News & Analysis as of

Copyright Online Platforms Social Media

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
McDermott Will & Emery

Plausibly Alleging Access Requires More Than Social Media Visibility

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright action, finding that the plaintiff failed to plausibly allege either that the defendant had “access” to the work in question...more

McDermott Will & Emery

Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo,...more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

Perkins Coie on

The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

McAfee & Taft

Navigating the social media maze of copyright

McAfee & Taft on

Businesses, more than ever, have an increased focus on social media and other online marketing. But, by advertising online, companies may be allowing others to use their content without consent. When you post online, the...more

Tarter Krinsky & Drogin LLP

Law Brief: The Legal Perils of Video Marketing

Intellectual Property Partner Mark Rosenberg joins host and Litigation Partner Rich Schoenstein to discuss the “Legal Perils of Video Marketing” on the latest episode of Law Brief. Mark and Rich delve into the legal...more

McAfee & Taft

Navigating the social media maze of copyright

McAfee & Taft on

As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

BakerHostetler

A Snap Shot on Inadvertent Licensing Through Social Media

BakerHostetler on

On April 13, 2020, Judge Kimba Wood, of the U.S. District Court for the Southern District of New York, clarified what we knew to be true: Makers and creators should read social media sites’ Terms of Use and other posted...more

K&L Gates LLP

Photographer Unsuccessful in Copyright Case Over Use of Embedded Instagram Photo

K&L Gates LLP on

User beware – you will be held to a social media platform’s terms of use. Most people are aware by using a social media platform that they give up some rights to the content that they share. What rights and to what extent...more

Robins Kaplan LLP

Facing the Music: Protecting Photography in the Age of Instagram

Robins Kaplan LLP on

Digitization, The Internet, And Social Media Have Changed Much About Our World. Among Them Is The Additional Exposure—but Also Vulnerabilities—photographers And Content Creators Face On Instagram. This Article Analyzes The...more

Fenwick & West LLP

Online Publishers Beware: An iPhone Snap May Go Viral, but Unauthorized Commercial Use is Still Not Fair Use

Fenwick & West LLP on

When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party. Such an act in 2017 yielded a snapshot of...more

Gray Reed

Online Images – Free to Use?

Gray Reed on

Having won her primary, Starr Struuck is ready to update her campaign website and Instagram feed to jazz up her image and promote the reasons why she should win the general election. ...more

Gray Reed

Do You Even Meme Bro? The Law of Internet Memes

Gray Reed on

You know you’ve chuckled at a few of them–the ubiquitous internet meme. But, have you ever wondered whether all this sharing, changing and going “viral” is legal....more

Bilzin Sumberg

Facebook’s “Copyright” Post - The Sound and the Fury

Bilzin Sumberg on

Users of Facebook no doubt have seen at least some of their friends post the “copyright” update. In brief, the post states “I hereby declare that my copyright is attached to all of my personal details,” including photos,...more

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