Recent Issues »

Oregon Blogger Moves for New Trial to Reverse $2.5 Million Verdict

Oregon Blogger Moves for New Trial to Reverse $2.5 Million Verdict

DWT Media Law March 4, 2012 1

Read More

Read More »
Judge Rules California State Assembly Must Open Records

Judge Rules California State Assembly Must Open Records

DWT Media Law February 19, 2012 Comments Off on 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

Read More »
Ninth Circuit Holds that DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability

Ninth Circuit Holds that DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability

DWT Media Law January 23, 2012 Comments Off on Ninth Circuit Holds that DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability

Read More

Read More »
FCC Adopts Closed Captioning Rules for Online Video Programming

FCC Adopts Closed Captioning Rules for Online Video Programming

DWT Media Law January 21, 2012 Comments Off on FCC Adopts Closed Captioning Rules for Online Video Programming

Read More

Read More »
Penguin Group (USA) Inc. v. American Buddha:  New York’s Long Arm Statute Grows Longer for Internet Piracy

Penguin Group (USA) Inc. v. American Buddha: New York’s Long Arm Statute Grows Longer for Internet Piracy

DWT Media Law December 7, 2011 Comments Off on 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

Read More »
Emphasizing Interactivity, Court Rules that First Amendment Defeats Right of Publicity Claims Targeting EA’s NCAA Football Video Games

Emphasizing Interactivity, Court Rules that First Amendment Defeats Right of Publicity Claims Targeting EA’s NCAA Football Video Games

DWT Media Law December 7, 2011 Comments Off on Emphasizing Interactivity, Court Rules that First Amendment Defeats Right of Publicity Claims Targeting EA’s NCAA Football Video Games

Read More

Read More »
Moral Panics, the First Amendment, and the Limits of Social Science

Moral Panics, the First Amendment, and the Limits of Social Science

DWT Media Law December 7, 2011 Comments Off on Moral Panics, the First Amendment, and the Limits of Social Science

Read More

Read More »
3rd Circuit Reaffirms Rejection of FCC’s “Fleeting Images” Policy, Reverses Super Bowl Fine

3rd Circuit Reaffirms Rejection of FCC’s “Fleeting Images” Policy, Reverses Super Bowl Fine

DWT Media Law December 1, 2011 Comments Off on 3rd Circuit Reaffirms Rejection of FCC’s “Fleeting Images” Policy, Reverses Super Bowl Fine

Read More

Read More »
DMCA Update: Copyright Office Proposes Changes to Agent Registration System

DMCA Update: Copyright Office Proposes Changes to Agent Registration System

DWT Media Law November 29, 2011 Comments Off on 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

Read More »
FTC Proposes Modifications to Children’s Online Privacy Protection Act (COPPA)

FTC Proposes Modifications to Children’s Online Privacy Protection Act (COPPA)

DWT Media Law November 29, 2011 Comments Off on FTC Proposes Modifications to Children’s Online Privacy Protection Act (COPPA)

Read More

Read More »
Copyright Office Begins New DMCA Exemption Rulemaking

Copyright Office Begins New DMCA Exemption Rulemaking

DWT Media Law October 31, 2011 Comments Off on 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

Read More »
Supreme Court Invalidates Vermont Law Limiting Data Mining for Pharmaceutical “Detailing”

Supreme Court Invalidates Vermont Law Limiting Data Mining for Pharmaceutical “Detailing”

DWT Media Law September 20, 2011 Comments Off on Supreme Court Invalidates Vermont Law Limiting Data Mining for Pharmaceutical “Detailing”

By Robert Corn-Revere and Ronald G. London The Supreme Court’s June 23, 2011 decision in Sorrell v. IMS Health Inc. upheld the important First Amendment principle that the government cannot restrict commercial speech on

Read More »
Disaster or Disaster Averted?  The Second Circuit Limits the First Sale Doctrine

Disaster or Disaster Averted? The Second Circuit Limits the First Sale Doctrine

DWT Media Law September 19, 2011 Comments Off on Disaster or Disaster Averted? The Second Circuit Limits the First Sale Doctrine

By Christopher J. Robinson A recent Second Circuit decision has highlighted the difficult statutory interpretation and policy issues involved in the interplay between the first sale doctrine and restrictions on unauthorized imports into the

Read More »
First Amendment Defeats Right of Publicity Claims Against Electronic Arts’ NCAA Football Video Games

First Amendment Defeats Right of Publicity Claims Against Electronic Arts’ NCAA Football Video Games

DWT Media Law September 16, 2011 Comments Off on First Amendment Defeats Right of Publicity Claims Against Electronic Arts’ NCAA Football Video Games

By Elizabeth A. McNamara, Christopher J. Robinson, and Samuel M. Bayard On Sept. 9, 2011, Judge Freda Wolfson of the United States District Court for the district of New Jersey issued a 67 page

Read More »
The Future of the Hot News Misappropriation Tort After Barclays Capital Inc. v. TheFlyontheWall.com

The Future of the Hot News Misappropriation Tort After Barclays Capital Inc. v. TheFlyontheWall.com

DWT Media Law September 16, 2011 Comments Off on The Future of the Hot News Misappropriation Tort After Barclays Capital Inc. v. TheFlyontheWall.com

Read More

Read More »
New Internet Domains Are Coming, What You Should Do

New Internet Domains Are Coming, What You Should Do

DWT Media Law September 16, 2011 Comments Off on New Internet Domains Are Coming, What You Should Do

Read More

Read More »
Internet Privacy Class Actions: How to Manage Risks from Increasing Attacks against Online and Social Media

Internet Privacy Class Actions: How to Manage Risks from Increasing Attacks against Online and Social Media

DWT Media Law September 16, 2011 Comments Off on Internet Privacy Class Actions: How to Manage Risks from Increasing Attacks against Online and Social Media

By Jimmy Nguyen In today’s cyberworld, operating in online and social media can put companies in a special class. Unfortunately, that class could mean a class action lawsuit. Web sites and social media provide

Read More »
Supreme Court Affirms Invalidation of California Restrictions on Violent Video Games

Supreme Court Affirms Invalidation of California Restrictions on Violent Video Games

DWT Media Law September 16, 2011 Comments Off on Supreme Court Affirms Invalidation of California Restrictions on Violent Video Games

Read More

Read More »
New York Court of Appeals Adopts Broad View of Section 230 Immunity

New York Court of Appeals Adopts Broad View of Section 230 Immunity

DWT Media Law September 16, 2011 Comments Off on New York Court of Appeals Adopts Broad View of Section 230 Immunity

By James Rosenfeld In its first decision addressing Section 230 of the Communications Decency Act, the New York Court of Appeals (New York’s highest court) has ruled that Section 230 bars tort claims against

Read More »
Bonds Juror Questionnaires to Be Made Public During Voir Dire; Juror Names to Be Withheld Until Trial End

Bonds Juror Questionnaires to Be Made Public During Voir Dire; Juror Names to Be Withheld Until Trial End

DWT Media Law June 13, 2011 Comments Off on Bonds Juror Questionnaires to Be Made Public During Voir Dire; Juror Names to Be Withheld Until Trial End

By Duffy Carolan, Thomas R. Burke, Kelli Sager, Jeff Glasser The United States District Court, Northern District of California (J., Illston) issued a 10-page ruling on March 14, 2011, granting the public and press

Read More »
Ninth Circuit Revives California Idea Submission Claims

Ninth Circuit Revives California Idea Submission Claims

DWT Media Law June 13, 2011 Comments Off on Ninth Circuit Revives California Idea Submission Claims

The reality is that producers do not assume that they have entered into a contract with every person that pitches an idea to them or sends them unsolicited material.

Read More »
Information Gathering and Social Networks: Minimizing Exposure in the Digital Age

Information Gathering and Social Networks: Minimizing Exposure in the Digital Age

DWT Media Law June 13, 2011 Comments Off on Information Gathering and Social Networks: Minimizing Exposure in the Digital Age

Read more

Read More »
Beware of Killer Apps: Platform Provider Liability for Third-Party Apps (and the Availability of Online Safe Harbors)

Beware of Killer Apps: Platform Provider Liability for Third-Party Apps (and the Availability of Online Safe Harbors)

DWT Media Law June 13, 2011 Comments Off on Beware of Killer Apps: Platform Provider Liability for Third-Party Apps (and the Availability of Online Safe Harbors)

Read more

Read More »
The Basics of Music Licensing in Digital Media: 2011 Update

The Basics of Music Licensing in Digital Media: 2011 Update

DWT Media Law June 10, 2011 Comments Off on The Basics of Music Licensing in Digital Media: 2011 Update

By David D. Oxenford and Robert J. Driscoll Businesses that are involved in digital media use music in many ways—and most require some sort of license to make the use legal. Whether the music

Read More »
State of Evolving Media 2011: 10 Top Trends

State of Evolving Media 2011: 10 Top Trends

DWT Media Law June 9, 2011 1

The evolving media landscape continues to transform at a rapid pace. Throughout 2011, expect more developments in the way entertainment is digitally distributed to consumers, more growth in capability for apps and social media,

Read More »
Protecting Access to Information: An Interview with Duffy Carolan

Protecting Access to Information: An Interview with Duffy Carolan

DWT Media Law June 8, 2011 Comments Off on Protecting Access to Information: An Interview with Duffy Carolan

Read more

Read More »