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Protecting Privacy Through Copyright Law?

Visions of Privacy in the Modern Age (Marc Rotenberg, ed., 2014, Forthcoming)

5 Pages Posted: 12 May 2014  

Pamela Samuelson

University of California, Berkeley - School of Law

Date Written: May 1, 2014

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.

Keywords: copyright, privacy

Suggested Citation

Samuelson, Pamela, Protecting Privacy Through Copyright Law? (May 1, 2014). Visions of Privacy in the Modern Age (Marc Rotenberg, ed., 2014, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2435288

Pamela Samuelson (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall
341 North Addition
Berkeley, CA 94720-7200
United States
(510) 642-6775 (Phone)
(510) 643-2673 (Fax)

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