CMLP Staff's blog

On January 18, 2012, the Citizen Media Law Project (under its new name, the Digital Media Law Project -- new website coming soon) filed an amicus brief in the Massachusetts Appeals Court in Jenzabar, Inc. v. Long Bow Group, Inc., No. 2011-P-1533. 

The CMLP  submitted its friend of the court brief to urge the Appeals Court to uphold several fundamental legal principles, including protecting critical speech online and preventing the misuse of trademark law in a distinctly non-trademark context to impede the free flow of information.

More information about the case and the amicus brief is available on the Berkman Center website.

Links:

Amicus Brief

Press Release

Case Entry in CMLP Database

In light of today's internet blackouts, we have received numerous requests for information about the Stop Online Piracy Act ("SOPA") and the Protect IP Act ("PIPA"), as well as the reasons for today's protest of these two bills.  In response to the demand for information, the Berkman Center for Internet & Society, the center at Harvard University that hosts the Citizen Media Law Project, has collected links to useful summaries, statements and commentary about SOPA and PIPA here.  We invite you to visit Berkman's site and learn more about SOPA, PIPA and today's protest.

If you are wondering why the CMLP's own page did not go dark today, we made an institutional decision that we could best serve the public by remaining an accessible resource for information on media law and threats to online speech during the protest.

As we approach the new year, the staff of the Citizen Media Law Project had the opportunity -- thanks to a kind offer from Student Press Law Center Legal Fellow (as well as CMLP friend and blog contributor) Rob Arcamona -- to take a look back at the biggest issues in media law over the past year in an article for PBS MediaShift.  Jeff and Andy worked with Rob to identify 2011's top ten legal issues in professional and citizen journalism, so go check it out and see if you agree!

We hope you are all having a wonderful holiday season, and will see you again in 2012!

We are pleased to announce that the Online Media Legal Network, the Citizen Media Law Project's legal referral service, is now two years old!

The OMLN was started in Dec. 2009 as a way to help online journalism ventures and digital media creators find lawyers experienced in the sorts of legal issues media ventures face and to provide legal services on a pro bono or reduced-fee basis. 

Now, two years later, the OMLN has a network of 232 lawyers in 49 states and the District of Columbia who are willing to offer their services to needy citizen journalists and online publishers.  And help they have: as of Dec. 9, the OMLN has over 170 clients and has found counsel for 347 different legal matters, ranging from setting up a business to authoringwebsite terms of use to defending clients against defamation claims. 

We commemorated the event with a talk this week as part of the Berkman Center's Tuesday Luncheon Series, where we discussed the history of the OMLN, how the OMLN works, and what we've learned from it. In-person attendees included attorneys from OMLN member firms Booth Sweet LLP and Hermes, Netburn, O'Connor & Spearing, P.C.; OMLN client and former Berkman fellow Tom Stites; and a host of citizen journalists, Berkman fellows, and other interested folks. Many thanks to all who attended!   read more »

For those of you who asked for our legal guide to reporting on Occupy Wall Street in a more portable format, we have good news!  Our good friends at the First Amendment Coalition have graciously offered to host a mobile version of the guide on their free iOpenGov app.  Furthermore, in recognition of the growth of Occupy protests in all regions of the United States, we have adapted the mobile version of our guide to discuss principles of law that are generally applicable across the country.

iOpenGov is available on iPhone and Android.

The Citizen Media Law Project is extraordinarily pleased to announce that Andy Sellars, our Staff Attorney, was announced this past weekend to be the 2011 winner of the time-honored and prestigious Jan Jancin Award!

The Jan Jancin Award is granted each year to a single student nationwide who has excelled in the study of intellectual property law.  The ABA-Intellectual Property Law Section, the American Intellectual Property Law Association and the American Intellectual Property Law Education Foundation grant the award in memory of the late Jan Jancin, who "served not only as President of AIPLA and Chair of the ABA-IPL Section, but served with distinction in other leadership roles in other intellectual property law associations, nationally and internationally."

Andy received his J.D. with high honors from the George Washington University Law School earlier this year, where (perhaps foreshadowing this weekend's success) he was awarded the Peter D. Rosenberg Award for Patent and Intellectual Property Law.  Prior to law school, Andy had an excellent motive to develop an interest in intellectual property while working in the music industry, including for the festival production and promotion company Great Northeast Productions and as assistant tour manager and stage manager for the band moe. He received his undergraduate degree in music, summa cum laude, from Northeastern University in 2008.   read more »

This Saturday, October 22, the CMLP, together with Kennesaw State University's Center for Sustainable Journalism, will be producing and appearing at "Media Law in the Digital Age: The Rules Have Changed -- Again," an intensive one-day media law conference on the Kennesaw State campus north of Atlanta, Georgia.

Media Law in the Digital Age will bring together a wide array of acclaimed practitioners and scholars to discuss issues that are critical for anyone who publishes online content, works in digital media, or studies the way in which technology has influenced journalism and law.  The day will open with a plenary discussion, The Aftermath of WikiLeaks, and individual sessions will include:   read more »

UPDATE: In response to popular request, we have prepared a PDF version of sections of this post for easy printing.

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We at the Citizen Media Law Project have taken great interest in the ongoing "Occupy Wall Street" protest in New York. Much of what we know about the protest has come from independent reporters and citizen journalists covering the story from the ground. Knowing this, we are alarmed to hear reports of police arresting reporters during the protest. This, of course, could greatly discourage press coverage of this story.

In order to encourage citizen reporting from the ground in New York, and to dispel the uncertainties as to the rights of those covering the protest, we have created this special question-and-answer guide regarding covering the protest in New York as a special addendum to our CMLP Legal Guide. For more general information, you can also refer to our guide's section on New York law.   read more »

We're pleased to announce that we have updated the CMLP Legal Guide on the District of Columbia's anti-SLAPP law to incorporate its brand new anti-SLAPP statute that came into effect on March 31, 2011.  A SLAPP, or "Strategic Lawsuit Against Public Participation," is a lawsuit filed in retaliation for speaking out on a public issue or controversy.

The new D.C. statute falls on the more protective end of the spectrum of anti-SLAPP laws.  It permits a special motion to strike in lawsuits stemming from acts "in furtherance of the right of advocacy on issues of public interest," which includes both petitioning the government and addressing issues of public interest in a public forum.  It also provides a special motion to quash to those whose personal identifying information is being sought via subpoena, should that information be sought in a matter arising from an act in furtherance of the right of advocacy on issues of public interest.

We'd like to thank Caitlin Vogus for her work in writing this new section of the CMLP Legal Guide.  Caitlin is a Harvard Law School graduate and is now a clerk on the Virginia Court of Appeals.  Her update to the D.C. anti-SLAPP section is the first of several updates, as she helps us review and amend our legal guide.  We are very appreciative of her help, and look forward to her continued assistance!

We hope that you find the expanded section useful.  As always, if you have suggested improvements or additions for our Legal Guide, you can contact us.

Are you a lawyer interested in dealing with emerging legal issues related to law, journalism, and new media on the Internet?  Would you like to help online journalists and new media ventures meet their legal needs?  Do you want a stimulating yet laid back work environment?

The Berkman Center for Internet & Society at Harvard Law School is seeking a Staff Attorney / Employee Fellow to assist with the operation and expansion of our Online Media Legal Network.

The position requires a Juris Doctor degree with admission to at least one state bar (and eligibility for admission on motion to the Massachusetts bar if you're not a Massachusetts lawyer) and a minimum of 3 years of legal-practice experience with a significant Internet, intellectual property, or media law focus.  Our offices are located at the Berkman Center at Harvard Law School, so you must be willing to work in Cambridge, MA.

We're really excited about this position and about bringing someone new on board to help with our work.  We've built a network of lawyers across the country who want to work with digital journalists, and we need an extremely capable individual to take the lead in screening new cases and clients, maintaining relationships with clients and members of the network, and providing direct legal assistance to clients in collaboration with lawyers and law students in Harvard Law School's Cyberlaw Clinic.    read more »

We are pleased to announce that the Online Media Legal Network (OMLN) is partnering with the Investigative News Network (INN) to help INN member organizations find pro bono and low-cost legal help. We are honored to join forces with INN, whose members are engaged in some of the most exciting and innovative forms of accountability journalism today.

From the press release:

The Berkman Center's Online Media Legal Network (OMLN) announced today that it is collaborating with the Investigative News Network (INN) to help INN member organizations find pro bono and low-cost legal help.

Based at Harvard University's Berkman Center for Internet & Society, OMLN is a legal assistance and referral service made up of law firms, law school clinics, in-house counsel, and individual lawyers throughout the United States willing to provide free and reduced-fee legal assistance to qualifying independent journalists and journalism ventures. The network's 100+ law firms and law school clinics comprise nearly 7,000 lawyers with expertise in media law, intellectual property law, and business advising.   read more »

We're pleased to announce that the Citizen Media Law Project at Harvard's Berkman Center for Internet & Society and the Center for Sustainable Journalism at Kennesaw State University are co‐hosting a conference on September 25, 2010 entitled "Media Law in the Digital Age: The Rules Have Changed, Have You?" in Atlanta, Georgia.

Designed for journalists, bloggers, and lawyers who work with media clients, the conference will be an opportunity to learn first‐hand the latest legal developments and to get your questions answered byexperts in the field.

The program will bring together legal practitioners, journalists, and academics to discuss the latest legal issues facing online media ventures. Topics will include: libel law, copyright law, newsgathering law, and advertising law, as well as the legal issues arising from news aggregation, managing online communities, and business law considerations for start‐up online media organizations. Small‐group workshops will focus on strategies for accessing government information and understanding legal terms in content licenses, freelancer contracts, and website terms of service and privacy policies.

If you need personalized legal assistance before or after the conference, contact the Online Media Legal Network, a legal referral network for independent online media administered by the Citizen Media Law Project at the Berkman Center.   read more »

The Ninth Circuit Court of Appeals issued a decision last Monday in In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010), a case that could be influential for future courts deciding whether to order the identification of anonymous or pseudonymous Internet speakers.  In the course of a primarily procedural ruling, the appellate court suggested in dicta that an expansive category of "commercial speech" is entitled to reduced protection in anonymity cases.  As explained below, the decision could have negative consequences for consumers' ability to remain anonymous while speaking critically about products and services online.

The case is part of a long-standing business dispute between Quixtar, Inc., successor to the Amway Corporation (which has since returned to that name), and Signature Management TEAM, LLC, which sells books, seminars, and motivational speaker appearances to the Independent Business Operators ("IBOs") that sell Quixtar's products.  In this action, Quixtar sued TEAM for tortious interference with contracts and business relations, premised on the allegation that TEAM carried out an online "smear campaign" aimed at inducing IBOs to terminate their contracts with Quixtar.   read more »

The Citizen Media Law Project, EFF, and Public Citizen have jointly submitted an amicus curiae brief to the Second Circuit Court of Appeals, urging the court to apply First Amendment scrutiny to the “hot news misappropriation” doctrine in Barclays Capital, Inc. v. Theflyonthewall.com, Inc. The Harvard Law School Cyberlaw Clinic assisted the coalition in preparing the brief.

We've been keenly interested in this case ever since Judge Cote issued her decision in March requiring Fly to delay its reporting on the stock recommendations of several Wall Street firms. The case promises to be an important development in the law of  "hot news misappropriation," a controversial quasi–intellectual property doctrine that creates a temporary property right in time-sensitive facts. As we explain in the brief, the hot news doctrine raises serious First Amendment concerns because it plainly contemplates restricting the publication of truthful information on matters of public concern, regardless of how that information is obtained.   read more »

A mid-level appellate court in Illinois ruled on Tuesday that the publisher of a local newspaper must reveal the identity of a pseudonymous Internet commenter.  In Maxon v. Ottawa Publishing Co., 3-08-0805 (Ill. App. Ct. June 1, 2010), the court reversed a trial court order granting Ottawa Publishing's motion to dismiss a pre-litigation petition for discovery seeking the identity of a commenter to its mywebtimes.com website. CMLP and other media organizations filed an amicus curiae brief in support of the lower court's application of the of the Dendrite standard for determining when to order disclosure of an anonymous speaker's identity. 

The commenter, writing under the pseudonym "FabFive from Ottawa," allegedly posted defamatory comments about Donald and Janet Maxon in response to two articles (here, here) on mywebtimes.com.  According to the decision, FabFive's statements suggested that the Maxons had bribed the Ottawa Planning Commission in connection with a proposed ordinance to allow bed and breakfast establishments to operate in residential areas.   read more »

Title:        The Mystery of the Missing iPhone

Description:    The technology and legal world was abuzz over an incident involving a prototype of the iPhone 4G. An Apple engineer allegedly left behind the iPhone, which eventually ended up in the hands of Gizmodo.com,  a technology weblog. After pictures surfaced on the Gizmodo site, a search of a Gizmodo editor’s home and computer was issued.  Attorneys and co-hosts, J. Craig Williams and Bob Ambrogi welcome Sam Bayard, the Assistant Director of the Citizen Media Law Project and Eric Goldman, Director of the High Tech Law Institute at Santa Clara University School of Law, to discuss the legal issues behind this complex debacle. They look at the shield law, the validity of the search warrant and the legal battle that could possibly lie ahead.

Page URL:    http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2010/05/the-mystery-of-the-missing-iphone/

MP3 Link:    http://websrvr82il.audiovideoweb.com/ny60web16519/LTN/C2C/C2C_050510_iPhoneLeak.mp3

The New Hampshire Supreme Court today issued an important decision upholding the First Amendment rights of online publishers. Harvard Law School’s Cyberlaw Clinic submitted an amicus curiae brief last June on behalf of the Citizen Media Law Project and the Reporters Committee for Freedom of the Press in the case, The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. The reasoning of today’s ruling mirrored arguments in the amicus brief, as the Court concluded that a lower court’s injunction preventing a website from posting a leaked document was an unlawful prior restraint on speech.

In 2008, the mortgage industry website, The Mortgage Lender Implode-O-Meter, published an article detailing administrative actions taken by the New Hampshire Banking Department against mortgage lender The Mortgage Specialists, Inc. The article included a link to a financial document that The Mortgage Specialists allegedly submitted to the state banking authorities, which the Implode-O-Meter website had obtained from an anonymous source. Mortgage Specialists sued the website, demanding that the document be removed from the internet and that the anonymous source be identified. A Rockingham County Superior Court judge granted these requests.   read more »

On April 9, 2010, the Citizen Media Law Project and the Cyberlaw Clinic at Harvard Law School hosted a one-day symposium and CLE program, "Journalism's Digital Transition: Unique Legal Challenges and Opportunities."

The event celebrated the launch of the Online Media Legal Network (OMLN), a legal referral service that connects qualifying online journalism ventures and digital media creators with lawyers willing to provide legal services on a pro bono or reduced-fee basis. We were extremely pleased with the conference, which brought together a great mix of lawyers, academics, journalists, and students. Both the presenters and audience really engaged with the topics and shared many helpful insights.

If you missed it, you can catch up by watching the videos below.  The CLE materials and agenda from the day are also available online.

Enjoy the videos! And if you need legal help, please visit the OMLN website!!

Opening Remarks/Introduction to OMLN by Director David Ardia   read more »

Just a quick reminder that there's still time to register for CMLP's spring conference, which is coming up this Friday, April 9.  Entitled "Journalism’s Digital Transition: Unique Legal Challenges and Opportunities," the program will bring together panels of academics, legal practitioners, and journalists. Topics include:

• Saving Journalism from Itself? Hot News, Copyright Fair Use and News Aggregation
• Building and Managing Online Communities — Anonymity, Defamation and Privacy, Oh My!
• The Future of Journalism: Law and Ethics in a Changing Media Ecosystem

Details on the panel are available here; be sure to check them out because we've got some fascinating panelists coming.  In addition to the panels, Harvard Law School Professor and Berkman Center Faculty Co-Director Jonathan Zittrain will be the lunch speaker, and Joshua Benton of Nieman Journalism Lab will be the dinner speaker. (Note: the speakers for lunch and dinner switched from what we previously publicized due to a scheduling change.)

For more information or to register, please go to the conference website: http://www.omln.org/conference. We have a limited number of free and reduced-fee registrations for academics, public interest attorneys, and students.  Please contact OMLN staff attorney Kimberley Isbell for details about reduced-fee registrations.