Platform Governance: Lessons from IP Regulation on the Internet

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Intellectual Property law has been in tension with freedom of expression on the Internet for the past few decades. Social media platforms have since played a key role in balancing this conflict through their policies and enforcement mechanisms, and in turn determined how users experience the internet. As platforms face new challenges in content moderation, such as algorithmic curation, misinformation, and global speech norms, we are faced with legal and policy questions beyond the scope of IP laws.  

The Yale Information Society Project/Wikimedia Initiative on Intermediaries and Information is pleased to present a discussion with Professor Rebecca Tushnet on the current challenges in platform governance and the lessons to be learned from IP regulation on the internet.

Rebecca Tushnet is a professor of law at Harvard Law School. After clerking for Chief Judge Edward R. Becker of the Third Circuit and Associate Justice David H. Souter on the Supreme Court, she practiced intellectual property law at Debevoise & Plimpton before beginning teaching. Her publications include “Worth a Thousand Words: The Images of Copyright Law” (Harvard L. Rev. 2012); “Gone in 60 Milliseconds: Trademark Law and Cognitive Science” (Texas L. Rev. 2008); and “Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It” (Yale L.J. 2004). Her work currently focuses on copyright, trademark and false advertising law. Her blog, at tushnet.blogspot.com, has been on the ABA’s Blawg 100 list of top legal blogs for the past three years. Professor Tushnet helped found the Organization for Transformative Works, a nonprofit dedicated to supporting and promoting fanworks, and currently volunteers on its legal committee. She is also an expert on the law of engagement rings.