MediaLawLetter March 2014
Ninth Circuit Orders Take-Down of "Innocence of Muslims" Video; Second Circuit Protects News Organizations That Report on Copyrightable Material;Virginia Supreme Court Affirms JNOV for Virginian-Pilot;Doctor Awarded $2 Million in Libel Trial Against Pennsylvania Newspaper; Activist Wins $563,000 Defamation, Negligent Infliction Emotional Distress Verdict; Libel Suit Over "Bag Men" Cover Survives Motion to Dismiss; Illinois Supreme Court Strikes State Eavesdropping Law; MLRC's New Column from In-House Counsel - Keeping Communications Confidential...and more.
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.
Law Of “Opinion” Practice Guide 2013 Supplement
Practice Guide collecting some of the leading positive opinion cases.
Articles and Reports on Significant Developments
Sex, Lies and Section 230 • Literary License(s)? Why the First Amendment Protects Fiction, and What This Means For Video Games • Making Fair Use More Client-Friendly: The Set Of Principles In Fair Use For Journalism • Fair Use Is Foul and Foul Use Is Fair: Legal Certainty Or Witches’ Cauldron? • New Developments 2013
Access to Public Employee Pension Records
In 2012 and 2013, the MLRC Newsgathering Committee examined the issue of access to public employees' pension records and researched the various statutes and case law that allow for or prohibit public disclosure. This paper summarizes some of the committee's findings and offers suggestions to counsel dealing with the issue both in the courts and in the state legislatures.
Can I Use This Clip? A Guide to Audio/Video Use
A presentation from the Pre-Publication/Pre-Broadcast Committee on the legal issues arising from the use of audio or video clips. The presentation consists of a powerpoint to be used for training purposes. The powerpoint can be customized to suit the needs of a particular client. Slides that are not relevant to the organization's needs/issues can be deleted, and other information could be added, if desired.
2013 State Legislative Highlights
MLRC State Legislative Committee reports on some of the most significant pieces of legislation (good and bad) passed in 2013 in various state legislatures.