Private Affairs/Public Rights: Can Copyright Be Used to Protect Newsworthy Secrets?

Andrew Baum

©2013. Published in Landslide, Vol. 5, No. 5, May/June 2013, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

What if David Petraeus denied that he had an extra marital affair with Paula Broadwell? And what if a third party gained access to e-mails between them proving the existence of the affair? Could either Petraeus or Broadwell use the copyright laws to prevent their publication? A recent 2-1 decision of the U.S. Court of Appeals for the Ninth Circuit, Monge v. Maya Magazines, Inc.,1 suggests they could


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