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A New Theory of Fair Use, Re-conceptualized and Updated for Today’s Information Society

Ritika Gopal

Many modern-day critical modes of expression that have emerged from the proliferation of digital technologies do not fall within the traditional bounds of the fair use standard. Today, the way courts apply fair use is increasingly unsuited to appraise the cultural value of internet-era, often heterodox, collage and
appropriation forms of art. The uncertainty arising from fair-use jurisprudence severely chills critical expression. This paper offers doctrinal and procedural proposals for reform which will offer a way to realign fair use with contemporary expressive activity as well as protect the high-order set of conditions that nurture the hallmarks of cultural democracy—i.e., individual self-determination and equal access to participation in cultural meaning-making through critical expression. 

 

Ritika Gopal earned her J.D. from the University of Texas School of Law in 2017, and her B.A. from the University of Texas at Austin. Currently, Ms. Gopal works as Associate Counsel for SXSW. Ms. Gopal is deeply fascinated by the uncharted growth of IP, privacy, and free speech law in the context of emerging technologies and the Internet. Ms. Gopal is also interested in budding tech policy issues, particularly those centered on online communities and ISP liability, digital rights management, Internet governance, and the democratization of information.

Angling for Justice: Using Federal Law to Reel in Catfishing

Mandi Cohen

The term “catfishing” describes the phenomenon of internet predators fabricating their identities and social circles online to trick people into romantic or emotional 

relationships. Although a handful of state legislatures have attempted to address catfishing in recent years, this form of predation persists and continues to evolve. Currently, catfishing laws vary by state and are often either non-existent, incomplete, or ineffective. As a result, catfish predators are not sufficiently deterred or punished, and victims of catfishing are not obtaining adequate redress. Therefore, a uniform solution is needed to address catfishing: a federal anti-catfishing statute. The proposed federal statute will deter and punish catfish predators more effectively than the current legal framework, while also providing redress to catfishing victims. 

Mandi Cohen is the Audit Director for the Office of Inspector General of Florida’s Executive Office of the Governor, Division of Emergency Management. She leads audits, administrative investigations, and consulting engagements designed to promote accountability, integrity, and efficiency in government. Ms. Cohen earned her Juris Doctor, magna cum laude, in 2018 from the Florida State University, College of Law. She earned dual Bachelor of Science degrees in Finance and Entrepreneurship from the Florida State University in 2013. 

Drones in Construction

Caroline Loveless

Drone use is rapidly influencing industries–from agriculture to energy, and environmental to entertainment. Much of the promise of drone technology lies in its potential for use in the construction industry; drones enable construction companies to increase productivity, efficiency, worker safety, and OSHA compliance by gathering images, collecting data, reconstructing work schedules, and identifying construction defects. However, regulations found in 14 C.F.R. § 107 must be relaxed before drones can provide true efficiency in the construction industry and significantly impact the economy. 

Caroline Loveless is a third-year law student at the University of Mississippi. During her time at Ole Miss Law, she has served as an Executive Notes and Comments Editor for the Mississippi Law Journal and is a member of the Dean’s Leadership Council, Phi Kappa Phi, and Phi Delta Phi. Prior to law school, she attended the University of Mississippi, where she obtained her undergraduate degree in Public Policy Leadership. Upon graduation, she will be moving to Jackson, Mississippi to work for Butler Snow, LLP.

Press A to Pay: Payment Processing Within Virtual Worlds

Hunter Barker

Virtual reality participants not only spend their time in alternate worlds—they are also spending money in these alternate realities. Online payment processing comes with additional regulatory, legal, and economic hurdles, but many developers have opted to follow this model for enhanced security, additional revenue, and game longevity. By forcing consumers to purchase goods online, developers lower production costs, make it easier for consumers to purchase their goods, increase the likelihood of purchases, and create a more robust paper trail to help discourage piracy. Developers must balance user-facing systems with payment systems-facing concerns, with their own needs caught in the middle. This paper examines the various hurdles developers will have to overcome in implementing their online payment system, including the expected issues and ways to mitigate some of those risks. 

 Hunter Barker is a member of Winstead’s Corporate, Commercial Transactions & Outsourcing and Data Privacy Practice Groups. Hunter is part of a team of corporate attorneys that advises corporations across a number of industries in matters involving procurement and disposition, distribution, technology and intellectual property, licensing, outsourcing of business processes, professional services and other related commercial transactions.

 

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