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The Law is a Giant Squid

I think law is pretty interesting, especially those that are more obscure. It is so vast and yet so hidden at times. For instance, as daily blog tips reveals:

Don’t copy material just because it does not show a copyright message: the Copyright Law required a copyright notice to protect works until 1977. In 1978, however, the law changed and abolished the requirement for copyright notice. This means that every published work (be it on paper or digital media) automatically gets copyright protection, whether expressed with a notice or not.

Now really, how would one have known that just because X, isn't stated, it is still there?

Somewhat related now are antiquated privacy laws and Facebook. As one of the four common-law privacy torts states, “One who appropriates to his own use or benefit the name of likeness of another is subject to liability to the other for an invasion of his privacy.”

Several states including New York and California have provisions that are similar. Coming out of "Abigail M. Roberson v. The Rochester Folding Box Company," New York’s statute creates both a misdemeanor and a civil cause of action for “[a]ny person whose name, portrait, picture, or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained.”

Harvard Law Professors raise great concern about this issue, as a new day and age develops more sophisticated systems. No doubt, this issue of privacy in these networks will have to be dealt with soon enough.

As an addendum, "ah, the powers of tort"

 

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