Using Copyright to Combat Revenge Porn
Amanda M. Levendowski
December 1, 2013
Tri-State Region IP Workshop, Winter 2014
NYU Journal of Intellectual Property & Entertainment Law, Vol. 3, 2014
Revenge porn - sexually explicit images that are publicly shared online, without the consent of the pictured individual - has devastating consequences for victims. Victims require a remedy that provides takedown procedures, civil liability for uploaders and websites, and money damages.
These remedies are all provided by copyright law. Because more than eighty percent of revenge porn images are "selfies," the vast majority of victims can use copyright law to protect themselves.
In Part I, I examine how Section 230 protects revenge porn traffickers, like IsAnyoneUp, from liability. Part II discusses why harassment, stalking and privacy laws are often inadequate means of fighting revenge porn. In Part III, I explain why existing and proposed legislation presents problems for both victims and free speech. Finally, Part IV outlines why copyright functions as a solution to the revenge porn problem.
Number of Pages in PDF File: 28
Keywords: revenge porn, copyright, privacy, First Amendment, sexting, free speech, section 230, DMCAAccepted Paper Series
Date posted: January 4, 2014 ; Last revised: February 15, 2014
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