Of Supermodels, Pop Princesses and Copyright Trolls: Issues of Fair Use and Personality Rights

Event description

Proudly hosted by the Asian Pacific Copyright Association (APCA) together with the UTS Technology and Intellectual Property Research Cluster, this online seminar brought together speakers from Australia, the People’s Republic of China and Singapore who discussed the issues concerning the spate of copyright infringement suits by paparazzi photographers. These contentious lawsuits revolve around Instagram posts by celebrities, such as Gigi Hadid, Ariana Grande and Emily Ratajkowski, of photos depicting themselves on the streets.

The speakers covered right of publicity/portrait right and copyright, and issues of co-authorship and fair use from US, Singaporean, Chinese and Australian perspectives.

Professor Natalie Stoianoff, President of APCA, moderated this session featuring Professor David Tan (National University of Singapore), Professor Cui Guobin (Tsinghua Law School) and Dr Vicki Huang (Deakin Law School).

About our co-hosts: 

The UTS Technology and Intellectual Property Research Cluster brings together leading UTS Law academics working across the areas of technology law and regulation, and intellectual property law, with the aim of producing high quality scholarship that advances our understanding of complex legal and social issues arising from the creative industries and the use of technologies.


Professor David Tan, National University of Singapore, Faculty of Law

Professor David Tan is presently Head (Intellectual Property) at the EW Barker Centre for Law & Business, and Deputy Director of the Centre for Technology, Robotics, Artificial Intelligence & the Law at NUS Law. He served as Vice Dean (Academic Affairs) at NUS Law from January 2015 to June 2021 where he had oversight of the undergraduate and postgraduate coursework curriculum. David holds PhD, LLB (First Class Honours) and Bachelor of Commerce degrees from the University of Melbourne and an LLM from Harvard. At NUS Law, David pioneered courses in Entertainment Law, Freedom of Speech and Privacy & Data Protection Law; he has also taught as a visitor at Melbourne Law School, Tsinghua, Tokyo (Todai) and University of Hong Kong. His areas of research cover personality rights, copyright, trademarks, freedom of expression and tort law. He has published over 80 articles, comments, and book chapters since joining NUS Law in 2008. His publications have appeared in a wide range of journals that include Yale Journal of International Law, Harvard Journal of Sports & Entertainment Law, Law Quarterly Review, International Journal for the Semiotics of Law and Sydney Law Review. His monograph, The Commercial Appropriation of Fame: A Cultural Analysis of the Right of Publicity and Passing Off, was published by Cambridge University Press in both hardback (2017) and paperback (2018). David is also a fine art and fashion photographer, and has had a number of solo exhibitions since 2000, including collaborations with Versace and Cartier.

Professor Cui Guobin, Tsinghua Law School 

Cui Guobin is a Professor as well as Director of the Center for Intellectual Property at Tsinghua University Law School. He was the Associate Dean for International Affairs and Academics from 2016-2019. Professor Cui earned his PhD in law, LLM, and BSc in Chemistry from Peking University, and his second LLM from Yale. His scholarly interests include intellectual property, antitrust, property, and law and economics theory. He teaches Intellectual Property Law, Patent Law, IP Licensing, and Chinese Civil Law. Before he joined Tsinghua in 2002, he had practised intellectual property litigation and licensing law in Beijing and Shanghai. In 2008, he worked as an intern for Judge Rader at the US Court of Appeals for the Federal Circuit. He had been a visiting scholar at the George Washington University Law School, University of Chicago Law School, University of Washington Law School, and University of New South Wales. In August 2020, he was a visitor at National University of Singapore (NUS) where he taught a course on Chinese Intellectual Property Law.

Dr Vicki Huang, Deakin Law School

Dr Vicki Huang is a Senior Lecturer of IP Law at Deakin Law School and Director of Cyber Law (Grad Cert) and the LLB/Cyber degree. She graduated from the Melbourne Law School with first class honours in the LLB and with a PhD. She also completed an LLM at Columbia University Law School on a Burton Memorial Fellowship where she graduated with honours as a Harlan Fiske Stone Scholar. Dr Huang’s research focusses on inter-disciplinary aspects of Intellectual Property Law and also empirical research methods into law. Her work has been published in Australia, Europe and the United States. In 2020/2021 she was awarded a grant to examine the intersection of Intellectual Property and Artificial Intelligence. In 2020 she was awarded two SSN (Deakin Social Science Network) grants to explore gender and patents; and open data and inter-disciplinary research. She was a visiting scholar at the Melbourne Law School in 2019 and 2020. She is a co-author of two textbooks - S Ricketson, M Richardson, M Davison and V Huang, Intellectual Property: Cases, Materials, and Commentary (6th ed); and N Suzor, K Papparlardo, R Matulionyte, A Daly, A Chalk, A Witt, V Huang, Governing the Internet (open source textbook: https://wikijuris.net/cyberlaw/home).