By: Marie Hopkins As virtual reality rapidly progresses, broadcasts are able to increasingly mimic the experience of actually attending a game. As the technology advances and the viewer can freely move about the game and virtual reality can simulate the in-stadium attendance, the virtual reality broadcast nears the point where the broadcast is indistinguishable from the underlying game. Thus, novel copyright protection issues arise regarding the ability to protect the experience through copyright. Although normal broadcasts may be copyrighted, virtual reality broadcasts of live sports could lack protection under the Copyright Act because the elements of originality, authorship, and fixation are harder to satisfy for this type of work. If the elements that formerly protected broadcasts through copyright no longer apply, the virtual reality broadcast of the game will lose copyright protection. The virtual reality broadcaster can receive protection for the work in several ways, such as (1) by broadcaster-made modifications to the transmitted broadcast, (2) through misappropriation claims, or (3) by inserting contract terms. These additional steps maintain the ability of virtual reality broadcasters to disseminate works without fear the work will not be protectable by the law. Download Full Article (PDF) Cite: 16 Duke L. & Tech. Rev.
By: Alexi Pfeffer-Gillett Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success. Since its introduction in 2014, over 300 companies have signed on, indicating widespread commitment to the Pledge’s seemingly broad protections for student privacy. This industry participation is encouraging, but the Pledge does not contain any meaningful oversight or enforcement provisions. This Article analyzes whether signatory companies are actually complying with the Pledge rather than just paying lip service to its goals. By looking to the privacy policies and terms of service of a sample of the Pledge’s signatories, I conclude that noncompliance may be a significant and prevalent issue. Consumers of education software have some power to