Having handled the first landmark Twitter defamation case (involving Courtney Love) as well as having represented Perez Hilton, our guest Bryan Freedman is a seasoned lawyer in the still-murky waters of the web.
The issues of defamation, copyright and fair use are examined, along with several current high profile cases, from John Travolta to John Edwards. As media gets more and more pirated, we are happy to bring you some more original information on Media Mayhem.
Bryan Freedman has been a trial lawyer since 1991 and has extensive experience litigating unique and complex entertainment, real estate, employment and commercial disputes. Bryan’s clients include large and small internet-based entertainment companies, motion picture, television and production companies, talent agencies, actors, personal and business management firms and others.
Bryan and his partner, Michael Taitelman (also named a Southern California Super Lawyer and Rising Star) have been friends since their college days at the University of California at Berkeley, and started Freedman & Taitelman, LLP in 1997 to provide the same large firm litigation expertise and aggressiveness along with smaller firm client attention and efficient cost management. Bryan takes an active role in all matters and focuses on effective strategies to help his clients attain their goals. Bryan graduated from the University of California at Berkeley with a Bachelor of Arts in Philosophy in May 1987 and obtained his Juris Doctorate in May 1990 from the University of Pacific, McGeorge School of Law. He resides with his wife Denise and his two sons, Spencer and Jared, in Pacific Palisades, California.
Bryan has become well known for his litigation involving social media, specifically twitter. Bryan represents notorious Web personality Perez Hilton and Deadline Hollywood’s Nikki Finke’s employer Penske Media Corp., and he litigated a first-of-its-kind Twitter defamation case against Courtney Love on behalf of a fashion designer. Eventually, Love settled for $430,000, a big win for Freedman’s client. Ever since, his phone has been ringing off the hook from hundreds of folks believing they, too, have been defamed on Twitter. He compares social media to the Wild West. “One day, we’ll look back in disbelief and say, “I can’t believe they could actually say that.”
00:01 Media Mayhem Introduction.
00:36 Welcoming Brian Freedman.
02:54 The Courtney Love Twitter case.
04:24 “When does Twitter rise to the level of defamation?”
06:25 Trying to hedge word choice and qualifiers.
07:02 The media response to the Courtney Love case.
08:29 Using aliases to try to hide online.
09:29 “How was the lawsuit reported?”
11:42 Using the same venue to apologize for damage.
13:15 Continued Courtney Love Twitter controversies.
15:18 The evolving standard of defamation in the wake of the case, and the public settlement.
19:38 The costs of being brazen with speech–the new world of content.
21:46 Representing Perez Hilton.
24:04 The risks of filing a defamation lawsuit.
27:28 Defining the anti-slap motion.
28:44 The available remedies for public figures that are featured in websites.
30:32 The need of lawyers to have website experience.
32:05 The substantial work of publicists.
33:26 The Hollywood Reporter’s plagiarism case of codes and content.
37:15 Stealing stories as a business practice.
41:47 Plagiarized articles and recycling stories as a business model.
46:16 The John Edwards trial–Case of the Week.
52:06 John Travolta and the costs of a public defense.
54:55 Thanks and Goodbye!