Socially Aware

April 20, 2017 - DMCA, European Union, Marketing, Privacy, Copyright, Section 230 Safe Harbor, Mobile, Litigation
Now Available: The April Issue of Our Socially Aware Newsletter
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we examine a Federal Trade Commission report on how companies engaging in cross-device tracking can stay on
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April 14, 2017 - Advertising, User-Generated Content, Copyright, Free Speech
Social Links: Burger King ad triggers Google Assistant devices; suits allege infringement of copyrights in content posted to social media; Twitter’s hidden “dislike” button
By: Aaron P. Rubin
Without Google’s permission, Burger King ended one of its television commercials with a statement designed to automatically cause Google Assistant devices to read a list of the Whopper’s ingredients out loud. Having passed the 1.2-billion-user mark, Facebook Messenger is now twice as popular as
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April 04, 2017 - Endorsement Guides, Copyright, Employment Law
Social Links: Instagram makes it easy to label content as “sponsored”; Facebook combats fake news; better firefighting through drones
By: Aaron P. Rubin
A court ruled that a particular 98-character tweet wasn’t sufficiently creative to warrant protection under German copyright law. Inspired by a recording posted to Snapchat of a physical attack on a 14-year-old boy, a California bill would make it illegal to “willfully record a
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March 28, 2017 - Trademark, Copyright, IP, Litigation
Supreme Court Rules Cheerleading Uniform Designs Are Copyrightable
On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands that design elements of cheerleading uniforms may be protected under the Copyright Act. The 6-2 decision, written by Justice Thomas, clarified the scope of protection afforded to clothing designs
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December 05, 2016 - DMCA, User-Generated Content, Copyright
New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content
If your company operates a website or blog that hosts user-generated content, you’ll want to read this post carefully. We’re ringing the alarm bell on an important new U.S. copyright law development that, if ignored, could significantly increase your company’s potential liability exposure in
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August 10, 2016 - DMCA, Terms of Use, Copyright, IP
Commercializing User-Generated Content: Five Risk Reduction Strategies
By: Anthony M. Ramirez
We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting boost to their traffic numbers. And U.S.
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June 23, 2016 - Copyright, Litigation
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
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May 03, 2016 - Copyright
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,
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January 14, 2016 - Digital Content, DMCA, Copyright, IP, Litigation
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)
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December 07, 2015 - Copyright
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
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Topic Archives: Copyright

Now Available: The April Issue of Our Socially Aware Newsletter

By: Aaron P. Rubin

Social Links: Burger King ad triggers Google Assistant devices; suits allege infringement of copyrights in content posted to social media; Twitter’s hidden “dislike” button

By: Aaron P. Rubin

Social Links: Instagram makes it easy to label content as “sponsored”; Facebook combats fake news; better firefighting through drones

By: Aaron P. Rubin

Supreme Court Rules Cheerleading Uniform Designs Are Copyrightable

New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content

Commercializing User-Generated Content: Five Risk Reduction Strategies

By: Anthony M. Ramirez

The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible

By: J. Alexander Lawrence

New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content

By: Anthony M. Ramirez

Creative Commons Works: Free to License, But Not Necessarily Free to Use