User-Generated Content

News & Analysis as of

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

Attention UGC Marketers—Are Your Permissions in Order?

Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more

Equals Three, LLC v. Jukin Media, Inc. - USDC, C.D. California, October 13, 2015

In copyright infringement action involving unlicensed use of humorous “viral videos,” district court denies copyright owner’s motion for partial summary judgment, concluding that all but one of allegedly infringing programs...more

The European digital single market: where are we now?

It has been a busy few months for the European Commission. When the Commission announced its plans for the digital single market (DSM) on 6 May, many commentators and stakeholders felt that it provided more questions than...more

Are You Sharing or Relinquishing Your Rights on Social Media?

Considering the meteoric growth of social media websites like Facebook—which had 1.44 billion active users in the first quarter of 2015[1]--the ecosystem of individuals and businesses that should be cognizant of the legal...more

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s...more

Centroid Location and What It Means for Local SEO

These days local SEO is all about where the user is located in relation to what they are searching for. Google has worked hard to deliver relevant results to its users and people could see one of a dozen different search...more

Delfi AS vs. Estonia: Online news services may be liable for their readers' comments

News websites can now be held responsible for the content of user-generated comments, under a landmark judgment of the European Court of Human Rights (the ECHR)....more

A Plea to Interactive Websites: Check Your Copyright Agent Designations or Prepare to Face Liability for Your Users' Content

On June 30, 2015, a New York court provided a good excuse for anyone with an interactive website to double-check that its copyright agent designations with the U.S. Copyright Office are complete and accurate. Don’t know what...more

California’s Eraser Law: What IP Attorneys and Owners Need to Know

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

Other Peoples’ (Adult) Content (Episode 15)

There are so many legal issues in Episode 15 that it’s hard to know where to begin, so I’m going to start at the end: porn. Pied Piper is competing against nemesis Endframe for a $15 million contract from the online porn...more

Blogger Immune From Suit for Anonymous Comments

A Pennsylvania judge in the Northampton County Court of Common Pleas ruled that the defendant blogger was not liable for anonymous posts in the “comments” section of his website, despite his active moderation of these posts....more


The rise of social media has introduced new opportunities and new legal challenges for companies in the health care industry. Attorneys Seth Northrop and Sharon Roberg-Perez discuss the legal issues faced by care providers,...more

How to Showcase Your Website Content with Structured Data

Law firms now have a greater ability to explain the purpose of their website’s content in a language that search engines can easily interpret. In early January, Google announced it was expanding support for structured data...more

Here’s Your To-Do List for LinkedIn

“I’m a creature of routine,” a successful law firm partner told me. “If I only had a list of things to do on LinkedIn, I know I could get those tasks completed on a daily basis. I just don’t know what to do.” OK. Here...more

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

UGC Update: Italian Regulators Address User-Generated Content Promotions

The power of user-generated content (“UGC”) as a promotional tool is ubiquitous and well understood; however, global marketers face challenges when trying to approach a campaign from an international perspective. A recent...more

A Technical Audit Checklist for Lawyers

It’s important for lawyers to have a road map for accomplishing their SEO goals. A technical audit is essentially an inventory of common website elements that should be optimized both on and off a website. Lawyers can use...more

FTC Enforcement Action Confirms That Ad Disclosure Obligations Extend to Endorsements Made in Social Media

The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more

Managing Your Online Content and Website

A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES - Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile...more

An Update On The Legal Implications Of User-Generated Content: Facebook, Youtube, Twitter, And Instagram

Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media...more

New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18

Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that are not directed to children. The revision, “Privacy Rights for...more

Patchwork quilt of state laws used to combat revenge porn

In recent weeks, a Texas woman — formerly the object of unwanted prurient online attention — made national headlines when she sued Facebook for the staggering sum of $123 million for the social media giant’s role in hosting...more

Why The Brouhaha Over “Gadfly”?

University of California – Berkeley law school Professor Steven Davidoff Solomon started a contretemps amongst corporate governance mavens when he published this piece in The New York Times DealBook. Broc Romanek, writing...more

Discovery of Social Media Data

The digital revolution has caused tremendous growth in the volume of documents stored and collected electronically. It has also caused the creation of new sources of digital data, one of the most significant of which is...more

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