Insights

Options for Removing Objectionable Content on Social Media Platforms

Carolyn Wimbly Martin and Sara Etemad-Moghadam

In today’s environment, most of us are likely to have a photograph or video on social media we would rather not have everyone seeing. Maybe it’s an unflattering photograph, an embarrassing video, a post of their minor children or an old photo with an ex-flame. When someone shares a photo or video of an individual […]

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Add ‘Knowing Your Rights Regarding Health and Education Records’ to Your College Prep Checklist

Carolyn Wimbly Martin and Sara Etemad-Moghadam

As your child embarks on their college journey, it is essential to have conversations that go beyond choosing matching towels and bed sheets for their dorm room. Most students and their parents are unaware of the Family Educational Rights and Privacy Act (“FERPA”). This Act safeguards student education records and regulates the sharing of personal […]

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Deepfakes in Litigation

Carolyn Wimbly Martin and Sara Etemad-Moghadam

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 […]

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Compilations v. Individual Copyright Registrations of Photographs

Carolyn Wimbly Martin and Dana Sussman

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. […]

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Native American Mascoting in K-12 Schools

Carolyn Wimbly Martin and Sara Etemad-Moghadam

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 […]

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Fair Use Defense After Warhol v. Goldsmith SCOTUS Decision

Carolyn Wimbly Martin and Sara Etemad-Moghadam

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 […]

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Satire and Parody in the Recent SCOTUS Decisions

Carolyn Wimbly Martin and Dana Sussman

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. […]

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Deepfakes and the 2024 Election

Carolyn Wimbly Martin and Sara Etemad-Moghadam

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 […]

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