Justia Communications Law Opinion Summaries

The Copyright Act of 1976 gives a copyright owner the “exclusive righ[t]” to “perform the copyrighted work publicly,” 17 U.S.C. 106(4), including the right to “transmit or otherwise communicate ... the [copyrighted] work ... to the public, by means of any device or process, whether the members of the public capable of receiving the performance ... receive it in the same place or in separate places and at the same time or at different times,” section 101. Aereo sells a service that allows subscribers to watch television programs over the Internet. Aereo’s server tunes an antenna, which is dedicated to the use of one subscriber, to the broadcast carrying the selected show. A transcoder translates the signals received by an antenna into data that can be transmitted over the Internet. A server saves the data in a subscriber-specific folder and streams the show to the subscriber, a few seconds behind the over-the-air broadcast. The owners of program copyrights unsuccessfully sought a preliminary injunction, arguing that Aereo was infringing their right to “perform” their copyrighted works “publicly.” The Second Circuit affirmed. The Supreme Court reversed and remanded, holding that Aereo performs the works within the meaning of section 101 and does not merely supply equipment that allows others to do so. The Court noted that the Act was amended in 1976 to make the law applicable to community antenna television (CATV) providers by clarifying that an entity that acts like a CATV system “performs,” even when it only enhances viewers’ ability to receive broadcast television signals. Aereo’s activities are similar; it sells a service that allows subscribers to watch television programs, many of which are copyrighted, virtually as they are being broadcast. That Aereo’s system remains inert until a subscriber indicates that she wants to watch a program is not critical. Aereo transmits a performance whenever its subscribers watch a program. The Court stated that when an entity communicates the same contemporaneously perceptible images and sounds to multiple people, it “transmit[s] ... a performance” to them, regardless of the number of discrete communications it makes and whether it makes an individual personal copy for each viewer. Aero subscribers are “the public” under the Act: a large number of people, unrelated and unknown to each other. View "Am. Broad. Cos. v. Aereo, Inc." on Justia Law

Scottie Pippen won six championship rings with the Chicago Bulls and was named to the National Basketball Association’s list of the 50 greatest players in its history. Since he retired in 2004, he has lost much of the fortune he amassed during his playing days through bad investments. He has pursued multiple lawsuits against former financial and legal advisors. The media learned of Pippen’s problems and several news organizations incorrectly reported that he had filed for bankruptcy. Pippen contends that the false reports have impaired his ability to earn a living by product endorsements and appearances. He filed suit, alleging that he was defamed and cast in a false light. The district court dismissed, finding that the falsehoods did not fit any of the categories of statements recognized by Illinois law to be so innately harmful that damages may be presumed and that the complaint did not plausibly allege that the defendants had published the falsehoods with knowledge the statement was false or reckless disregard of whether it was false, as required for a public figure such as Pippen to recover defamation damages. The Seventh Circuit affirmed. View "Pippen v. NBC Universal Media LLC" on Justia Law

The Tennessee Adult-Oriented Establishment Registration Act of 1998 is a county-option state law to address deleterious secondary effects associated with adult-oriented businesses, including crime, spread of venereal disease, and decreased property values. Adult-oriented establishments that are subject to the Act, and their employees, must obtain licenses. The Act prohibits nudity, certain sexual activities, touching of certain anatomical areas, all physical contact during performances, sale or consumption of alcohol on the premises; it requires that all performances occur on a stage at least 18 inches above floor level with all performers at least six feet away from customers and other performers. Shelby County adopted the Act in 2007. Owners of adult establishments challenged the ordinance. Following denial of a preliminary injunction, the district court granted summary judgment upholding the law, except with respect to a claim of facial invalidity attacking the reasonableness of coverage of establishments featuring “briefly attired” dancers. The court then rejected that challenge. The Sixth Circuit affirmed, rejecting First Amendment challenges. View "Entm't Prods., Inc. v. Shelby Cnty." on Justia Law

Hart was a quarterback, player number 13, with the Rutgers University NCAA Men’s Division I Football team, 2002 through 2005, and was required to adhere to the NCAA amateurism rules. These rules state that a collegiate athlete loses his or her “amateur” status if the athlete uses his or her athletics skill (directly or indirectly) for pay in any form in that sport or accepts any remuneration or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind. Hart was very successful and was included in EA’s successful NCAA Football videogame franchise. In the game NCAA Football 2006, for example, Rutgers’ quarterback, player number 13, is 6’2” tall, weighs 197 pounds and resembles Hart; it shares his home town, team, and class year. Hart sued EA, alleging violation of his right of publicity by appropriating his likeness for use in the NCAA Football series of videogames. The district court dismissed on First Amendment grounds. The Third Circuit reversed, holding that the games did not sufficiently transform Hart’s identity to escape the right of publicity claim. . View "Hart v. Electronic Arts, Inc." on Justia Law

In 2011, the Michigan legislature enacted laws that barred sexually oriented businesses from displaying signs on the premises that contained more than “words or numbers,” Mich. Comp. Laws 125.2833; and imposed similar restrictions on off-site billboards, Mich. Comp. Laws 252.318a. In response to a First Amendment challenge, the district court preliminarily enjoined enforcement. The state stipulated to a final judgment declaring both laws facially unconstitutional and permanently enjoining enforcement. Two months later, Platinum, represented by the same attorney who had won the first lawsuits, sued the same defendants, challenging the same laws on the same free speech grounds. The district court dismissed. The Sixth Circuit affirmed. The legal possibility that “this Governor or this Attorney General will enforce these laws in the face of these injunctions is: zero.” Platinum Sports has no cognizable theory of injury. View "Platinum Sports Ltd. v. Snyder" on Justia Law

In 2006 a teenager accused Gakuba of kidnapping and raping him. State charges are pending Gakuba sued under 42 U.S.C. 1983, claiming that investigating police barged into his Rockford hotel room without a warrant and seized his wallet and other items after obtaining Gakuba’s video rental records from Hollywood Video to corroborate the accuser’s story that he had spent time watching videos in Gakuba’s room. He also sought damages under the Video Privacy Protection Act, 18 U.S.C. 2710. The district court dismissed without prejudice, granting Gakuba leave to amend his complaint if the indictment concluded in his favor. The court advised Gakuba that certain claims would be barred on immunity grounds. The Seventh Circuit vacated. Gakuba’s claims of damages resulting from illegal searches, seizures, and detentions involve constitutional issues that may be litigated during the course of his criminal case. Monetary relief is not available to him in his defense of criminal charges and his claims may become time-barred by the time the state prosecution has concluded, so the district court should have stayed rather than dismissed Gakuba’s civil-rights claims. The court noted that Hollywood Video employees knowingly disclosed his rental information to the police without a warrant. View "Gakuba v. O'Brien" on Justia Law

Bogie attended a comedy show featuring Joan Rivers, who told a joke about Helen Keller, offending an audience member who had a deaf son. The audience member heckled Rivers; their brief exchange was filmed and was part of the documentary. When Rivers exited to a backstage area, closed to the public, Bogie gained entry and expressed frustration with the heckler and sympathy for Rivers. Rivers responded with an expression of sympathy for the heckler. The film shows at least three others present. The interaction was filmed and included in the documentary entitled Joan Rivers: A Piece of Work. Bogie’s conversation lasted 16 seconds in the film’s 82 minutes, 0.3 percent of the entire film. The documentary was distributed nationwide. Bogie alleges that she was portrayed in the film as having approved of condescending and disparaging remarks by Rivers toward Wisconsin, its citizens, and the heckler. Bogie’s complaint alleged that her privacy was invaded by the distribution of the film and that the film misappropriated her image for commercial purposes without her consent. The district court dismissed. The Seventh Circuit affirmed, reasoning that the footage was “incidental,” newsworthy, and not used for advertising. View "Bogie v. Rosenberg" on Justia Law

In 2001 Fox sought to register a mark having a literal element, consisting of the words COCK SUCKER, and a design element, consisting of a drawing of a crowing rooster. Since 1979, Fox has used this mark to sell rooster-shaped chocolate lollipops, which she “displays . . .in retail outlets in small replicas of egg farm collecting baskets to emphasize the country farmyard motif.” The consumers targeted by Fox’s business are, primarily, fans of teams that have gamecocks as mascots. The Trademark Trial and Appeal Board affirmed refusal by the examiner to register her mark, citing 15 U.S.C. 1052(a). The Federal Circuit affirmed, holding that a mark that creates a double entendre falls within the proscription of the section where, as here, one of its meanings is clearly vulgar. The section’s prohibition on registration of “immoral ... or scandalous matter” includes a mark that is “vulgar.”View "In re: Fox" on Justia Law

ActiveVideo asserted that Verizon’s video on demand (VoD) feature of the FiOS-TV system infringed its 578, 678, and 883 patents, which share a common specification and generally disclose and claim interactive television systems and methods for delivering interactive television to subscribers. Verizon counterclaimed that ActiveVideo infringed three of its patents. The jury found that Verizon infringed four ActiveVideo patents and that ActiveVideo infringed two Verizon patents and awarded damages to both. The court entered an injunction against Verizon but delayed enforcement for six months during which Verizon was ordered to pay a sunset royalty. The Federal Circuit reversed the injunction and the judgment of infringement against Verizon as to one patent; vacated the grant of summary judgment of invalidity as to one Verizon patent is vacated and remanded for further proceedings. The court affirmed other findings of infringement and the imposition of a sunset royalty. View "ActiveVideo Networks, Inc. v. Verizon Commc'n, Inc." on Justia Law

The “Hot News Babes” feature of Hustler magazine invites readers to nominate young, attractive female news reporters for a monthly prize. In 2003, Bosley, a 37-year-old news anchor, entered a “wet t-shirt” contest at a Florida bar and ultimately danced nude. Durocher, took pictures without Bosley’s knowledge and published them on lenshead.com. Durocher included a visual copyright notice and a general warning. A few months later, Bosley lost her job when the story was reported. To end the photographs’ dissemination, Bosley bought and registered the copyright. In 2004, Bosley was employed as a television reporter in another city. In 2005, a reader advised Hustler of the availability of the pictures online and of Bosley being the “HOTTEST.” Hustler published the Durocher nude photograph in 2006 with text describing Bosley. Bosley’s suit alleged direct copyright infringement, 17 U.S.C. 101; contributory infringement, 17 U.S.C. 101; vicarious infringement, 17 U.S.C. 106(1), (3), (5); violation of Ohio common law right of privacy; violation of the Ohio statutory right of publicity; and violation of the Ohio Deceptive Trade Practices Act. Only the direct infringement claim survived. The jury rejected a fair use defense, but found the violation not willful, and awarded $135,000 plus fees. The Sixth Circuit affirmed. View "Balsley v. LFP, Inc." on Justia Law