News & Analysis as of

Social Media Photographs Corporate Counsel

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Weintraub Tobin

Is The Server Test Ready for a Reboot?

Weintraub Tobin on

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Bradley Arant Boult Cummings LLP

Looking for Likes: Social Media Post Results in Unintended License to Share Photograph

A New York federal district court has dismissed a photographer’s copyright infringement claims after finding that the photographer gave Instagram the right to sublicense her photograph to the accused infringer, Mashable, Inc....more

Proskauer - New Media & Technology

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more

Franczek P.C.

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

Franczek P.C. on

I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

BakerHostetler

9/11 Photo Fair Use Case, North Jersey Media Group v. Fox News, Settles on First Day of Trial

BakerHostetler on

Fox News and North Jersey Media Group have announced they have settled their copyright dispute over the use of the iconic photo taken in the aftermath of 9/11, “Raising the Flag at Ground Zero,” that was posted on Facebook by...more

Pillsbury - Internet & Social Media Law Blog

The Complicated Relationship between DMCA Takedown Notices and the Word “Expeditious”

Hours. Days. Weeks. Months. When it comes to acting on copyright infringement takedown notices, just how fast is fast enough for social media platforms? Some recent (and not-so-recent) cases reveal how difficult the question...more

Pillsbury - Internet & Social Media Law Blog

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

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