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Reputation

Last week, the New York Times filed a lawsuit against Contessa Bourbon for causing substantial damage and injury to the paper’s business, goodwill and reputation. Despite having never worked for the Times, Contessa has been representing herself as one of their reporters – both in person, and on social media. According to the lawsuit, Bourbon pretends to be a NYT reporter to gain access to press events: she recently interviewed US Education Secretary Betsy DeVos and the Turkish Ambassador under such pretenses. Despite receiving cease and desist letters from the Times previously, Bourbon continues her charade. She tweets about articles she claims to have written for the paper, and her profiles on Facebook, LinkedIn, and Instagram state that she is a NYT reporter. However, with the exception of impersonating police officers or medical doctors (and in England, solicitors), simply pretending to be someone you’re not isn’t technically illegal. The problem impersonators and poseurs face is when they (almost inevitably) break laws concerning privacy matters, defamation, criminal fraud – or, in the NYT’s case – intellectual property.

this post is featured on the University of the Arts London's intellectual property blog, creativeIP.org

♫♬ Now we've got problems / and I don't think we can solve them (without lawyers...)
The right to freedom of expression is not an absolute right: there are certain restrictions in place to protect an individual's reputation. But those restrictions vary significantly, depending on which side of the Atlantic you're on. Considering the shared legal traditions of the United States and Great Britain, their differences on the issue of free speech is surprising.  In early September, PopFront published an article entitled "Swiftly to the alt-right: Taylor subtly gets the lower case kkk in formation." Exploring the singer's (somewhat convoluted, if not contrived) connections to the American alt-right, PopFront suggests Swift's song "Look What You Made Me Do" resonates with Breitbart readers, Trump supporters, and white supremacists, et al. The article also shows a screenshot from Swift's music video juxtaposed with a photo of Hitler, noting that "Taylor lords over an army of models from a podium, akin to what Hitler had in Nazi Germany."

Earlier this month, Representative Frederica Wilson of Florida reported that President Trump made insensitive, off piste comments over the phone to the widow of a soldier recently killed in Niger. According to Wilson, Trump told Myeshia Johnson that her husband "knew what he signed up for, but I guess it still hurt." Trump flatly denied such comments. President Trump's Chief of Staff, retired Marine Corps General John Kelly, rushed to Trump's defense. Kelly called Congresswoman Wilson an "empty barrel," and noted he was "stunned" over alleged comments she made "grandstanding about her own actions in Congress" at a building dedication ceremony honouring slain FBI agents.