MediaLaw Monitor – Recent Issues

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

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

DWT Media Law November 24, 2014 Comments Off

The Right to be Forgotten or Not Exposed

DWT Media Law November 23, 2014 Comments Off

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

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

FCC Requires Closed Captioning of IP Video Clips

DWT Media Law November 23, 2014 Comments Off

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

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

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

DWT Media Law July 2, 2014 Comments Off

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

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

DWT Media Law July 1, 2014 Comments Off

The Big Picture: Aereo Held to Violate Public Performance Right

DWT Media Law June 30, 2014 Comments Off

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

DWT Media Law June 26, 2014 Comments Off

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

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

DWT Media Law June 24, 2014 Comments Off

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

DWT Media Law June 23, 2014 Comments Off

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,

The Redskins Decision: What It Means and Does Not Mean

DWT Media Law June 20, 2014 Comments Off

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

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

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

DWT Media Law May 4, 2014 Comments Off

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

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

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

DWT Media Law April 30, 2014 Comments Off

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

DWT Media Law April 29, 2014 Comments Off

Big Fees Award in Copyright Arbitration for LA Times

DWT Media Law April 28, 2014 Comments Off

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

DWT Media Law December 30, 2013 Comments Off

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

DWT Media Law December 30, 2013 Comments Off

The Curious Case of Sherlock Holmes’ Copyright

DWT Media Law December 29, 2013 Comments Off

Prior Restraint Battles in L.A.

DWT Media Law December 17, 2013 Comments Off

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

DWT Media Law December 16, 2013 Comments Off

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

DWT Media Law December 13, 2013 Comments Off

New California Law Protects Journalists’ Records Held By Third Parties

DWT Media Law December 9, 2013 Comments Off

6th Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” Is Protected Opinion

DWT Media Law December 3, 2013 Comments Off

Court Denies Section 230 Immunity to TheDirty.com for User Posts, Setting Stage for Battle in 6th Circuit

DWT Media Law August 31, 2013 Comments Off

New York Federal Court Applies Plausibility Standard of Iqbal and Twombly to Allegations of Actual Malice in Defamation Cases

DWT Media Law August 30, 2013 Comments Off

COPPA Update: FTC Provides Further Guidance  With FAQ Additions

DWT Media Law August 29, 2013 Comments Off

2nd Circuit Affirms First Amendment Protection for Scientific Debate

DWT Media Law August 28, 2013 Comments Off

Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle

DWT Media Law August 27, 2013 Comments Off

State Attorneys General Propose  Dramatic Amendment to Section 230

DWT Media Law August 26, 2013 Comments Off

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

DWT Media Law August 25, 2013 Comments Off

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,

The D.C. Anti-SLAPP Act at Two Years Old: Erie Issues and Interlocutory Appeal Take Center Stage

DWT Media Law June 22, 2013 Comments Off

Court Rules Pentagon Cannot Withhold Names of U.S. Army School of the Americas Graduates

DWT Media Law June 21, 2013 Comments Off

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

Court Lifts Injunction That for Over 30 Years Barred Release of Physician-Identifying Medicare Records

DWT Media Law June 20, 2013 Comments Off

2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case

DWT Media Law June 19, 2013 Comments Off

Cloud Computing: U.S. Export Controls Reach for the Sky

DWT Media Law May 20, 2013 Comments Off

New York Court Quashes Sheldon Adelson’s Third-Party Subpoena to Wall Street Journal

DWT Media Law May 10, 2013 Comments Off

Washington State Enacts Uniform Correction and Clarification Law

DWT Media Law May 8, 2013 Comments Off

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

The 2nd Circuit Weighs in on Transformativeness in the Visual Arts

DWT Media Law April 30, 2013 Comments Off

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

Lawsuit Helps End Speech Restrictions Outside California Library

DWT Media Law April 28, 2013 Comments Off

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