Journal of Intellectual Property Law & Practice
- Do deepfakes pose a golden opportunity? Considering whether English law should adopt California’s publicity right in the age of the deepfake
There is a growing concern that deepfakes could be used to extort, intimidate, or otherwise defame an individual. In such instances, could the victim portrayed in the deepfake bring a lawsuit against its creator? In California, perhaps. There, a person has a statutory and common law “publicity right”, which is a cause of action used to prevent or penalize any misappropriation of one’s image, photograph, or voice. By contrast, the lack of a recognized image right under English law can be a source of frustration amongst claimants, and debate amongst lawyers. Drawing upon her knowledge of English and Californian law, the author explores whether or not California’s codified publicity right is superior to that of the English piecemeal approach, using the deepfake phenomenon as a case study. An earlier draft of this paper is also available on SSRN.
- Q&A – the legal implications and challenges of deepfakes
Intellectual Property analysis: What are the legal implications of audiovisual manipulation and deepfakes and what challenges do they pose to intellectual property rights, rights in personal information and image rights? How can ordinary people as well as celebrities limit their exposure to the risk of deepfakes? How is UK law currently set up to deal with deepfakes? How are social media platforms taking action to combat deepfake creation and proliferation and how can they stop the spread across jurisdictions of a problematic deepfake?
Society of Computers & Law
- Webinar: Me & My Deepfake – a closer look at image rights and our digital selves
Using deepfakes as a case study, join technology and media solicitor, Kelsey Farish, as she discusses how incredibly realistic digital versions of ourselves have the potential to disrupt our personal lives, certain aspects of the law, and society more generally. Her webinar will include a short demonstration of deepfake generation, and will consider the challenges that deepfakes pose to intellectual property rights and image (personality) rights.
JURIST – Legal News and Commentary from the University of Pittsburgh
- AI and the Auteur: Implications of Using Artificial Intelligence in Film Studio Decision-Making
Given the inherent financial risk involved in film making, some now believe artificial intelligence, rather than human expertise, is best placed to select which films are most likely to provide suitable returns on investment.
DAC Beachcroft (Current law firm, from August 2019)
- Is someone stealing your Instagram posts? 8 Things to know about copyright infringement on social meda
Putting photos or other forms of creative content on social media is a key part of gaining exposure and growing one’s business. However, sharing work online also puts it at risk of being used in ways you did not consent to. Here are just a few things to know about copyright protection for content posted to social media.
- The legal implications and challenges of deepfakes
Intellectual Property analysis: Kelsey Farish, solicitor specialising in technology at DAC Beachcroft, considers the issue of ‘deepfakes’, its legal implications and the challenges it poses to intellectual property rights. She also considers how UK law is set up to deal with deepfakes and how one might limit their exposure to the risk of deepfakes. This article was originally published on LexisNexis.
- US copyright enters the social media age
From August 2020, the US Copyright Office (USCO) will allow group registrations of short online literary works, which will mean enhanced copyright protections are available for short social media posts, blog entries, and other online articles. To explore why USCO is taking this particularly interesting policy step, this article briefly considers the formalities of the copyright regime in the US, together with the ongoing debate concerning how best to modernise legislation appropriately for the digital age.
- PropTech and Sustainability
When people think about climate change, images of heavily polluted skies above major cities or of sea turtles swimming amongst plastic bottles often come to mind. But with the public now increasingly aware of the impact human activity has on the environment, more emphasis is being placed on the sustainability of the built environment. In this article, I explain some of the ways in which the real estate sector can use technology (known as “PropTech”) to address sustainability and conservation goals.
- Deepfakes: the implications for business
Earlier this year, in his Worldwide Threat Assessment address to the US senate, Director of National Intelligence Dan Coates listed two threats as more pressing than any other: cyber-attacks and online influence operations. Deepfakes are a rising, relatively new, manifestation of subversive digital activity. Why should businesses care? Also published on Insurance Day.
- Try Before You Buy: Acceptance testing in technology contracts
User acceptance testing (UAT) is defined as formal testing with respect to user needs, requirements, and business processes, which is conducted to determine whether or not a system satisfies certain acceptance criteria. It is an essential aspect of many types of technology contracts, but is often overlooked. This note aims to break down the key aspects of the UAT process, and provides a checklist of things to consider from both a customer and a supplier’s perspective.
- Artificial Intelligence and the Insurer
Artificial intelligence (AI) is an increasingly pervasive aspect of modern life, thanks to its role in a wide variety of applications. The technological advancement and applicability of AI systems has exploded due to, cheaper data storage costs, increased computing resources, and an ever-growing output of – and demand for – consumer data. As such, we expect to see change in several critical aspects of the insurance industry.
The University of Arts London, CreativeIP
- Reputation: Taylor Swift’s protections under American and English defamation law (24 November 2017).
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.
- Avoiding legal problems when using a celebrity’s image on your products (30 January 2018)
It may be tempting to use a celebrity’s photograph or signature to endorse your own business, but doing so without considering the celebrity’s “image rights” may cause legal problems.
Preiskel & Co (Former law firm)
- EU Net Neutrality Court Decision on Deutsche Telekom’s Zero-Rating
Response to the Administrative Court in Köln upholding an earlier 2017 decision by the Bundesnetzagentur (the Federal Network Agency) that Deutsche Telekom’s zero-rated “StreamOn” offer violated net neutrality regulations.
- European Union and American officials launch review of Privacy Shield
Background and purpose of the data transfer mechanism known as the EU-US Privacy Shield, together with exploring some complaints, non-compliance, and current issues.
- Checking in: Hotels and the GDPR
Why should hotels and other hospitality companies care about the GDPR?
- Employees and the dreaded data subject access request
The right of an individual to obtain copies of their personal data from a company is a key element of the General Data Protection Regulation and the Data Protection Act 2018. But when the individual seeking the information is a current employee, it can be difficult to find the right balance between disclosure and protecting your company’s legitimate interests.
- Facebook: Data Breach investigations could spur enforcers to curtail Facebook’s data collection and processing
Quoted in an article for the Capital Forum
- Tech Policy: Privacy activists strategically drive GDPR enforcement
Quoted in an article for the Capital Forum
The 1709 Blog, CopyKat
- Winds of Change (22 September 2018)
Axel Voss and the new Copyright Directive: deceived or indifferent?; American copyright modernization reforms unanimously pass Senate; TickBox sent packing as film studios and Netflix win $25 million lawsuit; Legal storm for Netflix over Stranger Things; Cadillac’s hopes to avoid trial are “smashed” by graffiti artist SMASH 137
- All is fair in love and war? (25 August 2018)
Disney claiming fair use (?!) against the estate of Michael Jackson;Prenda Law’s pornography honeypot lawyer (finally) pleads guilty; are South African copyright reforms a shining example or bad for business?; “Objection!” to calling alleged infringement “theft” is overruled; Aerial Photographer won’t let Cardiff Steel fly away free with his image; Aerosmith v. Donald Trump
- Faceswap for the Statue of Liberty (17 July 2018)
Lady Liberty “faceswap” will cost the United States Postal Service $3.5M; YouTube’s “Copyright Match” offers enhanced screening technology (for a selected few); Fifa takes down celebratory World Cup dance video; Did one of Africa’s largest telecoms companies steal an app idea from former employee?; Copyright woes continue for Kenyan collecting societies; Copyright awareness comes to China
- From Fallout Shelters to your local library (25 June 2018)
Is Warner Bro’s Westworld game a blatant rip-off?; Social network, media company, host provider, neutral intermediary… what’s in a name for YouTube?; California wage lawsuit may raise concerns over copyright; The Digital Economy Act 2017 and the Public Lending Right Scheme
- Follow the Money (25 May 2018)
Stock photo companies: uncertain standing?; Freelancers finally make (some) bank; Nightmare in Nigeria for Copyright Society; Smokey Robinson supports CLASSICS for fairer compensation
- Licensing, lawsuits, and legislative updates (16 April 2018)
Community Health Systems fails Microsoft check-up on licensing; “Grande” victory on vicarious liability in RIAA piracy case; EU-ser Created Content: draft Copyright Directive fails to hit the right note with artists; House Judiciary Committee goes for a modern remix of US Copyright Law; Spotify turns up the volume on licensing technology
- The CopyKat Goes Back to School (25 March 2018)
Cartoonist sues Infowars over Political Pepe Poster; Chicago landmark featured in controversial political advert without sculptor’s permission; Fair dealing exemption for Canadian classrooms; Copyright fees hit the wrong note with Japanese music schools; Calls to reform Australian fair dealing provisions; Bollywood star calls copyright laws “rubbish”; Is Taylor Swift getting a copycat Reputation?
- Posing difficult questions… (8 March 2018)
Jumpman blocks photographer’s shot at copyright claim; Playboy Bunnies vs Boing Boing; EU Recommendations formalise earlier guidelines on IPR enforcement; You cannot copyright the dolphins!; Project Gutenberg: the German edition – laudable, but still infringing!
- The CopyKat muses: art for art’s sake? (21 February 2018)
General Motors sued for featuring graffiti in Cadillac advert without artist’s consent; LA Artist Sues Lollapalooza for copyright infringement in breach of licence agreement; Music video for Black Panther soundtrack “inspired” by British-Liberian artists. Also reproduced at Music Law Updates.
- Filmmakers, Facebook and Football (4 February 2018)
Anthem of the Civil Rights Movement “We Shall Overcome” is freed into public domain; Documentary filmmakers to receive free legal advice from California law students; Facebook’s inks new global, multi-year agreements with Universal and Sony Music; European Commission to produce a Counterfeit and Piracy “Naughty” List; High Court grants football match blocking injunction to UEFA under copyright rules