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
- - Advertising, First Amendment, European Union, Influencer Marketing, Copyright, Free Speech, Compliance, LitigationA 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... ›
What’s in a (User)Name?
By: Aaron P. RubinAs 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... ›
Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?
By: Kristina Ehle and Stephan KreßIn 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... ›
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. RubinAn 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... ›
Copyright’s Long Arm: Foreign Website Found to Infringe U.S. Copyright Law by Providing U.S. Viewers Access to Site ContentIf 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... ›
- - Copyright, IP, Litigation
Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near YouI 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... ›
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. RubinBased 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... ›
- - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, Litigation
By: Aaron P. RubinIn 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,... ›
All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners
By: J. Alexander LawrenceIn 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... ›
Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant
By: J. Alexander LawrenceFollowing a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be unable to preserve their anonymity. In Signature Management Team, LLC v. John Doe , the majority... ›