The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases
- Recently, in Kirtsaeng v. John Wiley & Sons, Inc. , the U.S. Supreme Court provided substantial guidance in an unsettled area of law by holding that, when deciding whether to award attorneys’ fees under 17 U.S.C. §505 , the Copyright Act’s fee-shifting provision, a... ›
Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible
By: J. Alexander Lawrence
Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one New York federal court held that the mere fact,... ›New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content
By: Anthony M. Ramirez
In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation of revolutionary new business models? Section 512(c)... ›Creative Commons Works: Free to License, But Not Necessarily Free to Use
Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos are readily available online for licensing for commercial use... ›Google Books and Fair Use: From Implausible to Inevitable?
[ Editor’s Note: At Socially Aware, we occasionally invite guest columnists to contribute pieces on cutting-edge Internet-related legal issues; today we have the pleasure of publishing a piece by noted copyright scholar Jane Ginsburg , Morton L. Janklow Professor of Literary and Artistic Property... ›Status Updates: Artist sues Pinterest; texting for teens without data plans; quit smoking with social media
By: Aaron P. Rubin
Pin pain. As a primarily visual social media platform whose self-described purpose is to help users bookmark and save “ good stuff you find anywhere around the web ,” Pinterest has raised copyright infringement questions since it became explosively popular in 2012. In many... ›- - Online Promotions, Terms of Use, Labor Law, Copyright, Employment Law, Arbitration, IP, Litigation
Five Social Media Law Issues To Discuss With Your Clients
By: Aaron P. Rubin
The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled legal landscape will have them clicking “like” in no time. What’s in a Like? Not long ago, the... › Rolling With the Punches: The Fight Over Livestreaming
By: Aaron P. Rubin
Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope. Launched at the end of February 2015, Meerkat is a... ›First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)
By: Aaron P. Rubin
Under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online material. Section 512(f) aims to deter abuse of the DMCA requirement that... ›With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close
By: J. Alexander Lawrence
In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation... ›