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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 6 of 6
Full-Text Articles in Entertainment, Arts, and Sports Law
Protecting The Innocent: How To Prevent The Consequences Of Misidentification And Doxing By Volunteers Helping With Open Source Investigations, Leigh M. Dannhauser
Protecting The Innocent: How To Prevent The Consequences Of Misidentification And Doxing By Volunteers Helping With Open Source Investigations, Leigh M. Dannhauser
Catholic University Journal of Law and Technology
Individuals performing open source investigations can misidentify alleged perpetrators and dox innocent parties online, which can subsequently lead to threats and harassment against innocent parties and their loved ones. For example, threats were made against Sunil Tripathi’s family after he was wrongly identified as one of the Boston Marathon bombers and doxed on Reddit and Twitter. In 2020, the Berkeley Protocol on Digital Open Source Investigations was published as a guide, and it includes a set of principles to govern open source investigations. However, the Berkeley Protocol is limited to open source investigations performed by those working for organizations. It …
À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando
À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando
Catholic University Journal of Law and Technology
Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.
This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
No Ifs, Ands, Or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
Catholic University Journal of Law and Technology
This article analyzes how the FTC’s Endorsement Guide regulating the advertising of e-cigarette products should be applied to social media influencers. The struggle to regulate e-cigarettes by the FDA and the FTC has led to different advertising methods, which either comply with or neglect the FTC’s Endorsement Guide. This article evaluates the federal government’s reaction to the e-cigarette health crisis, followed by a review of the FTC’s previous actions addressing Endorsement Guide violations, along with the consequences on other companies’ marketing strategies. Finally, this article reviews influencer liability standards for Endorsement Guide violations and develops recommendations to improve those standards.
Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson
Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson
Catholic University Journal of Law and Technology
The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.
Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray
Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray
Catholic University Journal of Law and Technology
The music business is no stranger to disruptive technology. The industry’s apparent comeback from the devastating downturn caused by illegal file sharing seems to have arrived just in time for what may be an even more disruptive technological phenomenon: artificial intelligence (“AI”). Much has been said about the implications of AI-generated music, ranging from issues of ownership, to rights of publicity. However, there has been surprisingly little discussion of infringement in the AI systems’ outputs. By examining the functionality of AI music generators through the lens of de minimis use case law, this paper will explain how the outputs of …
Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers, John Bat
Catholic University Journal of Law and Technology
The soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers …