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
Can a victim portrayed in an unwanted deepfake bring a lawsuit against its creator? In California, perhaps. Drawing upon my knowledge of English and Californian law, I explored 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.
- Beauty and the brand: drafting contracts for the commercial use of someone’s likeness
When does a model own her own image? A photograph’s subject is not entitled to control the image in question without permission from the relevant copyright owner (usually the photographer). Nevertheless, a contractual balance is possible to achieve. This article provides 9 thing for both brands and models to consider. An earlier draft of this paper is also avaialble on DAC Beachcroft’s website.
- What Could Happen to Facebook Under a Joe Biden Presidency, and Should Zuckerberg Be Worried?
Quoted in an article for Newsweek (5 October 2020)
- How Section 230 Changes Targeting Twitter and Facebook Could Backfire on Republicans
Quoted in an article for Newsweek (16 October 2020)
- Practice Note: Deepfakes
This comprehensive Practice Note (8,000 words) considers the legal issues, technical information and applications of deepfakes, to include the problem areas concerning legislative and common law controls.
- Q&A – the legal implications and challenges of deepfakes
Overview of key areas lawyers must be aware of when working on matters concerning deepfakes. This article is also available on DAC Beachcroft’s website.
- 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. (JURIST – Legal News and Commentary from the University of Pittsburgh)
- 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. (University of the Arts, London)
Society of Computers & Law
- Webinar: Me & My Deepfake – a closer look at image rights and our digital selves
I discuss how incredibly realistic digital versions of ourselves have the potential to disrupt our personal lives, certain aspects of the law, and society more generally. An excerpt from this presentation is available here on my website.
DAC Beachcroft (Current law firm)
- Is someone stealing your Instagram posts? 8 Things to know about copyright infringement on social meda
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.
- US copyright enters the social media age
The US Copyright Office (USCO) now allows 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.
- PropTech and Sustainability
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
Deepfakes are a rising, relatively new, manifestation of subversive digital activity. Why should insurance companies and businesses care? Also published on Insurance Day.
- Try Before You Buy: Acceptance testing in technology contracts
This note provides a checklist of things to consider when negotiating user acceptance testing, from both a customer and a supplier’s perspective.
- Artificial Intelligence and the Insurer
Artificial intelligence is an increasingly pervasive aspect of modern life, thanks to its role in a wide variety of applications.
The 1709 Blog, CopyKat (Articles from 2018)
- Winds of Change (22 September 2018)
Axel Voss and the new Copyright Directive?; 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; 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