Most recent blog posts

Last summer (June 2022), a broad range of technology companies, social media platforms, advertising agencies, and journalism organisations joined together to deliver the 2022 Strengthened Code of Practice on Disinformation (“2022 Strengthened Code”). The signatories – which include the likes of Google, Twitter, Meta, Microsoft, and TikTok – have recently launched the Transparency Centre, an online hub where visitors can access data regarding actions taken and policies implemented …

there is a growing concern about those forms of synthetic media which could be used in a political context, to harm democratic processes or otherwise disrupt government policy.

In July 2021, the UK Government’s Department for Business, Energy & Industrial Strategy published a policy paper entitled The UK Innovation Strategy: leading the future by creating it (the “Strategy”). The purpose of the Strategy is to set out various objectives and policy ambitions to help make the United Kingdom a global hub for innovation by 2035. As part of London Tech Week 2022, Tim Ryan, head of …

This article was written by Tanya Petersen, who interviewed Kelsey Farish for the École polytechnique fédérale de Lausanne (Swiss Federal Institute of Technology Lausanne) magazine, Dimensions (Summer 2021). Dimensions offers a series of in-depth articles, interviews, portraits and news highlights, and is available in English and in French. Republished here with kind permission from EPFL.  Kelsey Farish describes herself as an actor who got lost on her way to drama school …

This article was originally written for and published on LexisNexis. Published 1 June 2021 The Facebook Oversight Board (the board) announced in May 2021 that it upheld Facebook’s decision to temporarily suspend Trump’s account following content he posted during the US Capitol riots on 6 January 2021, on the grounds that doing so was ‘necessary and proportionate to protect the rights of others’. However, the board …

The news stories and research papers about deepfakes that caught my attention in March – April 2021.

In February 2021, a U.S. federal court in the state of Maryland handed down a decision regarding Jack Ryan, one of Hollywood’s most prolific spies. However, after nearly 90 pages of legal analysis and a review of events reaching back to the 1980s, the Judge was unable to determine who owns rights to Jack Ryan as a fictional creation. In declining to dismiss the plaintiff’s …

When you hear about deepfakes, what first comes to mind? Many people will often imagine funny but ultimately innocent face-swapping videos depicting celebrities or politicians, which are then shared on social media. Some people may also be aware of how the technology is used as a means of image based sexual abuse, or so-called revenge porn. But in reality, deepfakes can be used for an incredibly …

The beautiful Middlesex Guildhall is the home of the Supreme Court of the United Kingdom. Established under the Constitutional Reform Act 2005, the Supreme Court assumed the judicial functions of the House of Lords in 2009. Although not as powerful as the supreme courts of some other countries – it cannot, for example, overturn primary legislation of Parliament – the UKSC is the final court …

My reflections from Week 2 of the CopyrightX programme at Harvard Law School. Dmitri Shostakovich (1906 – 1975) was a Soviet and Russian composer and pianist, whose piano concertos (such as this one) I really enjoy, and often listened to while studying in law school. Shostakovich is regarded as one of the major composers of the 20th century, and has significant historic importance due in …

My reflections from Week 1 of the CopyrightX programme at Harvard Law School. Can bad art benefit from copyright protection? Yes! In fact, even something that is not artistic at all can be copyright protected, provided that it is original and creative. But does this mean that judges should necessarily shy away from evaluating artistic merit? Copyright protects original works of authorship fixed in any …

I'm so excited to announce that I've been selected for CopyrightX, a programme run by Harvard Law School and Harvard's Berkman Center for Internet & Society. For 12 weeks (late January – April) I'll be exploring the current law of copyright, and the impact of that law on art, entertainment, and industry. I'll also be sharing my thoughts on my coursework here on kelseyfarish.com, under …

I'm a London-based media and technology lawyer at DAC Beachcroft, and have been researching and writing about deepfakes for a few years. In light of my recent interview for Deep Fakes: Can You Trust Your Eyes? (Dispatches, Channel 4, 28 December) here is a list of my key publications about this fascinating form of synthetic media. Follow me on Twitter for more!Last updated December 2020 …

It's no good if a lawyer only knows the law, but not how it applies in practice. To that end, it is imperative that media lawyers stay on top of current events and various industry developments. But how do you actually do that? I was asked this by the Film Law Society, and this was my advice… The Key Point: Small pieces of information, more …

I was asked by the Society of Computers and Law (SCL) to give my predictions, as a media and technology lawyer, on what 2021 has in store for us! Here are my thoughts on social media regulations and artificial intelligence laws. You can read the transcript below the video. SCL is a registered educational charity in England that seeks to cultivate discussion and provide foundational …

This article was co-authored by myself and my colleague, trainee lawyer Alexander Dimitrov. It was originally published on our law firm's website on 10 December 2020. To what extent does an individual footballer actually ‘own’ his or her image rights? Could a footballer object to the use of their image and attributes in a video game? Photo JESHOOTS.COM While the newest edition of the FIFA …

On Wednesday 7 October 2020, I was delighted to be on the panel for a webinar masterclass organised by Krissi Boakye of AH Innovations, to help people navigate the wonderful world of start-ups, side hustles and content creation. The event was hosted by Chipo Kureya, a thought leader, activist and actor, who asked me several questions about the importance of intellectual property (IP). Here I …

I was recently interviewed by Jason Murdock, a reporter for Newsweek, for his article, "What Could Happen to Facebook Under a Joe Biden Presidency, and Should Zuckerberg Be Worried?" In this post, I expand on the quotes I provided in that article regarding section 230 of the Communications Decency Act of 1996.

Defamation laws – to include slander and libel – seek to protect someone's personal reputation and character from destructive attacks. However, these laws must do so without sacrificing freedom of thought and the benefit of public discussion. How is this managed under English law?

Are you a content creator who has been approached by a brand that wants to use your photos? Are you a burgeoning professional photographer, who wants to syndicate your images? Maybe you want to collaborate with another person, whose images you'd like to post on your social media accounts or website. In these situations, you might want to consider entering a licence agreement. But before …