Socially Aware

May 15, 2019 - European Union, Copyright
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
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April 16, 2019 - Advertising, First Amendment, European Union, Influencer Marketing, Copyright, Free Speech, Compliance, 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
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March 21, 2019 - Advertising, Class Actions, Copyright, Right of Publicity
What’s in a (User)Name?
By: Aaron P. Rubin
As consumers increasingly communicate and interact through social media platforms, courts have had to grapple with how to apply existing laws to new ways of communicating, as well as disseminating and using content. Sometimes, however, traditional legal standards apply to these new platforms in
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March 05, 2019 - European Union, User-Generated Content, Copyright
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
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August 01, 2018 - Cyberbullying, Disappearing Content, Copyright, Defamation, Litigation
Social Links: Axed exec sues people behind anonymous Instagram account; bill protects elderly from social media exploitation; using social media to impeach witnesses in criminal trials
By: Aaron P. Rubin
An advertising executive who lost his job after being named on an anonymous Instagram account is suing the now-defunct account for defamation. The suit names as defendants not only the account—Diet Madison Avenue, which was intended to root out harassment and discrimination at ad
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July 23, 2018 - Copyright, IP
Copyright’s Long Arm: Foreign Website Found to Infringe U.S. Copyright Law by Providing U.S. Viewers Access to Site Content
If a web server located outside the United States hosts video content that can be viewed by Internet users located in the United States , does a public performance result under U.S. copyright law? This has been a topic of hot debate for a
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May 23, 2018 - Copyright, IP, Litigation
Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You
I confess: I have mixed emotions regarding the iconic “monkey-selfie” photo and all the hubbub it has created. Don’t get me wrong; I think monkeys are wonderful, and the photo deserves its iconic status. Who can resist smiling while viewing that famous image of
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April 16, 2018 - First Amendment, Marketing, Copyright, Defamation, Free Speech, Litigation
Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from government officials’ social media accounts?
By: Aaron P. Rubin
Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent. The judgment is believed to be one of the largest awards
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March 12, 2018 - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, Litigation
Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use
By: Aaron P. Rubin
In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady,
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March 05, 2018 - Copyright, Fair Use
All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners
By: J. Alexander Lawrence
In U.S. copyright law circles, one of the hottest topics of debate is the degree to which the fair use doctrine—which allows for certain unauthorized uses of copyrighted works—should protect companies building commercial products and services based on content created by others, especially where
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Topic Archives: Copyright

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

By: Christiane Stuetzle and Patricia C. Ernst

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

What’s in a (User)Name?

By: Aaron P. Rubin

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

By: Kristina Ehle and Stephan Kreß

Social Links: Axed exec sues people behind anonymous Instagram account; bill protects elderly from social media exploitation; using social media to impeach witnesses in criminal trials

By: Aaron P. Rubin

Copyright’s Long Arm: Foreign Website Found to Infringe U.S. Copyright Law by Providing U.S. Viewers Access to Site Content

Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from government officials’ social media accounts?

By: Aaron P. Rubin

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

By: Aaron P. Rubin

All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners

By: J. Alexander Lawrence