the landscape of the law
TRANSCRIPT
Sunshine Laws Libel
Anti-SLAPP
StatutesPrivacy
Copyright and
Trademark
The Landscape of the Law:Showing the coast without running aground
Sunshine Laws
• Open Government, Freedom of Information, Open Records, Open Meetings, Open Courts
• Provide for public access to government information, data and meetings
• Exceptions: personnel matters, legal advice
• Issues: “Round-robbining,” private settlements
Libel
Libel = a false statement about someone, made with the legally required level of fault, that damages the person’s reputation and is not protected by a legally-recognized privilege
Required level of fault:• Public officials, public figures: “actual malice” (actual knowledge of falsity or
reckless disregard)• Private figure, matter of public concern: state sets standard, but actual malice
required for punitive damages• Private figure, not matter of public concern: state sets standard• Louisiana standard is “malice”: “lack of reasonable belief in the truth of the
statement giving rise to the defamation” (Kennedy v. Sheriff of East Baton Rouge, 935 So.2d 669 (La. 2006)).
legally-recognized privilegesFair report of government proceedings, fair comment, parody
Libel
Western Fuels Association v. Turning Point Project, No. 00-CV-074-D, 2001 U.S. Dist. LEXIS 26301 (D. Wyo. 2001).• Turning Point Project and other environmental
groups ran ad in New York Times about global warming
• Association of utilities with coal-burning plants and coal mine owners sued for false statements disparaging their products (Lanham Act)
• Dismissed on jurisdiction and venue grounds
Libel
Franklin Prescriptions, Inc. v. New York Times Co., 424 F.3d 336 (3d Cir. Pa. 2005).
Anti-SLAPP Statutes
StrategicLawsuitsAgainstPublicParticipation
SLAPPs = lawsuits filed to stifle debate on public policy
Anti-SLAPP Statutes
Sierra Club v. Butz, 349 F. Supp. 934 (N.D. Cal. 1972).• Sierra Club sued to stop logging on U.S. Forest Service land in California• Logging company countersued, claiming original suit was “interference
with contract”• Court dismissed countersuit on 1st Amendment grounds
Sierra Club v. Super. Ct. , 168 Cal. App. 3d 1138 (1st Dist. 1985)• Sierra Club opposed expansion of seaside hotel in California• Coastal commission approved expansion; Sierra Club sued to stop it• Court held that commission used incorrect standard, and remanded• After expansion denied on remand, hotel owners sued Sierra Club for
malicious prosecution• Trial court dismissed hotel owners’ suit; appeals court affirmed
Anti-SLAPP Statutes
Hometown Properties, Inc. v. Fleming, 680 A.2d 56 (R.I. 1996).• Defendant Nancy Fleming sent letter following up on meetings with
Rhode Island environmental officials alleging that landfill had contaminated drinking water in North Kingstown, R.I.• Landfill owner sued Fleming for libel and interference with contract• Appeals court ordered dismissal pursuant to anti-SLAPP statute
Morton Grove Pharms., Inc. v. Nat'l Pediculosis Ass'n, 485 F. Supp. 2d 944 (N.D. Ill. 2007).• Ecology Center supported Michigan legislative effort to limit use of
drugs containing lindane (banned pestiside; still used in lice treatment)• Lindane manufacturer sued for libel, seeing $9.3 million• Trial court dismissed lawsuit for lack of jurisdiction
Anti-SLAPP Statutes
Anti-SLAPP Statutes = allow for early dismissal of SLAPP suits
27 states
Louisiana Code of Civil Procedure, Article 971
Privacy
Privacy Claims:• Intrusion of seclusion• “reasonable expectation of privacy”
• Private facts•Misappropriation (Right of publicity)• False light
Privacy
Streisand v. Adelman, No. SC 077 257 (Cal. Super. 2003).
California Coastal Records Project / © 2002-2012 Kenneth & Gabrielle Adelman
Copyright and Trademark
Copyright Basics
• Protects expression of ideas, NOT facts and abstract ideas• Copyright exists IMMEDIATELY open creation of a work• Registration, copyright notice NOT required (but confer legal
benefits)• Most materials created since 1923 are still covered by copyright• Placing material online DOES NOT remove copyright protection• Unauthorized reuse of copyrighted work is infringement, unless
it can be characterized as fair use
Copyright and Trademark
Fair Use (17 U.S.C. § 107)
• Allows some use of copyrighted work for socially valuable reasons• Education, Scholarship, Research• News Reporting• Criticism, Commentary, Parody, Satire
• Factors:• Purpose and Character of the Use• Nature of the Copyrighted Work• Amount of Original Work Used (NO “MAGIC LIMIT”)• Effect on Potential Market Value of Original Work (often most
important)
Copyright and Trademark
What Can You Use?
• Federal government materials (no copyright)• Creative Commons• Materials in Public Domain• Copyrighted Works with Permission• Fair Use • education, news reporting, commentary, criticism
Sunshine Laws
Libel Anti-SLAPP
Statutes
Privacy Copyright and
Trademark
Eric P. Robinson, [email protected]
www.bloglawonline.com