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Using Copyright to Combat Revenge Porn

25 Pages Posted: 4 Jan 2014 Last revised: 30 Aug 2017

Amanda Levendowski

New York University School of Law

Date Written: 2014

Abstract

The phenomenon of “revenge porn” – defined as sexually explicit images that are publicly shared online, without the consent of the pictured individual – has attracted national attention. Victims of revenge porn often suffer devastating consequences, including losing their jobs, but have had limited success using tort laws to prevent the spread of their images.

Victims need a remedy that provides takedown procedures, civil liability for uploaders and websites, and the threat of money damages. Copyright law provides all of these remedies. Because an estimated 80 percent of revenge porn images are “selfies,” meaning that the subject and the photographer are one in the same, the vast majority of victims can use copyright law to protect themselves.

Although copyright is not a perfect solution, it provides a powerful tool to combat revenge porn. 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 powerful tool to combat revenge porn.

Keywords: revenge porn, copyright, privacy, First Amendment, sexting, free speech, section 230, DMCA

Suggested Citation

Levendowski, Amanda, Using Copyright to Combat Revenge Porn (2014). NYU Journal of Intellectual Property & Entertainment Law, Vol. 3, 2014. Available at SSRN: https://ssrn.com/abstract=2374119 or http://dx.doi.org/10.2139/ssrn.2374119

Amanda Levendowski (Contact Author)

New York University School of Law ( email )

245 Sullivan St.
New York, NY 10012-1099
United States

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