Thursday, September 04, 2014

Celebrity Photos vs. Music Videos

Copyright is my bailiwick, so I was intrigued when Slate.com posted an article stating although        "[e]very day, movie and TV producers succeed in getting videos that have been posted without their consent taken down from major websites," celebrities cannot get photos they have taken with their own cameras taken down. In other words, copyright infringement is a claim available to some content owners but not others.

What's up with that?

According to Slate, "Section 230 of the 1996 Communications Decency Act, or at least the courts’ sweeping reading of it, arguably allows them to publish these photos legally."

What's one way to find this "sweeping" case law? Log in to Lexis.com and type "1996 Communications Decency Act" in the search bar. Select the "Legis" tab on the search results screen. Scroll down to 47 USCS 230. Scroll down and you can see cases decided on this section of the Act.