Week of October 17, 2008 [1]

Welcome to the Citizen Media Law Brief, a weekly newsletter highlighting recent blog posts, media law news, legal threat entries, and other new content on the Citizen Media Law Project's website. You are receiving this email because you have expressed interest in the CMLP or registered on our site, www.citmedialaw.org. If you do not wish to receive this newsletter, you can unsubscribe by following the link at the bottom of this email or by going to http://www.citmedialaw.org/newsletter/subscriptions.

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The latest from the Citizen Media Law Project blog...

Arthur Bright discusses two recent decisions in Germany rejecting Google's fair use defense.
German Courts Say Nein to Google Image Search [2]

Sam Bayard examines Virginia laws regulating polling place activities.
Documenting Your Vote: Virginia Election Laws [3]

David Ardia announces CMLP's new video primer on election laws.
CMLP Joins with YouTube and PBS to Help Citizens Video Their Vote [4]

Wendy Seltzer points out the inadequacies in the DMCA's counter-notification process.
McCain's YouTube Takedowns Inspire Fair Use Fervor [5]

David Ardia reports on efforts to increase public access to government information.
Celebrating Open Access Day [6]

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Recent threats added to the CMLP database...

Citadel Security Software v Does 1-5 [7]
Posted October 17, 2008

Beard v. The Portland Mercury [8]
Posted October 17, 2008

Holmgren v. Murrieta Opinion [9]
Posted October 17, 2008

BLD Transfer Station v. Paulding.com [10]
Posted October 13, 2008    

Cohen v. Zaic [11]
Posted October 11, 2008   

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Other citizen media law news...

Another paper uses state shield law to protect online commenters
Reporters Committee for Freedom of the Press [12] - Fri. 10/17/08

News media can conduct exit polling in Minn.
First Amendment Center [13] - Thurs. 10/16/08

Cameras invade federal courts. Film at 11.
The Carnegie Legal Reporting Program @ Newhouse [14] - Thurs. 10/16/08

The Fairness Doctrine and the Blogosphere
Balkanization [15] - Tues. 10/14/08

Fair Use Project Files Suit on Behalf of Brave New Films Against Michael Savage and Original Talk Radio Network
Stanford Center for Internet & Society [16] - Mon. 10/13/08

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The full(er) Brief...

"Google appears to be learning the hard way that there's 'kein fairer Gebrauch' (no fair use) in Germany.  The Internet search giant lost two German copyright decisions Monday, as the courts ruled that the thumbnail images that appear in Google Image Search violate German copyright law. . . . [I]t's hard to see how this ruling will be beneficial to German copyright holders in the long run.  Google isn't going to start shelling out royalties for these images.  Rather, as Kevin Smith points out on the Scholary Communications blog at Duke University, the company may simply filter German search results to omit thumbnails that might infringe, which 'would ultimately harm business in Germany more than Google.' . . ." 
Arthur Bright, German Courts Say Nein to Google Image Search [2]

"In the wake of the final presidential debate last night, polls suggest that Virginia is poised to be a key state come November 4.  If you're a Virginia voter thinking about documenting the big day, Virginia election law may affect your ability to use video or still photography in and around your polling place, as well as your ability to interview other voters at the polls. Virginia conveniently includes most of the relevant restrictions on polling place activities in one statute, section 24.2-604 of the Virginia Code. This provision does three things that may be important to you. . . ."
Sam Bayard, Documenting Your Vote: Virginia Election Laws [3]

"As part of a new project spearheaded by YouTube and PBS called 'Video Your Vote,' the Citizen Media Law Project is researching the laws regulating recording activities at polling places.  Our specific focus is on the laws that impact voters' ability to document their own voting experiences through video and still photography, as well as their ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places. The YouTube/PBS initiative aims to educate voters on a wide array of issues associated with voting in America, 'while enabling the world to watch pivotal moments in this historic election as they unfold.' . . . With the help of CMLP intern Stefani Wittenauer and Berkman media producer Dan Jones, we created a video primer that provides a general overview of the law related to video at polling places. For those who want more specific information, we've got a lot of resources available in our legal guide. . . ."
David Ardia, CMLP Joins with YouTube and PBS to Help Citizens Video Their Vote [4]

"There's nothing like a misfired copyright claim to make a presidential campaign see the value of fair use. After finding several of its campaign videos removed from YouTube for copyright claims, the McCain-Palin campaign has fired off an eloquent defense of fair use -- and another illustration of where the DMCA's counter-notification process falls short. The McCain campaign complains that its ads and web videos posted to YouTube have been removed on the complaint of news organizations whose footage was quoted . . . . [W]e shouldn't exempt politicians from the effects of their laws, so perhaps their copyright misadventures can give them a bit more sympathy for the rest of us. Let's hope this fair use defense lasts longer than a DMCA waiting period. . . ."
Wendy Seltzer, McCain's YouTube Takedowns Inspire Fair Use Fervor [5]

"I am sitting in the Berkman Center's conference room listening to Stephen Schultze give an impassioned appeal to increase public access to government information, especially federal court records.  You can listen to his talk through a live webcast feed. . . . Today's talk is a part of the Berkman Center's celebration of the first Open Access Day, which was created to help the public learn and understand more about the opportunities for wider access and use of information.  Open Access Day was inspired by the National Day of Action on February 15th, 2007, led by Students for FreeCulture with support from the Alliance for Taxpayer Access. . . ."
David Ardia, Celebrating Open Access Day [6]