Deepfake technology uses artificial intelligence (“AI”), specifically “deep” learning, to create realistic videos, images and audio of fabricated events. Deepfakes have already found their way into social media, the entertainment industry, the political landscape and are now beginning to impact legal disputes. AI poses the risks that parties could intentionally fabricate evidence or unknowingly believe […]
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EU Court Decision Invalidating Privacy Shield Results in Massive Confusion for U.S. Businesses: Third Addendum
This post is an update. Read the original post here, the first addendum here and the second addendum here. To the relief of tech giants, on July 10, 2023, the U.S. and European Union (EU) finally agreed on a mechanism for international data transfer to replace the Privacy Shield, which had been invalidated in 2020 […]
Read moreCompilations v. Individual Copyright Registrations of Photographs
This post is the sixth in a series on Copyright and Photography. Read the first post here, the second post here, the third post here, the fourth post here, and the fifth post here. The Copyright Office (“Office”) registration process for photographs is both cost effective and relatively uncomplicated, while offering a number of forms to address various objectives. […]
Read moreNative American Mascoting in K-12 Schools
This is a continuation of our conversation about renaming entities, including educational institutions, public spaces and museums, and holidays like Columbus Day. Native American names, symbols and innuendos have been used in the sports world for more than a century. While many college and professional sports teams have addressed their offensive mascots and sport traditions, there […]
Read moreFair Use Defense After Warhol v. Goldsmith SCOTUS Decision
On May 18, 2023, the Supreme Court, in a 7-2 opinion, affirmed the decision of the United States Court of Appeals for the Second Circuit in favor of photographer Lynn Goldsmith (“Goldsmith”) holding that the “purpose and character” of the particular commercial use by the Andy Warhol Foundation (“AWF”) of Goldsmith’s photograph did not meet […]
Read moreThe Blueprint for an AI Bill of Rights and Its Impact
After a yearlong process of gathering input from communities, policymakers and experts across fields and sectors, The White House Office of Science and Technology Policy (“Office”) released a “Blueprint for an AI Bill of Rights” (“Blueprint”) in fall 2022 to guide the responsible design, use and deployment of automated systems and artificial intelligence. The Office […]
Read moreSatire and Parody in the Recent SCOTUS Decisions
Update: The Ninth Circuit case Diece-Lisa Industry, Inc. v. Disney Store USA LLC, U.S., No. 22-347, may shed some light on the line between artistic expression and source identification. Originally, the Rogers test had cleared Disney’s use of the mark at issue, but the case has been remanded in light of Jack Daniel’s Inc. v. […]
Read moreDeepfakes and the 2024 Election
In March 2023, a photograph of Pope Francis showed him uncharacteristically fashionable in a long white cinched puffer coat. That same month, photographs of former President Trump being tackled by New York City police officers circulated on Twitter, attracting five million views. If these events seem implausible, or you’re surprised that they didn’t make major […]
Read moreYouth Privacy and Data Collection Online
While technology provides children with the benefits of social connection and belonging, there are also adverse effects on children and teens’ physical and mental well-being and concern about how their personal data is used. Children are accessing the Internet from an early age and they and their parents need to understand what data is being […]
Read moreHow to Protect Your Domain Name Using UDRP Proceedings
The state of Maryland learned the hard way about the risks of not maintaining domain ownership. In order to appreciate the pickle the state got itself in, it’s necessary to understand the importance of separately protecting trademarks and domain names in order to ensure full brand protection. Domain Names vs. Trademarks From 2012 to 2016, […]
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