Friday, May 30, 2014
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 protection to privacy and other personal interests of individuals depicted in copyrighted works. Victims of so-called revenge porn are also relying on copyright to protect their privacy interests. This short essay revisits the seminal Warren and Brandeis article on "The Right to Privacy," which relied heavily on copyright cases to support the notion that privacy interests were and should be legally protectable. It asks whether Warren and Brandeis would have approved of this renewed direction for copyright law.
Download the essay from SSRN at the link.