MediaLawLetter November 2014
Reporting developments through November 25.
Catalog of Subpoena Decisions by Category of Material and Reasons Sought
An update of the 2010 catalog summarizing subpoena decisions, including those from the last few years, arising in no fewer than 10 scenarios – from accident and crime scenes to reporters as eyewitnesses to using subpoenas to impeach witnesses.
MLRC Model Shield Law
The MLRC Model Shield Law was developed by the MLRC Model Shield Law Task Force. It will update a prior Model that we developed a number of years ago. The Model Shield Law has been designed to assist in the creation, or updating, of state shield laws.
MLRC Bulletin 2014 Issue 2: Legal Frontiers in Digital Media
All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC • The Google Books and HathiTrust Decisions: Massive Digitization, Major Public Service, Modest Access • The Authors Guild v. Google: The Future of Fair Use? • The Computer Fraud and Abuse Act – Underused? Overused? Misused?
Key Points on DOJ Policy
MLRC memo representing some of the key points from the Final Rule publication.
2014 Report on Trials and Damages
MLRC's 2014 Report on Trials and Damages updates our study to include 12 new cases from 2012 and 2013. Our trial database now includes trial and appellate results in 632 cases from 1980-2013.
Resource Materials on the Definition of "Journalist" and "Media" in Litigation and Legislation: 2014 Update
Who qualifies as "the media," it seems, is the perennial million-dollar question in an age when the "pen," the camera, and the "press" are all combined in a single device that fits easily in your purse—if not your back pocket—and everyone is a potential publisher. This updated report offers a review of that question by examining legislative developments and court decisions in a variety of situations, ranging from libel and right of publicity issues, to state shield laws and reporter's privilege changes, to application of state and federal open records laws.
Non-Competes in the Broadcast Industry
Eight states and the District of Columbia have laws that target the broadcast industry and limit broadcast employers’ ability to enforce non-compete agreements with their on and off screen talent. This paper describes the elements of those laws and their impact. It also addresses several alternative approaches for broadcast employers’ efforts to retain employees and the impact of the broadcast non-compete ban laws on those alternatives.