Free for a Fee
Each chapter now includes a section that clearly introduces the fundamentals of the IP law aspect highlighted in the chapter. Each chapter also includes a new section dedicated to emerging Issues.
Case coverage is revised in two important ways: the bulk of the case analyses have been moved to a second volume, Case Analyses for Intellectual Property Law and New Media (Baron, Lamoureux, and Stewart); and references to cases in the primary text direct readers to pertinent sections in the new book.
The coverage allows this second edition to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by freeforafee.com, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms is provided within the texts.
Chapter 6: Rights of Publicity, Privacy, and Defamation
Rights of Publicity, Privacy, and Defamation1
Although it is not technically accurate to do so, it may be useful (at least as a starting point) to think about “rights of publicity” as most often involving “celebrities,” “defamation” to be most often associated with “private citizens,” and “rights of privacy” to be a highly complex set of features involving a broad range of topics that have seen radical changes, especially over the last decade. Many privacy laws have been added and/or changed of late; however, one would say in general that many of the expectations of privacy that Americans once held so dear have been muted either by the choices that individuals make that fail to protect their own privacy (such as using credit cards and posting to blogs) or the use that others make of information that is inaccurately assumed to be private (online availability and harvesting of information or identity theft and the like). As indicated, these categorizations are not absolute, as the issues can—and sometimes do—intermix.
Black notes five main phases in the development of privacy laws. First, historical periods prior to 1900 without specific laws; second, tort law that established damages for invasion of personal privacy; third, Supreme Court decisions recognizing a constitutional right of privacy; fourth, Supreme Court ← 155 | 156 → action balancing the public’s right to know with law enforcement’s need to counter the use of technology in crimes; and fifth, the public’s expectation of privacy...
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