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Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

DWT Media Law August 18, 2016 Comments Off on Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

By Lance Koonce Retcon /retkän/: Abbreviation of “retroactive continuity”; “Revise (an aspect of a fictional work) retrospectively, typically by introducing a piece of new information that imposes a different interpretation on previously described events.”

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Streaming Video of Oral Arguments: Now Live in California… and Then Everywhere Else?

Streaming Video of Oral Arguments: Now Live in California… and Then Everywhere Else?

DWT Media Law August 17, 2016 Comments Off on Streaming Video of Oral Arguments: Now Live in California… and Then Everywhere Else?

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The Test of Time: 
Section 230 of the Communications Decency Act Turns 20

The Test of Time: 
Section 230 of the Communications Decency Act Turns 20

DWT Media Law August 9, 2016 Comments Off on The Test of Time: 
Section 230 of the Communications Decency Act Turns 20

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The Wild, Distributed World: 
Get Ready for Radical Infrastructure Changes, from Blockchains to the Interplanetary File System to the Internet of Things

The Wild, Distributed World: 
Get Ready for Radical Infrastructure Changes, from Blockchains to the Interplanetary File System to the Internet of Things

DWT Media Law August 3, 2016 Comments Off on The Wild, Distributed World: 
Get Ready for Radical Infrastructure Changes, from Blockchains to the Interplanetary File System to the Internet of Things

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Ninth Circuit Finds First Amendment Protects Against Right-of-Publicity Claim Involving Film “The Hurt Locker”

Ninth Circuit Finds First Amendment Protects Against Right-of-Publicity Claim Involving Film “The Hurt Locker”

DWT Media Law July 29, 2016 Comments Off on Ninth Circuit Finds First Amendment Protects Against Right-of-Publicity Claim Involving Film “The Hurt Locker”

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Documentary Interviewee Hit with Sanctions for Making False Allegations Against Center for Investigative Reporting

Documentary Interviewee Hit with Sanctions for Making False Allegations Against Center for Investigative Reporting

DWT Media Law July 26, 2016 Comments Off on Documentary Interviewee Hit with Sanctions for Making False Allegations Against Center for Investigative Reporting

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Fair Use, Viral Videos, and Correcting the Record About the Jukin Case

Fair Use, Viral Videos, and Correcting the Record About the Jukin Case

DWT Media Law July 14, 2016 Comments Off on Fair Use, Viral Videos, and Correcting the Record About the Jukin Case

By Jason Harrow While fair use has recently evolved in a way that has been, for the most part, increasingly hospitable to commentators, critics and appropriation artists, it remains an area in which there

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In-House Insider: 
Medium

In-House Insider: 
Medium

DWT Media Law July 5, 2016 Comments Off on In-House Insider: 
Medium

By Jaya Kasibhatla Medium was launched in August 2012 by Twitter co-founder Evan Williams as a way for social media users to publish ideas and stories. Over the past few years, Medium has quickly

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Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

DWT Media Law June 28, 2016 Comments Off on Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

By Jim Rosenfeld and George Wukoson The U.S. Court of Appeals for the Second Circuit’s June 16, 2016, decision in Capitol Records, LLC v. Vimeo, LLC was a victory for internet service providers who

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State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

DWT Media Law July 30, 2015 Comments Off on State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

By Bruce E. H. Johnson, Eric M. Stahl, and Ambika Kumar Doran The Washington Supreme Court in May struck down that state’s 2010 anti-SLAPP statute, holding in a unanimous opinion that the law violates

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The 9th Circuit Rights the Balance Between Copyright Law and the First Amendment

The 9th Circuit Rights the Balance Between Copyright Law and the First Amendment

DWT Media Law July 22, 2015 Comments Off on The 9th Circuit Rights the Balance Between Copyright Law and the First Amendment

By Brendan Charney, Dan Laidman, and Kelli L. Sager The 9th Circuit has dissolved a sweeping preliminary injunction that had ordered Google to take down copies of “Innocence of Muslims,” an anti-Islam film trailer that

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Elonis v. United States: So What’s a True Threat?

Elonis v. United States: So What’s a True Threat?

DWT Media Law July 21, 2015 Comments Off on Elonis v. United States: So What’s a True Threat?

By Diana Palacios The Supreme Court has skirted a difficult question once again, leaving everyone to wonder what constitutes a “true threat” under the First Amendment. In Elonis v. United States, 575 U.S. ___

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Wake-Up Call: 2nd Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal, Then Weighs Whether Claims are Moot in Light of Later Development

Wake-Up Call: 2nd Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal, Then Weighs Whether Claims are Moot in Light of Later Development

DWT Media Law June 6, 2015 Comments Off on Wake-Up Call: 2nd Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal, Then Weighs Whether Claims are Moot in Light of Later Development

By Lance Koonce and Bryan Thompson Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material have continued to roil all three branches of the federal government. The latest wave

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Landmark Open Internet Order Released by FCC

Landmark Open Internet Order Released by FCC

DWT Media Law June 3, 2015 Comments Off on Landmark Open Internet Order Released by FCC

By Christopher Savage, Paul Glist, Wesley Heppler, K.C. Halm, and T. Scott Thompson On February 26, 2015, the FCC voted to approve new Open Internet (or Net Neutrality) rules (on a 3-2 party line

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Taming the “Wild West” in the Far East

Taming the “Wild West” in the Far East

DWT Media Law March 22, 2015 Comments Off on Taming the “Wild West” in the Far East

China Extends Protections for Privacy and Reputation to the Internet, Heightens the Risk of Lawsuits Against Online Publishers

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The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

DWT Media Law March 22, 2015 Comments Off on The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

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Vanity Fair Prevails in Libel Suit Brought by Oleg Cassini’s Widow

Vanity Fair Prevails in Libel Suit Brought by Oleg Cassini’s Widow

DWT Media Law March 22, 2015 Comments Off on Vanity Fair Prevails in Libel Suit Brought by Oleg Cassini’s Widow

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IRS Ordered to Make Non-Profit Form 990s Available In a Useful Electronic Format

IRS Ordered to Make Non-Profit Form 990s Available In a Useful Electronic Format

DWT Media Law March 22, 2015 Comments Off on IRS Ordered to Make Non-Profit Form 990s Available In a Useful Electronic Format

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Screenwriter SLAPPs Down Libel-in-Fiction Claim

Screenwriter SLAPPs Down Libel-in-Fiction Claim

DWT Media Law March 22, 2015 Comments Off on Screenwriter SLAPPs Down Libel-in-Fiction Claim

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Penalty!  The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

DWT Media Law March 22, 2015 Comments Off on Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

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Tinker, Take Two

Tinker, Take Two

DWT Media Law March 22, 2015 Comments Off on Tinker, Take Two

Our 2-Part School Speech Feature

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DWT Asked To Serve As Legal Counsel for Stand Up For Speech Litigation Project

DWT Asked To Serve As Legal Counsel for Stand Up For Speech Litigation Project

DWT Media Law March 22, 2015 Comments Off on DWT Asked To Serve As Legal Counsel for Stand Up For Speech Litigation Project

Our 2-Part School Speech Featurette

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Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

DWT Media Law March 22, 2015 Comments Off on Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

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California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

DWT Media Law November 26, 2014 Comments Off on California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

By Thomas R. Burke, Deborah A. Adler, Ambika K. Doran, and Tom Wyrwich On Jan. 1, 2015, California’s “Online Eraser” law will take effect, requiring websites and other online service operators to delete on

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Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

DWT Media Law November 25, 2014 Comments Off on Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

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Transformative Use of Notorious Dictator’s Name and Likeness in Video Game is Protected Speech

Transformative Use of Notorious Dictator’s Name and Likeness in Video Game is Protected Speech

DWT Media Law November 24, 2014 Comments Off on Transformative Use of Notorious Dictator’s Name and Likeness in Video Game is Protected Speech

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The Right to be Forgotten or Not Exposed

The Right to be Forgotten or Not Exposed

DWT Media Law November 23, 2014 Comments Off on The Right to be Forgotten or Not Exposed

  By Elizabeth McNamara and Samuel M. Bayard The ubiquitous and permanent availability of damning information on the Internet has been the source of countless news articles.  Stories in the press commonly relate cautionary

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Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

DWT Media Law November 23, 2014 Comments Off on Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

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FCC Requires Closed Captioning of IP Video Clips

FCC Requires Closed Captioning of IP Video Clips

DWT Media Law November 23, 2014 Comments Off on FCC Requires Closed Captioning of IP Video Clips

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Google Reading Your [Redacted]: A Front Row Seat at the High-Stakes Spying Case You’ve Never Heard of

Google Reading Your [Redacted]: A Front Row Seat at the High-Stakes Spying Case You’ve Never Heard of

DWT Media Law November 23, 2014 Comments Off on Google Reading Your [Redacted]: A Front Row Seat at the High-Stakes Spying Case You’ve Never Heard of

  By Thomas R. Burke and Jonathan L. Segal Back in February, in a San Jose courtroom, a bombshell was dropped that could have been erased from the public record. The revelation came in

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Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

DWT Media Law July 2, 2014 Comments Off on Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest Unconstitutional

By Ronald G. London and Robert Corn-Revere In a consolidated decision in Riley v. California and United States v. Wurie, the Court held that a warrantless search of a suspect’s cellphone data incident to arrest is

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New York Appellate Court Adopts “Endorsed or Intended” Threshold Test for Libel by Implication

New York Appellate Court Adopts “Endorsed or Intended” Threshold Test for Libel by Implication

DWT Media Law July 1, 2014 Comments Off on New York Appellate Court Adopts “Endorsed or Intended” Threshold Test for Libel by Implication

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The Big Picture: Aereo Held to Violate Public Performance Right

The Big Picture: Aereo Held to Violate Public Performance Right

DWT Media Law June 30, 2014 Comments Off on The Big Picture: Aereo Held to Violate Public Performance Right

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California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

DWT Media Law June 26, 2014 Comments Off on California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

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New York Decision Protects Author’s Speculation on Paternity as  Opinion Based on Disclosed Facts — Oleniak v. Slaton

New York Decision Protects Author’s Speculation on Paternity as Opinion Based on Disclosed Facts — Oleniak v. Slaton

DWT Media Law June 25, 2014 Comments Off on New York Decision Protects Author’s Speculation on Paternity as Opinion Based on Disclosed Facts — Oleniak v. Slaton

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2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

DWT Media Law June 24, 2014 Comments Off on 2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

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European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

DWT Media Law June 23, 2014 Comments Off on European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

By Thomas R. Burke, Robert D. Balin, and Ambika K. Doran In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that,

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The Redskins Decision: What It Means and Does Not Mean

The Redskins Decision: What It Means and Does Not Mean

DWT Media Law June 20, 2014 Comments Off on The Redskins Decision: What It Means and Does Not Mean

By David M. Silverman and Marshall J. Nelson The Trademark Trial and Appeal Board (TTAB or Board) decided to cancel the Washington Redskins’ federal trademark registrations for REDSKINS as disparaging of Native Americans, in

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Drone Journalism: It’s in the Air.  
But Will the Media and FAA Be Ready for Take-Off in 2015?

Drone Journalism: It’s in the Air. 
But Will the Media and FAA Be Ready for Take-Off in 2015?

DWT Media Law May 6, 2014 Comments Off on Drone Journalism: It’s in the Air. 
But Will the Media and FAA Be Ready for Take-Off in 2015?

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FCC Proposes Fines of More Than $1.9M 
for EAS Violations

FCC Proposes Fines of More Than $1.9M 
for EAS Violations

DWT Media Law May 4, 2014 Comments Off on FCC Proposes Fines of More Than $1.9M 
for EAS Violations

By Burt Braverman and Jennifer Toland Frewer On March 3, 2014, the Federal Communications Commission (FCC) issued an omnibus Notice of Apparent Liability (NAL) that proposes substantial fines totaling more than $1.9 million against

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California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

DWT Media Law May 2, 2014 Comments Off on California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations” Include Websites

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Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

DWT Media Law April 30, 2014 Comments Off on Blurred Lines: 9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

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Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

DWT Media Law April 29, 2014 Comments Off on Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

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Big Fees Award in Copyright Arbitration for LA Times

Big Fees Award in Copyright Arbitration for LA Times

DWT Media Law April 28, 2014 Comments Off on Big Fees Award in Copyright Arbitration for LA Times

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9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

DWT Media Law December 30, 2013 Comments Off on 9th Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

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New York’s Shield Law Follows New York Reporters Wherever They May Roam

New York’s Shield Law Follows New York Reporters Wherever They May Roam

DWT Media Law December 30, 2013 Comments Off on New York’s Shield Law Follows New York Reporters Wherever They May Roam

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The Curious Case of Sherlock Holmes’ Copyright

The Curious Case of Sherlock Holmes’ Copyright

DWT Media Law December 29, 2013 Comments Off on The Curious Case of Sherlock Holmes’ Copyright

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Prior Restraint Battles in L.A.

Prior Restraint Battles in L.A.

DWT Media Law December 17, 2013 Comments Off on Prior Restraint Battles in L.A.

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What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

DWT Media Law December 16, 2013 Comments Off on What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

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HOPE, Don Henley, Abortion, and the Politics of Fair Use

HOPE, Don Henley, Abortion, and the Politics of Fair Use

DWT Media Law December 13, 2013 Comments Off on HOPE, Don Henley, Abortion, and the Politics of Fair Use

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