Socially Aware

June 11, 2019 - Advertising, Copyright, European Union, First Amendment, Free Speech, IP, Litigation

Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from Instagram wins French rock star’s kids a share of his estate

By: Julie O'Neill

In March, Socially Aware reported on a lawsuit involving several prominent news outlets’ publication of a photo of NFL quarterback Tom Brady on Twitter. The case had the potential to upend a copyright and Internet-law rule that, in the words of a Forbes columnist, …›

May 24, 2019 - European Union

Youth Protection in Germany: Are Online Age Checks & Daytime Blackouts Ahead?

By: Andreas Grünwald and Christoph Nüßing

Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be challenged in court. If …›

May 15, 2019 - Copyright, European Union

The EU Copyright Directive Passes – But Member States Remain Split on Upload Filters

By: Christiane Stuetzle and Patricia C. Ernst

The Directive on Copyright in the Digital Single Market (Directive) was finally approved by all EU legislative bodies on April 15, 2019. Introducing “modernizing EU copyright rules for European culture to flourish and circulate” was a key initiative of the European Commission’s Digital Single …›

April 16, 2019 - Advertising, Compliance, Copyright, European Union, First Amendment, Free Speech, Influencer Marketing, Litigation

Social Links: An EU law to protect copyright owners online; collecting biometric data without running afoul of the law; influencers’ attempts to appear more authentic

By: Anthony M. Ramirez

A new law in Australia makes a social media company’s failure to remove “abhorrent violent material” from its platform punishable by significant fines. The law also states that the executives at social media companies who fail to remove the content could be sentenced to …›

March 14, 2019 - Data Security, European Union, Privacy

The Cookie Wall Must Go Up. Or Not?

By: Alex van der Wolk, Mercedes Samavi, and Philip Radlanski

One of the next big items in Europe will be the expansion of “ePrivacy,” (which, among other things, regulates the use of cookies on websites). While the ePrivacy reform is still being worked on by EU lawmakers, one of the items the ePrivacy Regulation …›

Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?

By: Kristina Ehle and Stephan Kreß

In 2019, the European Court of Justice (CJEU) is expected to clarify one of the key open issues in EU copyright law: the extent to which online platforms such as YouTube can be liable for copyright infringement caused by user-generated content—content uploaded on to …›