Rights of Publicity and Privacy in True Crime Stories – Entertainment Law Asked & Answered

Gordon P. Firemark

When you get into using people’s names, likenesses, and personas, you’re talking about either Rights of Publicity or Rights of Privacy. Retelling their story might constitute an invasion of their privacy, under a theory called “Public Disclosure of Private, Embarrassing Facts”.

Gajda on Privacy Before "the Right To Privacy" @TulaneLaw

Media Law Prof Blog

Amy Gajda, Tulane Law School, has published Privacy Before 'the Right to Privacy': Truthful Libel and the Earliest Underpinnings of Privacy in the United States. The Right to Privacy, written in 1890, is perhaps the most

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ICYMI: Data Protection and Privacy: The Internet of Bodies (Hart, 2018) @hartpublishing

Media Law Prof Blog

ICYMI: Data Protection and Privacy: The Internet of Bodies (Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, and Paul De Hert, eds., The subjects of Privacy Hart Publishing, 2018). Here from the publisher's website is a description of the book's contents.

Wow! Illinois Biometric Privacy Suits Proliferate

New Media and Technology Law

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant chain, over its use of self-order kiosks that allow customers to use faceprints as a method to authenticate purchases. We will continue to monitor developments in these disputes and other ongoing biometric privacy litigation.

Employee Privacy

Media Law Prof Blog

Willborn, University of Nebraska, Lincoln, College of Law, is publishing Notice, Consent, and Non-Consent: Employee Privacy in the Restatement in volume 100 of the Cornell Law Review (2015). Privacy claims necessarily entail two determinations Steven L. Here is the abstract.

Bipartisan Facial Recognition Privacy Bill Introduced in Congress

New Media and Technology Law

Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “ Commercial Facial Recognition Privacy Act of 2019 ,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use of facial recognition technology to identify and track consumers without consent. Biometrics Legislation Privacy facial recognition privacy bill facial recognition technology federal legislation FTC enforcement

Lemley on Privacy, Property, and Publicity

Media Law Prof Blog

Lemley, Stanford Law School, has published Privacy, Property, and Publicity as a Stanford Public Law Working Paper. In Jennifer Rothman’s new book The Right of Publicity: Privacy Reimagined for a Public Age, she argues Mark A.

Privacy and Court Records

Media Law Prof Blog

Ardia and Anne Klinefelter, both of the University of North Carolina, Chapel Hill, School of Law, are publishing Privacy and Court Records: An Empirical Study in the Berkeley Technology Law Journal. David S.

Is Android the Joe Camel of Privacy?

Music Technology Policy

Uncategorized adsense google android google privacy YouTube

Wave of Illinois Biometric Privacy Suits Continues Unabated

New Media and Technology Law

After noting the flood of Illinois biometric privacy suits in September , it appears that the flow of such suits remains robust. In recent years, biometric privacy suits initially involved social media services and video game makers, but have increasingly been asserted against businesses that collect biometric data to authenticate customers or employees, especially Illinois-based employers that use biometric timekeeping devices to verify employees when clocking in and out. .

Ethiopian Data Privacy Law

Media Law Prof Blog

Kinfe Micheal Yilma, Hawassa University, is publishing Data Privacy Law and Practice in Ethiopia in volume 5 of International Data Privacy Law. Ethiopia has recognized the right to privacy throughout its brief constitutional history, albeit to Here is the abstract.

EU-U.S. Privacy Shield Approved

New Media and Technology Law

Privacy Shield.” companies, please see my colleague’s post on our Privacy and Data Security Blog. Privacy EU privacy Privacy ShieldThe European Commission recently formally adopted the much discussed EU-U.S. ” For a summary of what this may mean for U.S.

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Privacy and Intellectual Freedom

Media Law Prof Blog

Cornwell, both of Washington University in Saint Louis School of Law, have published Privacy and Intellectual Freedom in The Handbook of Intellectual Freedom (Mark Alfino, ed., Neil M. Richards and Joanna F.

An International Right To Privacy?

Media Law Prof Blog

Stephen Schulhofer, New York University School of Law, has published An International Right to Privacy? Be Careful What You Wish For as NYU School of Law Public Law Research Paper No.15-15. Here is the abstract. Nations now have unprecedented capacity

Videogame Technology and Personal Privacy

Media Law Prof Blog

Joe Newman & Joseph Jerome, Future of Privacy Forum, and Christopher Hazard, Hazardous Software, Inc., Privacy and the New Questions Posed by Modern Videogame Technology in the American Intellectual Property Law Association Quaterly Journal

Canada's New Digital Privacy Act

Media Law Prof Blog

Text of the new Canadian Digital Privacy Act, which received royal assent June 18, 2015. It still needs regulations into order to receive its full effect. Here's some analysis of the new Act (dating from when it was "just a

Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing

New Media and Technology Law

An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois Biometric Information Privacy Act , 740 ILCS 14/1 (“BIPA”). Biometrics Privacy biometric privacy BIPA employee biometric privacy fringerprints standing

FTC Obtains Record $5.7 Million Fine for Children’s Privacy Protection Act Violation

Broadcast Law Blog

When is your website or app covered by the Children’s Online Privacy Protection Act (“COPPA”) and the FTC’s COPPA Rule ? As the FTC continues to be scrutinized for its privacy enforcement track record, you can expect calls for harsher penalties to continue. Children's Programming and Advertising On Line Media Privacy Website Issues childrens onlline privacy protection act COPPA FTC

Illinois Supreme Court To Decide Scope of Illinois Biometric Privacy Law

New Media and Technology Law

On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company’s technical violation of the Illinois Biometric Information Privacy Act (“BIPA”) is sufficient to confer standing or whether a plaintiff must allege actual harm resulted from the violation. Biometrics Privacy biometric privacy BIPA procedural violations standing

Copyright and Privacy

Media Law Prof Blog

Pamela Sameulson, University of California, Berkeley, School of Law, is publishing Protecting Privacy Through Copyright Law? in Visions of Privacy in the Modern Age (Marc Rotenberg, ed.; 2014). Here is the abstract. A quartet of recent copyright cases have extended

Wilson Sonsini’s Tech Subsidiary, SixFifty, Releases First Product, For Calif. Privacy Compliance

Media Law

Today, it is releasing its first product: SixFifty Privacy , a suite of tools to help businesses comply with the California Consumer Privacy Act (CCPA) set to take effect on Jan. And as other states adopt data-privacy laws of their own, the platform will be updated to handle them.

Cunningham on Privacy Law That Does Not Protect Privacy, Forgetting the Right To Be Forgotten

Media Law Prof Blog

McKay Cunningham, Concordia University School of Law, is publishing Privacy Law That Does Not Protect Privacy, Forgetting the Right to Be Forgotten volume 65 of the Buffalo Law Review (2017).

Redefining Privacy: The Backlash Against Facebook’s New Privacy Controls


United States Senators, Facebook users, and consumer advocate groups are rallying against recent changes to Facebook’s privacy settings. The people who helped Facebook reach its popular status are the same people who are alienated and upset with the site’s new privacy settings.

Celebrities, Privacy, Free Speech, and the Internet

Media Law Prof Blog

Elena Falletti, Carlo Cattaneo LIUC University, has published The Scandals of Caroline, Max and Kate: Does Celebrity Privacy Threaten Press Freedom in the Internet Age?

Bambauer on Whether Privacy Policies are Informational or Ideological @JaneYakowitz

Media Law Prof Blog

Bambauer, University of Arizona College of Law, has published Are Privacy Policies Informational or Ideological? Consumer privacy is predominantly regulated through disclosure. Jane R.

Rothman on The Right of Publicity: Privacy Reimagined For a Public World (Introduction) @profrothman

Media Law Prof Blog

Jennifer Rothman, Loyola Law School (Los Angeles), has published The Right of Publicity: Privacy Reimagined for a Public World (Introduction) (Harvard University Press, 2018). THE RIGHT OF PUBLICITY: PRIVACY REIMAGINED FOR A PUBLIC WORLD (Harvard University

Hulu Beats Big Privacy Lawsuit Over Video Viewing Disclosures

THR, Esq. Entertainment & Media Law Blog

Those suing under the Video Privacy Protection Act can''t establish that Hulu knew what Facebook might do with information being shared. read more. THR, Esq. The Business Television Tech Business THR Online

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Why Artists Should Care About @AGSNYT: How The Times Thinks About Privacy

Music Technology Policy

The New York Times has started “The Privacy Project” and kicks off the story correctly with an introspective opinion piece from the boss, A.G. Over the past few years, The New York Times has reported aggressively on the erosion of digital privacy, bringing information to light about the exploitation of personal data that Facebook amassed on its users , about companies buying and selling children’s data , and about phone apps secretly tracking users’ every movement.

Long on Copyright Reform in the 21st Century: Adding Privacy Considerations Into the Normative Mix

Media Law Prof Blog

Doris Estelle Long, John Marshall Law School, is publishing Copyright Reform in the 21st Century: Adding Privacy Considerations into the Normative Mix in Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation with Flexibility (ANU Press 2018).

The Relationship Between Privacy and Speech

Media Law Prof Blog

University of Alabama School of Law, has published Bringing Meiklejohn to Privacy: On the Essential Complementarity of Privacy and Speech in Information and Law in Transition 243 (Anna-Sara Lind, Inger Osterdahl, and Jane Reichel, eds., Ronald J. Krotoszynski, Jr.,

Kaminski on Privacy and the Right to Record @MargotKaminski

Media Law Prof Blog

Kaminski, Ohio State University College of Law and Yale Information Society Project, Yale Law School, is publishing Privacy and the Right to Record in volume 167 of the Boston University Law Review (2017). laws protect privacy Margot E.

Transparency and Privacy in Canadian Government Practices

Media Law Prof Blog

Conroy, University of Ottawa, Faculty of Law, are publishing Promoting Transparency While Protecting Privacy in Open Government in Canada, in the Alberta Law Review. Teresa Scassa, University of Ottawa, Common Law Section, and Amy M.

O'Dell on Comparative Defamation and Privacy Law--Irish Perspectives @cearta

Media Law Prof Blog

Eoin O'Dell, Trinity College (Dublin), has published Comparative Defamation and Privacy Law - Irish Perspectives at 40 Dublin University Law Journal 236 (2017).

Illinois Considering Amendments to Biometric Privacy Law (BIPA) That Would Create Major Exemptions to Its Scope

New Media and Technology Law

We have written before about the issues presented by the Illinois Biometric Information Privacy Act , 740 Ill. BIPA is still the only state biometric privacy statute with a private right of action. The Illinois legislature is now considering a bill ( SB3053 ) that would fundamentally alter the privacy protections under BIPA. As it stands, the law surrounding biometric privacy is a patchwork of state laws (e.g.,

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek Legal Remedies

New Media and Technology Law

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s Biometric Information Privacy Act (BIPA), which regulates the collection, retention, and disclosure of personal biometric identifiers and biometric information.

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

New Media and Technology Law

This week, the court dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site did not use its facial recognition technology on business or organizational accounts (as opposed to personal social media pages). ( Gullen v. In Gullen , the plaintiff alleged that Facebook violated the Illinois Biometric Information Privacy Act (BIPA), 740 Ill.

Communications Privacy 2.0

Media Law Prof Blog

Kerr, George Washington University Law School, is publishing The Next Generation Communications Privacy Act in the University of Pennsylvania Law Review. In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to regulate government Orin S. Here is the abstract.

In Federal Court, Article III Standing Remains a Defense to Illinois Biometric Privacy Claims

New Media and Technology Law

Last Friday, the Illinois Supreme Court ruled in the long-awaited Rosenbach case that an individual does not have to plead an actual injury or harm , apart from the statutory violation itself, in order to have statutory standing to sue under the Illinois Biometric Information Privacy Act (BIPA). Current advances in biometric technology, especially facial recognition, have already prompted calls for government regulation from both privacy advocates and the tech industry.

Yahoo!: Defender of Privacy Rights


Privacy protection for electronic communications has been a subject of debate for some time now, so it should come as no surprise that the government continues to make controversial attempts to obtain private email communications.

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Privacy Wars: Netflix, Facebook and the 'Brokeback Mountain Effect'

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Will "Brokeback Mountain" shape rules concerning the responsibility of websites to guard user privacy? The debate over privacy on the Internet got much louder yesterday when a group of privacy advocate organizations filed a complaint with the. Tags: Facebook Government Litigation Privacy

Froomkin on Building Privacy Into the Infrastructure

Media Law Prof Blog

Michael Froomkin (@mfroomkin), University of Miami School of Law, has published Building Privacy into the Infrastructure: Towards a New Identity Management Architecture as University of Miami Legal Studies Research Paper No.

Puaschunder on Dignity and Utility of Privacy and Information Sharing in the Digital Big Data Age @TheNewSchool

Media Law Prof Blog

Puaschunder, Harvard University; New School for Social Research; Columbia University; Princeton University; George Washington Center for Internaitonal Business Education and Research; has published Dignity and Utility of Privacy and Information Sharing in the Digital Big Data Age. Julia M.

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

New Media and Technology Law

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo tagging functions, 2017 has been a busy year in this area. We will continue to monitor developments in biometric privacy and technology.