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Venable LLP

Overview of U.S. Copyright Office Report Regarding Artificial Intelligence and Digital Replicas

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The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more

Searcy Denney Scarola Barnhart & Shipley

Obtaining Traffic Camera Footage in Florida: A Step-by-Step Guide

If you have a claim for a car accident in Florida, video footage of the accident could be the clearest evidence of your right to just compensation. Traffic accidents are increasingly being caught on video—with state and local...more

Rodemer Kane Attorneys at Law

How Long is Traffic Camera Footage Stored? Discover the Shocking Truth

You've probably noticed an increase in traffic cameras popping up in cities all over the U.S. But what exactly are they for? Do traffic cameras record 24/7? How long is traffic camera footage kept, and who is in charge of the...more

Saiber LLC

District of New Jersey Grants Broad Sanctions, Stops Short of Dismissal, for Willful Withholding of Relevant Photos

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On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more

Saiber LLC

Southern District of New York Rejects Ninth Circuit’s Copyright Analysis Regarding Embedded Images

Saiber LLC on

In a recent case, Nicklen v. Sinclair Broadcast Group, Inc., the United States District Court for the Southern District of New York, rejecting the rationale of a case decided by the United States Court of Appeals for the...more

Sheppard Mullin Richter & Hampton LLP

Back to School Special: Recordings, Photos, Kids, and Parental Consent

In this remote era, companies are increasingly being approached by their business teams with ideas about products and services that involve video or audio recordings of their consumers. It may also involve letting people...more

WilmerHale

Identifying the Legal and Business Risks of Disinformation and Deepfakes: What Every Business Needs to Know

WilmerHale on

Disinformation and “deepfakes” pose growing threats to the private sector. Already, disinformation has been weaponized to harm brands, move markets, and undermine trust in companies and industries. One recent study estimated...more

WilmerHale

Deepfake Legislation: A Nationwide Survey - State and Federal Lawmakers Consider Legislation to Regulate Manipulated Media

WilmerHale on

Federal and state lawmakers across the nation are considering legislation to address what they see as the rising dangers of “deepfakes.” Deepfakes are false yet highly realistic artificial intelligence (AI)-created video,...more

Harris Beach PLLC

The Cameras on the Bus Go Flash, Flash, Flash

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...On August 6, 2019, Governor Cuomo signed into law a bill designed to catch motorists illegally passing stopped school buses. How does the program work? The Education Law has been amended to allow a school board of...more

Harris Beach PLLC

New Legislation Allows School Boards in New York State to Enter Agreements For Use of Stop-Arm Cameras

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Governor Cuomo signed into law on August 6, 2019 legislation that amends the school board powers and duties sections of the education law, effective September 5, 2019, to authorize a school district board of education in its...more

Dentons

What Do You Do After a Slip and Fall?

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You’re a restaurant owner and enjoy the beautiful hardwood floors in your restaurant. But, one day, a customer enters your restaurant, slips, falls, and breaks her leg. What do you do?...more

Williams Mullen

Virginia Takes First Step to Address “Deep Fake” Images and Video

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A law just went into effect in Virginia that makes it illegal to distribute falsely created pornographic videos and images of a person. Section 18.2-386 of the Virginia Code was designed to prevent the distribution of sexual...more

Robinson+Cole Data Privacy + Security Insider

Smile and Say “Cheese” — When is a Photo an Educational Record under FERPA?

As the myriad of FERPA interpretation issues continues to cloud many educators’ understanding of what is permissible and not permissible under the statute, some assistance was recently provided by the U.S. Department of...more

Arnall Golden Gregory LLP

Photographing Patients in the Healthcare Setting

From an Atlanta plastic surgeon’s mid-surgery music videos, to illicit pictures of patients shared among nurses, misuse of photography and videos in the healthcare setting can carry substantial legal risks. ...more

Franczek P.C.

A picture is worth a thousand words, but is it always a student record?

Franczek P.C. on

Earlier this month, the Family Policy Compliance Office (FPCO) released updated guidance clarifying when pictures and videos containing images of students are education records under the Family Educational Rights and Privacy...more

Parker Poe Adams & Bernstein LLP

NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more

Baker Donelson

CMS Warns Against Social Media Postings Involving Nursing Facility Residents

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In an August 5, 2016, Survey and Certification memorandum to state Survey Agency Directors, the Centers for Medicare and Medicaid Services (CMS) directs surveyors of nursing facilities on matters relating to the use of social...more

Williams Mullen

Nursing Facilities to Face Surveyors’ Review of Photo and Video Policies

Williams Mullen on

The Centers for Medicare and Medicaid Services (CMS) this month took aim at the unauthorized taking and sharing of photos and videos – including through social media – in nursing facilities. In response to media reports and...more

Lowndes

CMS Cracks Down On Social Media Abuse By Nursing Home Staff

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On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more

Butler Weihmuller Katz Craig LLP

Flying Witnesses: Admissibility of Drone-Gathered Evidence in Florida

Unmanned flight isn’t new, nor is aerial photography. Hobbyists have been rigging cameras to model airplanes since long before the word “drone” became commonplace. What’s new is the proliferation of massproduced, inexpensive...more

Robinson+Cole Data Privacy + Security Insider

NLRB rules employees can record conversations at work

Next time your boss is breaking a labor law, the National Labor Relations Board (NLRB) ruled that Whole Foods cannot prohibits its employees from recording conversations, taking photos or video at work....more

Robinson+Cole Data Privacy + Security Insider

NLRB: Employers cannot block employees from recording or taking photos in the workplace

The National Labor Relations Board (NLRB), in a 2-1 decision, ruled against blanket employer policies banning employees from taking photos or recordings in the workplace. Such policies would, in the view of the NLRB, having a...more

Burr & Forman

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

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As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

Stoel Rives LLP

California Legislature Takes Another Pass at Regulating Drone Operators

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As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth...more

Cozen O'Connor

If You Post It, Your Opponent Can Probably Discover It

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In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

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