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January 2015

MLRC Bulletin 2014 Issue 3

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MLRC Bulletin 2014 Issue 3

 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:…

Christmas Comes Early for Newsrooms: EU Privacy Working Group Says Newspapers’ Search Engines are not Subject to RTBF

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…

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When Your Past is Another’s Future: Orders Compelling the Removal of Defamatory Speech as Prior Restraints

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…

Establishing the Reach and Limits of CDA § 230: 2014 Year in Review

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…

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Righting the Law of Publicity: Why the Supreme Court Should Re-Visit the Zacchini Case

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…

2014 MLRC Copyright Roundtable

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…