiff may evade the statute’s protections by alleging a website’s…

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Federal Court Dismisses Lawsuit Alleging Journalists Hacked Plaintiff’s Computers

Computer Fraud and Abuse Act and Stored Communications Act Claims By Thomas B. Sullivan Last month, Judge Lawrence E. Kahn of the Northern District of New York dismissed claims involving allegations that reporters and others had accessed the password-protected website of a controversial corporation without authorization, finding that the plaintiff had failed to file its…

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Sleepy Yankee Fan Loses Libel and Privacy Claims

A Bronx judge recently dismissed libel and privacy claims brought by a Yankee fan who sued after he was mocked on-air for falling asleep in the midst of a tense Yankee vs. Red Sox game. Rector v. Major League Baseball Advanced Media, ESPN New York et al., No. 303630/2014 (N.Y. Sup. Aug. 17, 2015) (Rodriguez,…

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Appellate Court Affirms Limited Nature of New York’s Right of Publicity Statute

Use of Video Clip in Comedy Segment Not for “Advertising or Trade” By Rachel Strom A New York appellate court recently affirmed the dismissal an action against Jimmy Kimmel and ABC, Inc. arising out of the use of a video of plaintiff during a segment of the Jimmy Kimmel Live! show.  Sondik v. Kimmel, 2013-07373…

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DC Circuit Clarifies FOIA Public-Interest and News-Media Fee Waivers

Decision Makes It More Difficult for Agencies To Deny Fee Waivers By Adrianna C. Rodriguez and Charles D. Tobin A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit rejected a lower court ruling under the Freedom of Information Act (FOIA) that had imposed burdensome requirements on a fledgling nonprofit’s…

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Mug Shots Redux in the Sixth Circuit: 20 Year Battle Continues

By Herschel P. Fink The long and hotly contested issue of whether mug shots are public records under federal FOIA in the Sixth Circuit appears headed for en banc review in that Court. On August 12, 2015, the Court affirmed a 2014 Eastern District of Michigan ruling in a third FOIA suit by the Detroit…

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From the Executive Director’s Desk – London Conference a Rousing Success

And Back in America, 50-State  Surveys to Come Out as E-Books By George Freeman As I wing my way back across the ocean, it seems pretty clear, based on the enthusiastic audience participation and the reaction and reviews of our registrants, that this week’s London Conference was – to use a favourite British adjective –…

MediaLawLetter September 2015

 Download Publication MLRC London Conference a Rousing SuccessAnd Back in America, 50-State Surveys to Come Out as E-Books ACCESS 6th Cir.: Mug Shots Redux in the Sixth Circuit: 20 Year Battle ContinuesPanel Calls for En Banc Review of Precedent Allowing Access to Mug ShotsDetroit Free Press v. DOJ D.C. Circuit Clarifies FOIA Public-Interest and News-Media…