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6th Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” Is Protected Opinion
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Court Denies Section 230 Immunity to TheDirty.com for User Posts, Setting Stage for Battle in 6th Circuit
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New York Federal Court Applies Plausibility Standard of Iqbal and Twombly to Allegations of Actual Malice in Defamation Cases
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Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle
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For the First Time, the U.S. District Court for the District of Columbia Dismisses a Libel Suit Based Solely on D.C.’s Anti-SLAPP Act
By Laura R. Handman, Constance M. Pendleton, and Micah J. Ratner Judge Reggie B. Walton of the United States District Court for the District of Columbia recently applied the District of Columbia Anti-SLAPP Act,
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The D.C. Anti-SLAPP Act at Two Years Old: Erie Issues and Interlocutory Appeal Take Center Stage
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Court Rules Pentagon Cannot Withhold Names of U.S. Army School of the Americas Graduates
By Duffy Carolan and Jeff Glasser On April 22, 2013, the United States District Court, Northern District of California (Hon. Phyllis J. Hamilton) granted summary judgment against the Pentagon in an important Freedom of Information
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Court Lifts Injunction That for Over 30 Years Barred Release of Physician-Identifying Medicare Records
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2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case
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New York Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal
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Washington State Enacts Uniform Correction and Clarification Law
Photo: Rachel La Corte, Associated Press By Bruce E. H. Johnson, Ambika Doran, and Sarah K. Duran On May 20, 2013, Washington Governor Jay Inslee signed into law ESB 5236, a version of the
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The 2nd Circuit Weighs in on Transformativeness in the Visual Arts
By Christopher J. Robinson A year after hearing oral argument, the 2nd Circuit has issued its much anticipated decision in Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), on copyright fair use in the visual arts. As
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Lawsuit Helps End Speech Restrictions Outside California Library
By Mark Fefer As a result of a lawsuit pursued by DWT on behalf of the ACLU of Northern California, the city council of Redding, Calif., agreed to withdraw speech limitations it had imposed
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Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use
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FTC Announces COPPA Rule Changes to Catch Up With Social Networks, Smartphones, and Other Developments
A MediaLaw Monitor Digital Exclusive
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Media Companies Successfully Fight for Access to Information About Church Officials’ Role in Priest Sex Scandal
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New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal
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UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google
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Manhattan Judge Dismisses Libel Claim Brought by Brooklyn Judge
A MediaLaw Monitor Digital Exclusive
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A Court Appointed Conservator is a “Public Official” and Must Prove Actual Malice
A MediaLaw Monitor Digital Exclusive
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Can We Publish This Photo?
Analyzing Fair Use When the Well-Known Subject of an Image Owns the Copyright
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Federal Court Finds Albert Einstein’s Postmortem Publicity Rights Have Expired Under New Jersey Common Law, Dismisses Lawsuit Against General Motors
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Stricter FCC Prerecorded Telemarketing Rules Coming Soon—Compliance Deadlines Set
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Patent Infringement Issues Affecting Media Companies
A MediaLaw Monitor Digital Exclusive
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Federal Court Enjoins Enforcement of Washington State Law Targeting Adult-Oriented Advertisements
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Hulu Privacy Litigation Marks First Application of Video Privacy Protection Act to Solely Streamed Video
By Bradley W. Guyton Internet video streaming site Hulu.com is subject to the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, according to a recent decision by the U.S. District Court for the
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Convictions Overturned in Oregon Pro Bono Speech Case
By Mark Fefer In a victory at the State Court of Appeals, a DWT team from Portland succeeded in overturning the conviction of several anti-war protestors who had been arrested for trespassing on the
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Judge Rules California State Assembly Must Open Records
By Jonathan Segal, Kelli Sager and Rochelle Wilcox In a resounding victory for public access to state government documents, a Sacramento judge has rejected efforts by the California State Assembly to keep secret records
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Ninth Circuit Holds that DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability
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Penguin Group (USA) Inc. v. American Buddha: New York’s Long Arm Statute Grows Longer for Internet Piracy
By Elizabeth McNamara and Chris Robinson Earlier this year, the New York Court of Appeals issued an important decision which should help New York publishers combat online piracy of their copyrighted works and will
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Emphasizing Interactivity, Court Rules that First Amendment Defeats Right of Publicity Claims Targeting EA’s NCAA Football Video Games
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3rd Circuit Reaffirms Rejection of FCC’s “Fleeting Images” Policy, Reverses Super Bowl Fine
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DMCA Update: Copyright Office Proposes Changes to Agent Registration System
Goal is to Qualify for Copyright Safe Harbor for User Generated Content By Adam Shoemaker, David D. Oxenford, and John D. Seiver On Sept. 28, 2011, the Federal Register published the Copyright Office’s Notice
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Copyright Office Begins New DMCA Exemption Rulemaking
By David M. Silverman Among other things, the Digital Millennium Copyright Act (DMCA) prohibits circumvention of technological measures that control access to copyrighted works. However, the DMCA requires the Copyright Office to periodically provide
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