Lord of the Gadflies: Dispelling Confusion over Celebrity Likeness by Applying the Right of Publicity to Commercial Speech on Social Media
Nicholas Turgiss Celebrities have increasingly used social media to market themselves. This trend has given rise to confusion as to the extent of a celebrity’s right over their own likeness. This article discusses the right of publicity and argues that because celebrity social media accounts have significant commercial aspects, celebrities’ likenesses on those accounts should receive protective commercial speech interests. This article also urges courts to recognize these protective interests in celebrity social media accounts and provide additional protection to smaller social media influencers from the appropriation of their own likenesses. Read Full Text Here
Videogame Broadcasting: Exploring a Growing Industry’s Struggle with Copyright Claims
Zachary Greenberg In the videogame industry, tournament play is crucial for game publishers in creating a loyal fan base. Tournament play has spurred the development of third-party markets including streaming, commentary, and “modding”—creating complementary software for existing games. This essay will examine the intertwined industries of videogames and streaming tournaments, and their turbulent relationship with copyright law through a case study of Super Smash Bros. Melee. In addition to exploring Nintendo’s valid claims for protection under copyright law, this essay will analyze possible solutions to streaming copyright violations utilizing the fair use defense, including wider industry changes like implementing mechanical...
Health-Tech Apps: Unclear Regulations and Their Effects on Progress
Emily Dieli The increased emphasis on creating a more streamlined healthcare system in the United States has led to a rise in digital health-tech apps and devices. To protect the privacy of personal health data on these technologies, policymakers have turned towards regulation. The Federal Trade Commission’s (FTC) recent statement on the Health Breach Notification (HBN) Rule has extended the scope of the 2009 regulation to include previously unregulated health-tech entities. Nevertheless, the statement is vague and will have a negative impact on health-tech innovation. Policymakers should consider the implications of their regulations on health-tech progress before making such hasty...
Through the Spying-Glass: Data Privacy Concerns Regarding Mobile Spyware Apps
Payton P. Reisinger Spyware app surveillance technologies are rising in popularity for both legitimate monitoring and also to illegally spy on unsuspecting victims. In 2021, the Federal Trade Commission (FTC) issued its first ban of a spyware app, SpyFone, due to deceptive and unfair trade practices and lack of data security provisions. Some call for specific legislation to curb the effects of growing spyware apps, but opponents of regulation claim that legislative efforts will be too restrictive on growing technological industries or the legitimate uses of spyware apps. This Essay agrees with the policy rationale for implementing spyware legislation and...
Tarantino v. Miramax: The Rise of NFTs and Their Copyright Implications
Emily Dieli Non-fungible tokens (NFTs) are digital assets that are part of a relatively new industry involving blockchains and cryptocurrencies. As NFTs grow in popularity, questions have arisen over NFT copyright ownership. A federal court will have the opportunity to rule on this issue for the first time in a pending case between Miramax and Quentin Tarantino. The film production company and the well-known director are in dispute over intellectual property ownership of screenplay scenes that Tarantino sold as NFTs. The outcome of the case and future laws will have a direct impact on the way NFTs are purchased and...