MediaLawLetter September 2015

London Conference a Rousing Success
And 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 Continues
Panel Calls for En Banc Review of Precedent Allowing Access to Mug Shots
Detroit Free Press v. DOJ
D.C. Circuit Clarifies FOIA Public-Interest and News-Media Fee Waivers
Decision Makes It More Difficult for Agencies To Deny Fee Waivers
Cause of Action v. Federal Trade Commission
LIBEL & PRIVACY
N.Y. App.: 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”
Sondik v. Kimmel
N.Y. Sup.: Sleepy Yankee Fan Loses Libel and Privacy Claims
Broadcasters Not Liable for Third Party Comments
Rector v. Major League Baseball Advanced Media, ESPN New York et al.
N.D.N.Y.: Court Dismisses Lawsuit Alleging Journalists Hacked Plaintiff’s Computers
Computer Fraud and Abuse Act and Stored Communications Act Claims
NXIVM Corp. v. Foley et al.
INTERNET
Wash.: Court Denies Backpage.com’s Section 230 Motion to Dismiss
Plaintiffs Sued Website for Sex Trafficking
J.S. v. Village Voice Media Holdings, LLC
INTELLECTUAL PROPERTY
S.D.N.Y.: Court Limits  Reach of TVEyes Fair Use Ruling
Not All Media Monitoring  Functions Covered By Fair Use
Fox News Network LLC v. TVEyes, Inc.
Ninth Circuit Rules in “Dancing Baby” Copyright Case
Fair Use Must Be Considered Before Sending Takedown Notices
Lenz v. Universal Music Corp.
W.D. Wash.: Copyright Lawsuit Against Sir Mix-A-Lot Dismissed
Collaboration Not Enough to Be Joint Author of “Baby Got Back”
Ford v. Ray
REPORTERS PRIVILEGE
N.D. Ill.: Illinois Federal Court Quashes Subpoena For News Outtakes
Forced Disclosure Under IRPA a Last Resort
Kelley v. Lempesis