The United States District Court for the Middle District of Florida recently dismissed all claims against the coupon database and news website Coupons in the News, reinforcing protections for online publications and associated photographs that are of legitimate public concern.  See Anderson v. Best Buy Stores, Case No: 5:20-cv-41-JSM-PRL (M.D. Fla. July. 28, 2020).

The lawsuit arose over a disagreement about the use of expired coupons at a Best Buy store.  Courtney Anderson allegedly caused a disturbance by pulling down her pants during the argument, ultimately finding herself under arrest for disorderly conduct. Coupons in the News, a website offering coupons, advertisements, and a news service pertaining to couponing, posted an article on its website that detailed Anderson’s alleged actions at the store and included her mug shot. The article labeled Anderson the “Pantless Couponer.”


Continue Reading Florida Court Reinforces Protections for Newsworthy Publications

Last week, it was announced that eminent entertainment law firm Grubman, Shire, Meiselas and Sacks (Grubman) was the victim of a significant cyberattack. Current reports suggest that in addition to encrypting the firm’s data, so that the firm cannot gain access to its own files, the perpetrators made away with a massive amount of privileged data, including contracts, nondisclosure agreements, phone numbers, email addresses, and private correspondence of the firm’s clients. The attack has garnered international attention for the high-profile individuals potentially affected and the large public ransom demand, which stands at $42,000,000 as of this writing.

The attack involved the use of well-known ransomware (called REvil/Sodinokibi), which has been used in a number of other high-profile cyberattacks, such as the one on foreign exchange firm Travelex. The identities of the attackers are not publicly known, but the track record of REvil’s operators suggests they are sophisticated and experienced. The perpetrators have released a handful of documents to prove the validity of their claims, and sources suggest that they will publish the data in installments if their demands are not met.
Continue Reading The Grubman Ransomware Attack and What It Means for the Cyber Risks That You May Face

Supermodel Jelena Noura “Gigi” Hadid was not the first celebrity to be photographed by paparazzi and then to post the resulting photo to social media, nor was she the first to be subsequently sued for copyright infringement for doing so. Other celebrities, including Jennifer Lopez and, most recently, Victoria Beckham, have made news for the same situation.

This trend falls into an interesting intersection of two significant tenets of law: a celebrity’s right of publicity in their own image and a photographer’s right to copyright their artistic work. The district court dismissed the case due to a lack of a copyright registration. In addition to that defense, though, her attorneys also raised the defenses of fair use and implied license. The second may have begun paving the way for future legal challenges to clarify these issues by raising a novel argument—implied license—alongside the more typical defense of fair use.


Continue Reading Are Paparazzi Images Fair Game for Social Media?