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
- - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, LitigationIn 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 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... ›Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant
By: J. Alexander Lawrence
Following 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... ›- - Advertising, Blockchain, Internet of Things, Patent, European Union, Privacy, UK, Copyright, Section 230 Safe Harbor, IP, Litigation
2018: Predictions From Socially Aware’s Editors and Contributors
By: Aaron P. Rubin
Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of... › If Your Company’s Website Hosts User-Generated Content, Stop and Read This Post!
In the classic rock song “ Light My Fire ,” ‘60s icon and the Doors ’ lead singer Jim Morrison sang, “The time to hesitate is through.” If your company operates a website or blog that hosts user-generated content, and has yet to register... ›Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring User-Generated Images
We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of the serious risks that can arise from seeking to commercially... ›Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?
With over one billion websites on the Internet, and 211 million items of online content created every minute , it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed with online content,... ›Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may require ID of status updates posted by “bots”
By: Aaron P. Rubin
The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment. The U.S. Supreme Court denied certiorari in what... ›Social Links: Court disallows firing over Facebook page rant; Ether threatens Bitcoin’s reign as top digital currency; NBA slam dunks social media marketing
By: Aaron P. Rubin
One year since agreeing with the European Commission to remove hate speech within 24 hours of receiving a complaint about it, Facebook, Microsoft, Twitter and YouTube are removing flagged content an average of 59% of the time , the EC reports. The U.S. Court... ›- - Advertising, Artificial Intelligence, Live streaming, Marketing, Copyright, Litigation, Wearable Computers
Social Links: Rules for researching jurors via social media; law enforcement and new technologies; Facebook tool allows copyright owners to claim ad earnings from unauthorized video uploads
By: Aaron P. Rubin
A nice overview of the rules on researching jurors’ social media accounts in various jurisdictions from Law.com. The importance of appearing at the top of Google search results, especially on mobile devices, is driving retailers to spend more and more on the search engine’s... ›