We’ve written a ton about Taylor Swift’s various adventures in intellectual property law and the wider internet. Given her sheer popularity and presence in pop culture, that isn’t itself particularly surprising. What has been somewhat interesting about her as a Techdirt subject, though, has been how she has straddled the line between being a victim of overly aggressive intellectual property enforcement as well as being a perpetrator of the same. All of this is to say that Swift is not a stranger
We’ve written a ton about Taylor Swift’s various adventures in intellectual property law and the wider internet. Given her sheer popularity and presence in pop culture, that isn’t itself particularly surprising. What has been somewhat interesting about her as a Techdirt subject, though, has been how she has straddled the line between being a victim of overly aggressive intellectual property enforcement as well as being a perpetrator of the same. All of this is to say that Swift is not a stranger to negative outcomes in the digital realm, nor is she a stranger to being the legal aggressor.
Which is why the point of this post is to be something of an open letter to Her Swiftness to not listen to roughly half the internet that is clamoring for her to sue Donald Trump for sharing some AI-generated images on social media falsely implying that Swift had endorsed him. First, the facts.
Taylor Swift has yet to endorse any presidential candidate this election cycle. But former President Donald Trump says he accepts the superstar’s non-existent endorsement.
Trump posted “I accept!” on his Truth Social account, along with a carousel of (Swift) images – at least some of which appear to be AI-generated.
One of the AI-manipulated photos depicts Swift as Uncle Sam with the text, “Taylor wants you to vote for Donald Trump.” The other photos depict fans of Swift wearing “Swifties for Trump” T-shirts.
As the quote notes, not all of the images were AI generated “fakes.” At least one of them was from a very real woman, who is very much a Swift fan, wearing a “Swifties for Trump” shirt. There is likewise a social media campaign for supporters from the other side of the aisle, too, “Swifties for Kamala”. None of that is really much of an issue, of course. But the images shared by Trump on Truth Social implied far more than a community of her fans that also like him. So much so, in fact, that he appeared to accept an endorsement that never was.
In case you didn’t notice, immediately below that top left picture is a label that clearly marks the article and associated images as “satire.” The image of Swift doing the Uncle Sam routine to recruit people to back Trump is also obviously not something that came directly from Swift or her people. In fact, while she has not endorsed a candidate in this election cycle (more on that in a moment), Swift endorsed Biden in 2020 with some particularly biting commentary around why she would not vote for Trump.
Now, Trump sharing misleading information on social media is about as newsworthy as the fact that the sun will set tonight. But it is worth noting that social media exploded in response, with a ton of people online advocating Swift to “get her legal team involved” or “sue Trump!” And that is something she absolutely should not do. Some outlets have even suggested that Swift should sue under Tennesse’s new ELVIS Act, which both prohibits the use of people’s voice or image without their authorization, and which has never been tested in court.
Trump’s post might be all it takes to give Swift’s team grounds to sue Trump under Tennessee’s Ensuring Likeness Voice and Image Security Act, or ELVIS Act. The law protects against “just about any unauthorized simulation of a person’s voice or appearance,” said Joseph Fishman, a law professor at Vanderbilt University.
“It doesn’t matter whether an image is generated by AI or not, and it also doesn’t matter whether people are actually confused by it or not,” Fishman said. “In fact, the image doesn’t even need to be fake — it could be a real photo, just so long as the person distributing it knows the subject of the photo hasn’t authorized the use.”
Please don’t do this. First, it probably won’t work. Suing via an untested law that is very likely to run afoul of First Amendment protections is a great way to waste money. Trump also didn’t create the images, presumably, and is merely sharing or re-truthing them. That’s going to make making him liable for them a challenge.
But the larger point here is that all Swift really has to do here is respond, if she chooses, with her own political endorsement or thoughts. It’s not as though she didn’t do so in the last election cycle. If she’s annoyed at what Trump did and wants to punish him, she can solve that with more speech: her own. Hell, there aren’t a ton of people out there who can command an audience that rivals Donald Trump’s… but she almost certainly can!
Just point out that what he shared was fake. Mention, if she wishes, that she voted against him last time. If she likes, she might want to endorse a different candidate. Or she can merely leave it with a biting denial, such as:
“The images Donald Trump shared implied that I have endorsed him. I have not. In fact, I didn’t authorize him to use my image in any way and request that he does not in the future. On the other hand, Donald Trump has a history of not minding much when it comes to getting a woman’s consent, so I won’t get my hopes up too much.”
Government employees and their office desks are never, ever, ever getting back together. Parody of Taylor Swift's "Fortnight" written by Remy; performed by Remy and Austin Bragg; music tracks, mastering, and background vocals by Ben Karlstrom. LYRICS: Temporarily sent away but They forgot to come and get me A barely-functioning bureaucrat Nobody noticed my new aesthetic COVID's still a thing Though that won't keep me from mid-day Soul Cycle Meeti
Government employees and their office desks are never, ever, ever getting back together.
Parody of Taylor Swift's "Fortnight" written by Remy; performed by Remy and Austin Bragg; music tracks, mastering, and background vocals by Ben Karlstrom.
COVID's still a thing Though that won't keep me from mid-day Soul Cycle Meeting with our agency? Expect to see three blank screens and Michael
Cuz every fortnight I am in the office one day It is so hard working every other Monday I click "leave-on-doorstep" but the GrubHub driver rings my doorbell I want to kill him
All my mornings are Sundays stuck in an Endless commissary If you ever try reaching us The effects are pulmonary
And my phone rings it's ruining my life (I'm sick and it's ruining my life) We come in one day every fortnight (You come in one day every fortnight?)
Cuz every fortnight I am in the office one day It is so hard working every other Monday In my backyard I have uncooked burger patties on the table I want to grill them
I tried calling ya, but you don't pick up Another fortnight lost in America I tried calling ya, but you don't pick up Another fortnight lost in America
The Los Angeles Press Club on Thursday announced the finalists for the 66th Annual Southern California Journalism Awards, recognizing the best work in print, online, and broadcast media published in 2023. Reason, which is headquartered in L.A., is a finalist for 14 awards. A sincere thanks to the judges who read and watched our submissions, as well as to the Reason readers, subscribers, and supporters, without whom we would not be able to produce
The Los Angeles Press Club on Thursday announced the finalists for the 66th Annual Southern California Journalism Awards, recognizing the best work in print, online, and broadcast media published in 2023.
Reason, which is headquartered in L.A., is a finalist for 14 awards.
A sincere thanks to the judges who read and watched our submissions, as well as to the Reason readers, subscribers, and supporters, without whom we would not be able to produce impactful journalism.
Senior Editor Elizabeth Nolan Brown is a finalist for best technology reporting across all media platforms—print, radio, podcast, TV, and online—for her November 2023 print piece, "Do Social Media Algorithms Polarize Us? Maybe Not," in which she challenged what has become the traditional wisdom around the root of online toxicity:
For years, politicians have been proposing new regulations based on simple technological "solutions" to issues that stem from much more complex phenomena. But making Meta change its algorithms or shifting what people see in their Twitter feeds can't overcome deeper issues in American politics—including parties animated more by hate and fear of the other side than ideas of their own. This new set of studies should serve as a reminder that expecting tech companies to somehow fix our dysfunctional political culture won't work.
Science Reporter Ronald Bailey is a finalist for best medical/health reporting in print or online for "Take Nutrition Studies With a Grain of Salt," also from the November 2023 issue, where he meticulously dissected why the epidemiology of food and drink is, well, "a mess":
This doesn't mean you can eat an entire pizza, a quart of ice cream, and six beers tonight without some negative health effects. (Sorry.) It means nutritional epidemiology is a very uncertain guide for how to live your life and it certainly isn't fit for setting public policy.
In short, take nutrition research with a grain of salt. And don't worry: Even though the World Health Organization (WHO) says "too much salt can kill you," the Daily Mail noted in 2021 that "it's not as bad for health as you think."
Managing Editor Jason Russell is a finalist in print/online sports commentary for his August/September 2023 cover story, "Get Your Politics Out of My Pickleball," which explored the emerging fault lines as the government gets involved in America's weirdest, fastest-growing sport:
Pickleball will always have haters—and if its growth continues, local governments will still face public pressure to build more courts. Some critics think the sport is a fad, but strong growth continues for the time being, even as the COVID-19 pandemic ends and other activities compete for time and attention. There's no need to force nonplayers to support it with their tax dollars, especially when entrepreneurs seem eager to provide courts. If pickleball does end up as an odd footnote in sporting history, ideally it won't be taxpayers who are on the hook for converting courts to new uses.
Reporter C.J. Ciaramella is a finalist in magazine investigative reporting for his October 2023 cover story, "'I Knew They Were Scumbags,'" a nauseating piece on federal prison guards who confessed to rape—and got away with it:
Berman's daughter, Carleane, was one of at least a dozen women who were abused by corrupt correctional officers at FCC Coleman, a federal prison complex in Florida. In December, a Senate investigation revealed that those correctional officers had admitted in sworn interviews with internal affairs investigators that they had repeatedly raped women under their control.
Yet thanks to a little known Supreme Court precedent and a culture of corrupt self-protection inside the prison system, none of those guards were ever prosecuted—precisely because of the manner in which they confessed.
Senior Editor Jacob Sullum is a finalist in magazine commentary for "Biden's 'Marijuana Reform' Leaves Prohibition Untouched," from the January 2023 issue, in which he disputed the notion that President Joe Biden has fundamentally changed America's response to cannabis:
By himself, Biden does not have the authority to resolve the untenable conflict between state and federal marijuana laws. But despite his avowed transformation from an anti-drug zealot into a criminal justice reformer, he has stubbornly opposed efforts to repeal federal pot prohibition.
That position is contrary to the preferences expressed by more than two-thirds of Americans, including four-fifths of Democrats and half of Republicans. The most Biden is willing to offer them is his rhetorical support for decriminalizing cannabis consumption—a policy that was on the cutting edge of marijuana reform in the 1970s.
Governments do unconscionable things every day; it is in their nature. But not all transgressions are equal. In the wake of the Iran team's silent anthem protest, an Iranian journalist asked U.S. men's soccer captain Tyler Adams how he could play for a country that discriminates against black people like him. What makes the U.S. different, he replied, is that "we're continuing to make progress every day."
The most perfect and enduring image of a person weaponizing his body against the state was taken after the brutal suppression of protests in Tiananmen Square in 1989. The unknown Chinese man standing in front of a tank didn't have to hold a sign for the entire world to know exactly what the problem was.
Reporter Christian Britschgi is a finalist for best long-form magazine feature on business/government for "The Town Without Zoning," from the August/September 2023 issue, in which he reported on the fight over whether Caroline, New York, should impose its first-ever zoning code:
Whatever the outcome, the zoning debate raging in Caroline is revealing. It shows how even in a small community without major enterprises or serious growth pressures, planners can't adequately capture and account for everything people might want to do with their land.
There's a gap between what zoners can do and what they imagine they can design. That knowledge problem hasn't stopped cities far larger and more complex than Caroline from trying to scientifically sort themselves with zoning. They've developed quite large and complex problems as a result.
Associate Editor Billy Binion (hi, it's me) is a finalist for best activism journalism online for the web feature "They Fell Behind on Their Property Taxes. So the Government Sold Their Homes—and Kept the Profits," which explored an underreported form of legalized larceny: governments across the U.S. seizing people's homes over modest tax debts, selling the properties, and keeping the surplus equity.
Geraldine Tyler is a 94-year-old woman spending the twilight of her life in retirement, as 94-year-olds typically do. But there isn't much that's typical about it.
Tyler has spent the last several years fighting the government from an assisted living facility after falling $2,300 behind on her property taxes. No one disputes that she owed a debt. What is in dispute is if the government acted constitutionally when, to collect that debt, it seized her home, sold it, and kept the profit.
If that sounds like robbery, it's because, in some sense, it is. But it's currently legal in at least 12 states across the country, so long as the government is doing the robbing.
Senior Producer Austin Bragg, Director of Special Projects Meredith Bragg, Producer John Carter, and freelancer extraordinaire Andrew Heaton are finalists for best humor/satire writing across all broadcast mediums—TV, film, radio, or podcast—for the hilarious "Everything is political: board games," which "exposes" how Republicans and Democrats interpret everyone's favorite games from their partisan perspectives. (Spoiler: Everyone's going to lose.)
The Bragg brothers are nominated again in that same category—best humor/satire writing—along with Remy for "Look What You Made Me Do (Taylor Swift Parody)," in which lawmakers find culprits for the recent uptick in thefts—the victims.
Deputy Managing Editor of Video and Podcasts Natalie Dowzicky and Video Editor Regan Taylor are finalists in best commentary/analysis of TV across all media platforms for "What really happened at Waco," which explored a Netflix documentary on how the seeds of political polarization that roil our culture today were planted at Waco.
Editor at Large Matt Welch, Producer Justin Zuckerman, Motion Graphic Designer Adani Samat, and freelancer Paul Detrick are finalists in best activism journalism across any broadcast media for "The monumental free speech case the media ignored," which made the case that the legal odyssey and criminal prosecutions associated with Backpage were a direct assault on the First Amendment—despite receiving scant national attention from journalists and free speech advocates.
Associate Editor Liz Wolfe, Senior Producer Zach Weissmueller, Video Editor Danielle Thompson, Video Art Director Isaac Reese, and Producer Justin Zuckerman are finalists in best solutions journalism in any broadcast media for "Why homelessness is worse in California than Texas," which investigated why homelessness is almost five times as bad in the Golden State—and what can be done about it.
Finally, Senior Producer Zach Weissmueller, Video Editor Danielle Thompson, Video Art Director Isaac Reese, and Audio Engineer Ian Keyser are finalists in best documentary short for "The Supreme Court case that could upend the Clean Water Act," which did a deep dive into a Supreme Court case concerning a small-town Idaho couple that challenged how the Environmental Protection Agency defines a "wetland"—and what that means for property rights.
Winners will be announced on Sunday, June 23 at the Millennium Biltmore Hotel in downtown Los Angeles. Subscribe to Reasonhere, watch our video journalism here, and find our podcasts here.
In case you’ve been living under a rock for the past 12 hours or so, pop superstar Taylor Swift unleashed a double album on the world, and as a Swiftie, it is my moral obligation to be deeply annoying about it. I’m not here to review the album though, but instead highlight a line from it that is already making the…Read more...
In case you’ve been living under a rock for the past 12 hours or so, pop superstar Taylor Swift unleashed a double album on the world, and as a Swiftie, it is my moral obligation to be deeply annoying about it. I’m not here to review the album though, but instead highlight a line from it that is already making the…
This is one of the cutest things I've seen in a while! Meet Kiki, an adorable ewe who seems to love Taylor Swift!
In this video, you can see Kiki watching a video of Taylor Swift (often at Boing Boing) singing, and Kiki is absolutely enraptured—she just can't get enough! — Read the rest
The post This sheep and duck are obsessed with Taylor Swift appeared first on Boing Boing.
This is one of the cutest things I've seen in a while! Meet Kiki, an adorable ewe who seems to love Taylor Swift!
In this video, you can see Kiki watching a video of Taylor Swift (often at Boing Boing) singing, and Kiki is absolutely enraptured—she just can't get enough! — Read the rest
This week, after days of swirling rumors and fan speculation, Phil Spencer and other Xbox bigwigs finally pulled back the curtain (a little bit, at least) on what the future holds for the console and the Xbox brand. Sony also hinted at what 2025 will bring for the PlayStation 5 (or at least what it won’t) while Helldiv…Read more...
This week, after days of swirling rumors and fan speculation, Phil Spencer and other Xbox bigwigs finally pulled back the curtain (a little bit, at least) on what the future holds for the console and the Xbox brand. Sony also hinted at what 2025 will bring for the PlayStation 5 (or at least what it won’t) while Helldiv…
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