ArticleNews Aggregators – Link, Don't Replace, Your SourcesBy one account, Bill O'Reilly's news website includes long quotations from other news organizations, including the mainstream news organizations he often criticizes. United StatesMedia, Telecoms, IT, EntertainmentThompson Coburn LLP
ArticleCourt Rejects Google Books Settlement – Quick Guide To The DecisionTwelve million scanned books and six years after Google was sued for digitizing entire libraries of books without authorization.United StatesMedia, Telecoms, IT, EntertainmentFenwick
ArticleGot Privilege? Wisconsin Shield Law Tested In Raw Milk CaseIn the first-known application of Wisconsin's two-year-old shield law, Judge Guy Reynolds of the Sauk County Circuit Court refused a request by the state's Department of Justice to issue subpoenas to three journalists who covered an Amish farmer's sale of unpasteurized milk products.United StatesMedia, Telecoms, IT, EntertainmentHolland & Knight
ArticleIn Brief: False Authorship: Lawsuit Hits West Publishing In The PocketFalse authorship lawsuit hits West Publishing in the pocket parts. Recently, two law professors successfully sued West Publishing (Thomson Reuters Legal) for defamation after the publisher falsely attributed to them authorship of a pocket part treatise update.United StatesMedia, Telecoms, IT, EntertainmentFrankfurt Kurnit Klein & Selz PC
ArticleThird Circuit Finds Photo Placement Sufficient To Permit Defamation, False Light Claims To Go Forward In Suit Alleging Harm From Firefighter Sex Scandal StoryIn a case demonstrating the difficulties of applying long-established but arguably outdated legal principles to modern technology, ..United StatesMedia, Telecoms, IT, EntertainmentReed Smith
ArticleAuthors And Booksellers To Justice Department: Investigate AmazonWe recently wrote about the Second Circuit's June 30, 2015 decision affirming Judge Denise Cote's decision that Apple conspired with five publishing companies to raise the price of e-books.United StatesAntitrust/Competition LawPatterson Belknap Webb & Tyler LLP
ArticleProspects For Prominent Short-Seller And Social Media Publisher Take A Left TurnOn July 26, 2024, Andrew Left, a prominent "securities analyst, trader, and frequent guest commentator on business cable news channels," and his firm...United StatesCriminal LawDavis Wright Tremaine LLP
ArticleEnglish Judge Denies Protection to Historical FactionIn a case where two authors sued the publisher of Dan Brown’s bestseller, "The Da Vinci Code" (DVC), and delayed the release of the Hollywood film starring Tom Hanks, the Judge, following established case law, held that the ideas that were copied were too general to be capable of protection. Baigent and Leigh v. Random House Group Limited, Case No. HC04C 03092 (High Court of Justice, Chancery Division Apr. 7, 2006) (P. Smith, J.).United StatesIntellectual PropertyMcDermott Will & Emery
ArticlePublishers Beware: New Ruling Says Embedding May Infringe CopyrightFor over a decade, embedding, or "in-line linking," has widely been considered non-infringing. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleDeepfakes: New California Laws Address Dangers And DevelopmentsIn April, State Farm debuted a commercial that appeared to feature footage from 1998 of ESPN's Kenny Mayne making startlingly, even eerily, accurate predictions. United StatesMedia, Telecoms, IT, EntertainmentJeffer Mangels & Mitchell LLP
ArticleThe (Exaggerated?) Death Of The Press ReleaseBrand messaging shows up everywhere these days, from the screens in our pockets to the sides of sports stadiums.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleThe FTC Continues To Crack Down On Deceptive Subscriptions (Rulemaking Or Not)In October, our colleague Holly Melton read the tea leaves and wrote that the FTC might take steps to revive the "Click-to-Cancel" Rule (the Rule).United StatesMedia, Telecoms, IT, EntertainmentFrankfurt Kurnit Klein & Selz PC
ArticleSecond Circuit Says New York Publisher Can Sue Online Infringer In New YorkThe Second Circuit has revived a New York publishing house’s New York based copyright infringement lawsuit against an online publisher. United StatesIntellectual PropertyFrankfurt Kurnit Klein & Selz PC
ArticleScammers And Screenplays: Self-Publishing Scams On The Internet TodayScams around the entertainment business are nothing new. And as the allure of the film industry continues to captivate aspiring filmmakers, writers, and actors, scams have proliferated online. United StatesMedia, Telecoms, IT, EntertainmentRomano Law
ArticleFTC Releases Final Updates To Endorsement GuidesOn June 29, 2023, the Federal Trade Commission ("FTC") released its final version of its revised Guides Concerning the Use of Endorsements and Testimonials in Advertising...United StatesMedia, Telecoms, IT, EntertainmentLewis Rice
ArticleOur Favorite Summer Reads For Every Start-UpSince our members at Mintz Levin constantly work with start-ups, entrepreneurs, and investors, we thought it would be especially beneficial to list the top six summer reads for every start-up as recommended by Tom Burton, Jeremy Glaser, Dan DeWolf, and Sam Effron.United StatesMedia, Telecoms, IT, EntertainmentMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleU.S. Copyright Act Termination Provisions May Have Significant Impact On Transactions Involving Intellectual PropertyRecent press reports regarding copyright termination notices filed by the heirs of famed comic book illustrator Jack Kirby as well as a recent decision by a federal District Court in a long-running case regarding termination notices filed by the heirs of "Superman" co-creator Jerome Siegel both serve as timely reminders of the substantial complexity of copyright and other intellectual property issues raised by the transfer of valuable intellectual property assets and the critical importance of United StatesIntellectual PropertyO'Melveny & Myers LLP
ArticleWhere Fraud Priorities Overlap: What NFED Means For Corporate Compliance ProgramsThe Department of Justice’s new National Fraud Enforcement Division (“NFED”) has told the market exactly where it intends to focus: (1) public trust and financial integrity, (2) health care, (3) internal revenue, (4) global trade and commerce, and (5) corporate misconduct. NFED plans to target these five priorities in parallel under one roof with a shared data infrastructure, compounding the risk to companies that operate at the intersection of multiple priorities and raising the stakes for any company considering a voluntary self-disclosure of potential misconduct. United StatesMedia, Telecoms, IT, EntertainmentSheppard
ArticleManga, Anime, And Webtoons: 8 Key Issues In Acquiring Rights And Building PartnershipsVideogame IP aside, manga, anime, and webtoons are perhaps the fastest-growing emerging form of underlying rights for live action film and TV adaptation.United StatesMedia, Telecoms, IT, EntertainmentPryor Cashman LLP
ArticleSelf-Publishing Platforms Deemed Distributors, Not Publishers In Privacy Suit Over Unauthorized Book CoverWe live in a world that has rapidly redefined and blurred the roles of the "creator" of content, as compared to the roles of the "publisher" and "distributor" of such content.United StatesMedia, Telecoms, IT, EntertainmentProskauer Rose LLP