Law Commons^™

Towards A Jurisprudence Of Fashion, Susan Scafidi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera

Fordham Intellectual Property, Media and Entertainment Law Journal

As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security …

Implementing Privacy Policy: Who Should Do What?, David Hyman, William E. Kovacic

Fordham Intellectual Property, Media and Entertainment Law Journal

Academic scholarship on privacy has focused on the substantive rules and policies governing the protection of personal data. An extensive literature has debated alternative approaches for defining how private and public institutions can collect and use information about individuals. But, the attention given to the what of U.S. privacy regulation has overshadowed consideration of how and by whom privacy policy should be formulated and implemented.

U.S. privacy policy is an amalgam of activity by a myriad of federal, state, and local government agencies. But, the quality of substantive privacy law depends greatly on which agency or agencies are running the …

Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard

Fordham Intellectual Property, Media and Entertainment Law Journal

Automated decision systems appear to carry higher risks today than they ever have before. Digital technologies collect massive amounts of data and evaluate people in every aspect of their lives, such as housing and employment. This collected information is ranked through the use of algorithms. The use of such algorithms may be problematic. Because the results obtained through algorithms are created by machines, they are often assumed to be immune from human biases. However, algorithms are the product of human thinking and, as such, can perpetuate existing stereotypes and social segregation. This problem is exacerbated by the fact that algorithms …

Towards A Transatlantic Concept Of Data Privacy, Erdem BüYüKsagis

Fordham Intellectual Property, Media and Entertainment Law Journal

Due to ever-growing big data and the ease with which information can be transmitted over the Internet, it has become more complicated for individuals to enjoy their rights to access, to rectify and erase personal information, and for the judiciary to apply conventional privacy law rules, such as consent, transparency, and purpose limitation. On both sides of the Atlantic, this phenomenon has motivated legislatures and courts to extend protective measures in data privacy. Nevertheless, data protection standards in the United States and the European Union (“EU”) appear to many observers to be radically different and even mutually incompatible. The European …

Preserving The Artistic Afterlife: The Challenges In Fulfilling Testator Wishes In Art-Rich, Cash-Poor Estates, Hanna K. Feldman

Fordham Intellectual Property, Media and Entertainment Law Journal

Artists’ estates present unique legal issues distinct from the estates of art collectors-cum-investors, as these estates tend to be much more art-rich and cash-poor, leading to difficulties in funding legacies when there is no cash readily available and all of the value of the estate is tied up in the artworks themselves. Robert Indiana, an American sculptor who was frequently exploited throughout his life and now appears to be subject to posthumous exploitation, will be examined as a textbook example of such an artist’s estate. The issues surrounding Indiana’s estate exemplify the challenges in following a testator’s intent to leave …