Insights

Deepfakes: The New Frontier of Disinformation

Carolyn Wimbly Martin and Ethan Barr

In June 2019, Facebook founder and CEO Mark Zuckerberg appeared to criticize himself in a video posted to Instagram: “One man with total control of billions of people’s stolen data—all their secrets, their lives, their futures…” It was a moving image of Zuckerberg, except that the audio sounded like an unconvincing impression, and the individual […]

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EU Court Decision Invalidating Privacy Shield Results in Massive Confusion for U.S. Businesses

This post has been updated. Read the first addendum here, the second addendum here and the third addendum here. On July 16, 2020 the Court of Justice of the European Union (“CJEU”) invalidated the Privacy Shield, the safe harbor mechanism that has facilitated the transfer of personal data from the EU to processors in the […]

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Ed Tech: Safe Uses and Partnerships

Carolyn Wimbly Martin and Ethan Barr

This is a continuation of our blogs about the intersection of remote education and the law. Adapting to a remote learning environment as the effects of the COVID-19 pandemic unravel has been a constant learning process. The Internet has seemed like uncharted territory for some districts. “Zoom-bombing,” disruptions of video conferences by hackers and pranksters, […]

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Hail to the… Washington Football Team?

Jeannette M. Carmadella

The Washington Redskins made a widely-anticipated announcement last week that it was going to officially change its name and logo before the start of the new football season. Surprisingly though, the team did not have a new name selected at the time of the announcement, leaving fans and others to wonder why. Several news reports […]

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The Supreme Court Endorses Federal Trademark Registration of “Booking.com”

Jeannette Maurer Carmadella and Meagan Glynn

On June 30, 2020, the Supreme Court decided United States Patent and Trademark Office v. Booking.com B.V., finding that Booking.com’s company name is entitled to federal trademark protection, even though the generic term “booking” alone is not. This highly anticipated ruling significantly expands the scope of federal trademark protection for domain names. In an 8-1 […]

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“Your Video Was Not Posted”: Copyright Issues and Live Streaming

Carolyn Wimbly Martin and Ethan Barr

Her laptop is strategically placed on a countertop, facing her turntables and elaborate light display, both of which took the entire day to set up. She is a professional DJ, so she is accustomed to enlisting the help of several technicians and preparing in an established venue, rather than her living room via a social […]

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Destruction of Australian Indigenous Rock Art and the Concept of Place-Based IP: Another Casualty of COVID-19

Legislation to enact a new Aboriginal Cultural Heritage Act to replace existing law in Western Australia was under consideration when COVID-19 brought the process to a halt. The legislation would replace the 1972 Aboriginal Heritage Act, widely acknowledged as having been watered down to the point where it offers little protection to indigenous sites. After […]

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What’s Wrong with This Picture: Using Copyrighted Photos Online

Carolyn Wimbly Martin and Ethan Barr

Barb, a vegetarian nutritionist with a blog, decides she wants a photo of sprawling farmland at the header of her most recent post. Searching Google Images, she finds such a photo of an organic peanut farm, albeit with a group of hardworking nut harvesters at the bottom of the photograph. Seemingly innocuously, she saves the […]

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Copyright Office Proposes Rules to Modernize Recordation of Termination Notices

On June 3, 2020, the U.S. Copyright Office (“Office”) issued a notice of proposed rulemaking and a notice of inquiry to request public comment concerning efforts to modernize the recordation of termination notices. Copyright owners should be aware of these potential changes as they are likely to ameliorate the burdens they face when attempting to […]

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