Richmond Journal of Law and Technology

The first exclusively online law review.

Gifford v. Sheil: Can an Influencer Own an Aesthetic?

Gifford v. Sheil: Can an Influencer Own an Aesthetic?

By: Shoham Lewin

As an increasing number of companies use social media influencers as part of their marketing strategy, the influencer industry is valued at approximately $250 billion.[1] Within this multi-billion dollar industry, influencers compete for lucrative brand deals, each using their aesthetic to distinguish themselves.[2] A recent case out of Texas has raised the question of whether these creators legally own their social media aesthetic and, consequently, whether they can utilize intellectual property law to stop other creators from using that same aesthetic.[3]

Robo-Lawyers: Is The Legal Profession at Risk?

Robo-Lawyers: Is The Legal Profession at Risk?

By: Coles Owens

Artificial intelligence (“AI”) is increasingly being used in the legal field, and many seem to be asking the same question: Will AI mark the beginning of the end for attorneys as we know them?[1]

On one hand, AI can increase efficiency and improve the quality of work produced[2] while reducing attorneys’ workloads, costs of litigation, and hours.[3] AI tools speed up the processes of recording and analyzing information provided by clients, contract analysis, document summarization, and case research.[4] AI is also being used to inform bail and sentencing decisions by judges.[5] Lawyers being able to complete tasks faster by using AI may drive the price of legal services down, making them more accessible and affordable.[6] This multitude of benefits has led to 79% of law firms surveyed by Barone Defense Firm reporting use of some form of AI technology in their work.[7]

Digital Inheritance and Entertainment Media: Can We Pass Down Our Digital Collections When We Die?

Digital Inheritance and Entertainment Media: Can We Pass Down Our Digital Collections When We Die?

By: Garrett Schneider

The Internet became available to the public in April 1993, and has fundamentally changed how we think about media access, consumption, and ownership. Especially in recent years, the shift from physical media to digital has become ever more drastic – since 2018, streaming subscriptions have grown from 55% of home media sales to 88% by 2023.[1] Physical media sales sit at just 3% of total sales.[2] While the convenience of streaming and digital media is unquestionable, its ubiquity presents a question as to how we build our media collections, and who owns them when we no longer can.

TikTok Bans and National Security: Can the U.S. Actually Ban an App?

TikTok Bans and National Security: Can the U.S. Actually Ban an App?

By: Camilla Sidiqi

Just when we thought the fear of losing TikTok was behind us, here we are again, facing that same uncertainty. With a September 17th deadline looming, ByteDance has been ordered to sell TikTok to an American company or risk being banned in the U.S.[1] The clock is ticking, and while some dismiss this as another political stunt, others are wondering: Can the government really do this? Does this not violate my First Amendment rights? If you are asking those questions, you are not alone—I have been thinking the same thing. So let me break it down: does the U.S. government actually have the power to ban an app, and what does this mean for the future of digital platforms?

 

Who is Responsible in an Accident Involving a Car With Autonomous Driving Features?

Who is Responsible in an Accident Involving a Car With Autonomous Driving Features?

By: Bo Li

Advanced driver assistance systems (“ADAS”) are technological features designed to improve vehicle driving safety.[1] These systems improve safety and reaction time to potential hazards through warning and automated systems.[2] With 42,514 people dying in motor vehicle crashes in 2022, many of which were related to human error, ADAS can not only help keep drivers and passengers safe, but also protect other drivers and pedestrians.[3] Tesla’s Autopilot is an ADAS that improves the safety and convenience of driving, and when used properly, can reduce the overall workload of the driver.[4] In 2021, many other manufacturers also offered ADAS, with at least 97 models featuring adaptive cruise control with lane-centering steering.[5]

Increased IRS Tracking of Cryptocurrency: Form 1099-DA

Increased IRS Tracking of Cryptocurrency: Form 1099-DA

By: Elise Norotsky

Beginning January 1, 2025, cryptocurrency will have its first form of standardized reporting, the form 1099-DA, Digital Asset Proceeds From Broker Transactions.[1] The form reports gross proceeds and gain, loss and cost-basis information and is filed by brokers dealing with digital assets, such as Coinbase, Kraken, or Gemini.[2] Prior to its enactment, the lack of standardized reporting made the realm difficult to efficiently audit, and thus regulate. This significant shift in how digital assets like cryptocurrencies and NFTs are taxed aligns digital asset reporting with traditional financial and tax reporting practices.[3] While it makes certain aspects easier for investors, taxpayers with digital assets should expect an uptick in audits and investigations in addition to complexities introduced by new rules for computing gains and losses, determining cost basis, and applying backup withholding.[4] Additional problems arise for those holding previously unreported crypto, foreign exchanges, and real estate transactions involving digital assets.[5]

Automated License Plate Readers in Virginia

Automated License Plate Readers in Virginia

By: John Peaden

Cameras are ubiquitous. You speed through a traffic light near Washington, D.C. and receive a speeding ticket in the mail. You drive through an EZ Pass Lane and get a photo captured of your car which then bills your account.

Unbeknownst to most, however, is that 167 law enforcement agencies across Virginia are now using public-facing surveillance technology such as Automatic License Plate Readers (“ALPR”) and gunshot listening devices.[1] ALPRs collect and retain data on a vast number of vehicles, regardless of whether the driver or any occupants are engaged in criminal activity.[2] This data can be used to track a vehicle in real time or analyzed to identify individual movements and patterns of behavior.[3]

The Environmental Crisis: How Social Media is the Turning Point Needed to Drive Change

The Environmental Crisis: How Social Media is the Turning Point Needed to Drive Change

By: Kaelynn Wallace

Our way of life is deteriorating both our health and the habitability of our planet, yet we remain indifferent.[1] The methods by which our global society produces food, utilizes land and water, travels, consumes energy, and manages a growing population have all contributed to these environmental shifts.[2] Environmental change is alteration of the environment that can be driven by both natural processes and human activities.[3] These changes lead to climate change, pollution, biodiversity loss, and resource depletion.[4] The consequences of these changes can be seen right now.[5] Global temperatures are rising, with the rate of warming accelerating three times as fast as it did in 1982.[6] Nearly the entire global population now lives in areas where the air quality exceeds guidelines, contributing to the premature deaths of 6.7 million people annually.[7] Since 1970, the global wildlife population has declined by an average of 68%, and one million species are currently at risk of extinction.[8] Furthermore, in the past five decades, global resource extraction has tripled.[9]

From Paramount to Prime: The Battle for Theaters in a Streaming Age

From Paramount to Prime: The Battle for Theaters in a Streaming Age

By: Brooke Gerber

At this year’s Academy Awards, Sean Baker’s Anora dominated the evening, winning a total of five Oscars – an impressive feat for the independent film.[1] Now that Hollywood’s biggest night has come to a close, Baker’s acceptance speech for Best Director stands out as one of the highlights of the evening, criticizing streaming services for their monopolistic impact on the film industry.

Taking the stage for the third time that night, Baker made a self-proclaimed “battle cry,” pleading for filmmakers to continue making films for the big screen rather than succumbing to the allure of streaming.[2] Audiences have witnessed the cinema experience decline throughout the past decade, especially following the onset of the pandemic. Baker referred to this phenomenon in his speech, highlighting that upward of 1,000 movie screens have shut down in the United States since 2020 – “right now, the theatre-going experience is under threat,”[3] he exclaimed.

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