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We provide you with essential tools to advance First Amendment and media rights, and a supportive community in which to discuss emerging legal issues and the future of communication.
Not a member yet?
We provide you with essential tools to advance First Amendment and media rights, and a supportive community in which to discuss emerging legal issues and the future of communication.
Download Publication 2014 MLRC Copyright RoundtableAndrew Bridges, Nancy Wolff, Christopher Bavitz, Dalia Topelson Ritvo, Andy Sellars, Vivek Krishnamurthy Righting The Law Of Publicity: Why the Supreme Court Should Re-Visit the Zacchini CaseBy Nathan Siegel Establishing the Reach and Limits Of CDA § 230: 2014 Year in ReviewBy Jack Greiner When Your Past Is Another’s Future:…
By Charles J. Glasser, Jr.* With Google being the main focus of the discussions about the ECJ’s infamous “Right to be Forgotten” (RTBF) ruling (Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos (AEPD), and Mario Costeja González)[1], news organizations’ lawyers have consistently overlooked the application of that law to their own…
By Jeff Hermes* Introduction One of the most challenging issues in modern defamation jurisprudence relates to the remedies available for defamatory statements that have been posted online. The democratization of speech via the Internet has given rise to a class of defamation cases against private individuals who, unlike most traditional media defendants, may lack insurance…
By Jack Greiner* In 2014, federal courts reviewed over 50 cases involving Section 230 of the Communications Decency Act (“CDA”). Familiar names, such as GoDaddy, Facebook, and LinkedIn, along with lesser known entities, have shaped the law. After such a busy year, there are several points of emphasis. Most notably, courts have generally refused to…
By Nathan Siegel* Although the right of publicity was first formally recognized as a distinct tort in 1953[1], for several decades the theory did not have a significant impact on the law. Successful claims typically involved either advertisements or items of merchandise, areas where the recognition of publicity rights generated little controversy.[2] Litigants did sometimes…
By Andrew Bridges, Nancy Wolff, Christopher Bavitz, Dalia Topelson Ritvo, Andy Sellars, Vivek Krishnamurthy* It is a common refrain that copyright issues are divisive in the media community. Even within individual organizations, one group might struggle with clearances and fair use determinations while another seeks to maximize protection for the company’s intellectual property. But there…