August 2011

Current Issue

August 2011 Issue

Volume 28, Number 2

Protection Under CDA § 230 and Responsibility for the “Development” of Third-Party Content
User-generated content is now commonplace as media companies turn to bloggers and citizen journalists to populate their websites and social media with instant content. The authors discuss how far § 230 of the Communications Decency Act goes to protect media companies for posting content created by others.
BY EDWARD FENNO AND CHRISTINA HUMPHRIES

From the Chair: “Boca”: A State of Mind, A Seat at the Grown-Ups’ Table
The inside story of the Forum’s Annual Conference, aka Boca, now in its 17th year.
BY CHARLES D. TOBIN

Montz v. Pilgrim Films, Copyright Preemption, and Idea-Submission Cases
In the Califormia entertainment industry, the intersection of copyright law and the concept of “implied-in-fact” contracts can be tricky to navigate.
BY ANNA R BUONO AND ALONZO WICKERS IV

Who Owns the Journalist’s Privilege—the Journalist or the Source?
When a court orders journalists to reveal their identify of a confidential source or turn over their work products, the question of whether the journalists’ privilege can be waived becomes paramount.
BY KURT WIMMER AND STEPHEN KIEHL

Why a Federal Right of Publicity Statute Is Necessary
In view of the dissemination of media on a national and even global scale, the authors argue that a federal right of publicity statute is necessary to replace a crazy patchwork of divergent state laws.
BY KEVIN L. VICK AND JEAN-PAUL JASSY

Keeping Access Cases Affordable: Alternative Fee Arrangements
One sign of the bad economy access suits filed by the media have decliined sharply. Media lawyers discuss innovative approaches to help their clients in access cases under alternative fee arrangements.
BY HUGH STEVENS, AMANDA MARTIN, AND MIKE TADYCH

COURTSIDE
A review of the Supreme Court's First Amendment decisions during its most recent Term.
BY PAUL M. SMITH, JULIE M. CARPENTER, KATHERINE A. FALLOW, MATTHEW HELLMAN, GARRETT A. LEVIN, AND KRISHANTI VIGNARAJAH

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