The Information Society Project (ISP) at Yale Law School is an intellectual center that explores the implications of the Internet and new information technologies for law and society. The ISP is guided by the values of democracy, development, and civil liberties. Our work includes copyright, media law and policy, transparency, and privacy.
At the Crossroads between Cybersecurity and Trade Policy: Sino-US Digital Entertainment Collaborations
In a January 1, 2014 article, the People’s Daily newspaper published a recommendation by President Xi Jinping entitled “Increase Soft Power, Realize the China Dream” (tigao ruanshili, shixian zhongguo meng) which encouraged efforts to “strengthen construction of international broadcasting capacity, meticulously construct external discourse, exhibit up-and-coming media activity, increase the creativity, inspiration, and accountability of external discourse, tell proper Chinese stories, broadcast proper Chinese songs, and explain proper Chinese characteristics (my translation).” In order to protect the growth of Chinese digital distribution markets, digital distribution services like YouTube blocked within the Chinese market, offering local players like Youku, LeTV, and iQiyi space to grow their domestic business and expand globally. Following the 2014 Sony hack, there has been a renewed focus on the potential for cybersecurity attacks on US entertainment companies by foreign entities. Yet little attention has been paid to the implications of the growth online video platforms with close ties to governments that have been accused of cybersecurity attacks within the US. Chinese digital video providers have been rapidly growing within the Chinese market with both the support of domestic regulators and of US capital markets who have bankrolled the expansion of these platforms (Kokas, 2014). Advancing China’s soft power goals, the global expansion of Chinese digital distribution platforms both increases the trade imbalance and cybersecurity risks for US users. This paper will expand on Gillespie “politics of platforms” (2010) by exploring the intersection of cybersecurity and trade imbalance spurred by the global expansion of China’s digital entertainment portals.
The following topics will be addressed: Current state of right of publicity law; Introduction to the current relationship of right of publicity to copyright, trademark and privacy principles; First Amendment theories relevant to thinking about right of publicity; The nature of the “right”; How is the “right” to be reconciled with the First Amendment?; Relationship to Copyright law; Relationship to Trademark law; Practical issues
Speakers include: Floyd Abrams, Rebecca Tushnet, Jennifer Rothman, Mark Lemley, Jack M. Balkin, Bruce Keller, Stacey Dogan, Lee Levine