This Note attempts to develop an initial framework for best regulating the growing trend of online harassment known as “revenge porn.” Revenge porn is the act of widely disseminating via the Internet nude or otherwise explicit photos or videos that were produced and exchanged while two individuals shared an intimate encounter or relationship. Oftentimes revenge porn “attacks” occur out of spite or scorn felt by one of the individuals as a way to publically humiliate the other individual. This Note argues for copyright law as the ideal area of the law from which revenge porn can and should be regulated. In short, while other regulatory areas discussed work to discourage the creation of revenge porn, copyright law allows society to achieve the ideal balance between creation and protection. Creators of revenge porn should be encouraged to continue producing this content within their personal relationships. Creators should also have strong and targeted remedies, though, in case they fall victim to a revenge porn attack. This Note attempts to highlight the ways in which copyright law can be altered, slightly, to achieve this balance.
Public Shaming In The Digital Age: Are Criminal Laws The Most Effective Means To Regulate Revenge Porn?,
34 Loy. L.A. Ent. L. Rev. 155
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