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Category Archives: IP

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Mark Your Calendar: Dec. 4th Digital Media Bootcamp for NYC Area Lawyers & Artists

Posted in IP, Online Promotions

The Volunteer Lawyers for the Arts will be presenting an all-day “bootcamp” covering digital media and related legal issues on Thursday, December 4, 2014, at Morrison & Foerster LLP’s New York office. The courses will be directed to both attorneys and artists, and will focus on issues such as online advertising, social media law, interactive… Continue Reading

Hot Off the Press: The July Issue of Our Socially Aware Newsletter Is Now Available

Posted in FTC, IP, Litigation, Privacy, Terms of Use, UK High Court

The latest issue of our Socially Aware newsletter is now available here. Welcome to a special privacy issue of Socially Aware, focusing on recent privacy law developments relating to social media and the Internet. In this issue, we analyze a controversial European ruling that strengthens the right to be forgotten; we examine a recent California… Continue Reading

Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away

Posted in Copyright, IP, Litigation, Supreme Court

In a closely watched case, the U.S. Supreme Court ruled today in a 6-3 decision that Aereo’s Internet streaming service engages in unauthorized public performances of broadcast television programs in violation of the Copyright Act, reversing the Second Circuit’s decision in American Broadcasting Companies, Inc. v. Aereo, Inc. (No. 13-461). In ruling against Aereo, the… Continue Reading

Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.

Posted in Copyright, IP, Litigation, Supreme Court

The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3 decision, held that Congress prescribed a specified period in which a… Continue Reading

Hot Off the Press: The May Issue of Our Socially Aware Newsletter Is Now Available

Posted in Copyright, FTC, Internet of Things, IP, Litigation, Privacy, SEC, Supreme Court, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we analyze a groundbreaking FTC complaint alleging deceptive practices online that could turn website Terms of Use into federal law; we summarize a U.S. Supreme… Continue Reading

Which Way is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case

Posted in Copyright, IP, Litigation, Supreme Court

In a case that could have a broad impact on how companies deliver content to consumers, the Supreme Court heard oral argument on April 22 in American Broadcasting Companies, Inc. v. Aereo, Inc. (No. 13-461).  At issue is whether Aereo’s service engages in public performances under the Copyright Act in transmitting broadcast television content to its subscribers’… Continue Reading

The Internet of Things Part 2: The Old Problem Squared

Posted in Ethics, FTC, Internet of Things, IP, Privacy

Cisco estimates that 25 billion devices will be connected in the Internet of Things (IoT) by 2015, and 50 billion by 2020. Analyst firm IDC makes an even bolder prediction: 212 billion connected devices by 2020. This massive increase in connectedness will drive a wave of innovation and could generate up to $19 trillion in… Continue Reading

The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites

Posted in Copyright, IP, Litigation

On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs) requiring the ISPs to block access to pirate websites illegally streaming or making copyright material available for download. The case arose out… Continue Reading

Copyright: Europe Explores its Boundaries: Part 1: Link Hubs

Posted in Copyright, IP

INTRODUCTION This year, as the world celebrates the 25th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law.  By coincidence, this year we also anticipate a rash of UK and European legislative developments and court decisions centring on copyright and its application to the… Continue Reading

Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims; Decision Puzzles Copyright Attorneys

Posted in Copyright, IP, Litigation

An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative Hollywood scriptwriter could invent. Cindy Lee Garcia answered a casting call for a low-budget amateur movie with the… Continue Reading

Social Media 2014: Addressing Corporate Risks

Posted in Employment Law, Event, IP, Online Promotions, Privacy

Please join Socially Aware editor John Delaney as he chairs Practising Law Institute’s (PLI) “Social Media 2014: Addressing Corporate Risks.” Issues to be addressed at the conference include: Social media: how it works, and why it is transforming the business world Drafting and updating social media policies User-generated content and related IP concerns Ensuring protection… Continue Reading

Ownership of Business-Related Social Media Accounts

Posted in Employment Law, IP, Litigation, Online Promotions

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social media providers typically make their platforms available to users without charge, but companies nevertheless invest significant time and other resources to create and… Continue Reading

Whose @SunValley Is It?

Posted in IP, Litigation, Trademark

Readers of our blog may remember Leonard Barshack as the co-founder of Bigfoot, a popular Internet mail forwarding service that launched in 1995. Barshack, a resident of Sun Valley, Idaho, recently became well-known once again for his role as plaintiff in Barshack v. Twitter, a suit filed in Idaho’s Blaine County District Court on May… Continue Reading

Thinking About Using Pictures Pulled From Twitter? Think Again, New York Court Warns

Posted in Copyright, DMCA, IP, Litigation, Terms of Use

If you want to use those pictures you found on Twitter, beware. A federal judge in New York recently held that taking photos from Twitter to use for a commercial purpose infringes the photographer’s copyrights. On January 14, 2013, Judge Alison Nathan ruled that Agence France Presse (AFP), which provides subscribers with access to photos… Continue Reading

New Issue of the Socially Aware Newsletter Now Available

Posted in Employment Law, FCC, FTC, IP, Litigation, Privacy, Section 230 Safe Harbor, Statistics, Terms of Use, Trademark

In the latest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we look at recent First Amendment, intellectual property, labor and privacy law developments affecting corporate users of social media and the Internet. We also recap major events from 2012 that have had a substantial impact on… Continue Reading

Be Wary of Sharing: Anonymous P2P User’s Motion to Quash Subpoena Denied

Posted in Copyright, IP, Litigation, Privacy, Trademark

BitTorrent, the peer-to-peer (P2P) file-sharing system that enables the quick downloading of large files, has sparked another novel controversy stemming from copyright-infringement claims brought against its users. Users take advantage of the BitTorrent sharing system to anonymously access popular media such as books and movies. That anonymity is unlikely to last long for users who… Continue Reading

Google AdWords Decision Highlights Contours of the CDA Section 230 Safe Harbor

Posted in IP, Litigation, Section 230 Safe Harbor, Trademark

In a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements. In a recent decision emerging from these cases, CYBERsitter v. Google,… Continue Reading

Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications

Posted in Copyright, DMCA, IP, Litigation, Trademark

Popular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to upload designs which CafePress then prints on a variety of items…. Continue Reading

The Potential Perils of Posting Pictures (on Social Media)

Posted in Copyright, DMCA, IP, Litigation

In today’s information economy, content owners are faced with a challenging decision regarding digital content. On the one hand, the viral nature of social media can mean unprecedented exposure as digital content is shared. On the other, that opportunity can come with significant legal risk if companies take an insufficiently careful approach to intellectual property… Continue Reading

Caveat Emptor, Part II: A Brief Overview of Twitter’s Terms of Service and Related Documents

Posted in IP, Online Promotions, Privacy, Terms of Use

In our September 2010 issue of Socially Aware, we provided a brief overview of Facebook’s “Statement of Rights and Responsibilities,” the social media service’s complex set of terms and conditions that companies frequently “click-accept” with little review (often, in a rush to establish their Facebook presences).  Naturally, this situation is not limited to Facebook— for… Continue Reading

District Court Considers Value of Twitter Account

Posted in Employment Law, IP, Terms of Use

“Man, what do I write here? And what’s it going to be valued at?” So read Noah Kravitz’s Twitter profile soon after Magistrate Judge Maria-Elena James of the Northern District of California denied Kravitz’s motion to dismiss a number of claims brought against him by his former employer related to the Twitter account. While Kravitz… Continue Reading