Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

Social

Search

sociallyaware-abajournalweb100-1

Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

rubin_aaron_blog_150x150.png

rubin_aaron_common_640x280.jpg

rubin_aaron_heroretina_2700x1160.jpg

rubin_aaron_mobileretina_750x1040.jpg

rubin_aaron_social_600x600.jpg

Partner

We know trademarks. With a team of more than 25 lawyers, including Professor J. Thomas McCarthy, world-renowned author of the well-respected McCarthy on Trademarks and Unfair Competition, we are a one-stop practice for guarding valuable business assets.

Trademark

Band 1: Intellectual Property: Trademark, Copyright & Trade Secrets, California

Firm to Watch: Intellectual Property; Trade Marks, Copyright And Design

Firm to Watch: Intellectual Property: Trademarks: Non-Contentious

Silver: Firms: Enforcement and Litigation, California 

Bronze: Firms: Prosecution and Strategy, California

Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

Aaron P. Rubin

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

gallick_lawrence_blog_150x150.png

gallick_lawrence_common_640x280.jpg

gallick_lawrence_heroretina_2700x1160.jpg

gallick_lawrence_mobileretina_750x1040.jpg

gallick_lawrence_social_600x600.jpg

Of Counsel

Lawrence Gallick

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

ramirez_anthony_blog_150x150.png

ramirez_anthony_common_640x280.jpg

ramirez_anthony_heroretina_2700x1160.jpg

ramirez_anthony_mobileretina_750x1040.jpg

ramirez_anthony_social_600x600.jpg

Our M&A lawyers represent Fortune 500 companies, private equity firms, investment banks, and privately-held companies in their most high-profile and complex mergers and acquisitions.

Mergers + Acquisitions

M&A Lawyers & Capabilities

Ranked for M&A: Foreign Firms in Singapore

Ranked for Global Corporate/M&A 

Ranked in the “Elite” Category of Corporate/M&A – Nationwide

Ranked for Corporate/M&A – Northern California

Ranked Band 1 for California Corporate/M&A: Deals in Asia

Ranked in the “Highly Regarded” Category of New York Corporate/M&A

Ranked in the “Elite” Category of Corporate/M&A: International

Ranked Band 1 for Corporate/M&A in Japan

Ranked for Corporate/M&A: International in Singapore

Ranked for Corporate/M&A: Hong Kong-based (International Firms)

Ranked for Corporate/M&A: Mid-Market in Germany

Awarded Deal of the Year for Imerys Joint Venture with British Lithium

Two MoFo Japan Deals Shortlisted for M&A Deal of the Year (Premium)

Two MoFo China Deals Shortlisted M&A Deal of the Year (Premium and Midsize)

Five MoFo Lawyers Named to M&A Powerlist

Named a Leading Firm for M&A

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

Anthony M. Ramirez

favicon.ico

favicon-16x16.png

favicon-32x32.png

apple-touch-icon.png

MoFo Favicons

Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

Welcome to Socially Aware

240920-socially-aware-header.jpg

Welcome to Socially Aware

240920-socially-aware-header

Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

News and Announcements

Blog - Terms of Use

Blog - Privacy Policy

Blog - Blog Disclaimer

Blog - Attorney Advertising

morrison-foerster-blog-logo.png

Provides a data-driven look at the Federal Circuit.

Federal Circuitry

Brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry.

MoFo Tech

Mofo Tech

Equips our clients with the most up-to-date and relevant information on employment and labor law issues.

Employment Law Commentary

In-depth analysis of developments and trends impacting government contracting.

Government Contracts Insight

Government Contracts Insights

Provides insights and reports on the most current class actions lawsuits and product liability issues that affect consumer-facing companies.

Class Dismissed Blog

Class Dismissed

MoFo’s Socially Aware blog provides timely updates and analysis of the many complex and cutting-edge legal and business issues arising out of social media.

Socially Aware

  Linkedin

MoFo LinkedIN

Socially Aware Blog - RSS

Stay Connected

Never miss a post from Socially Aware. Enter your email below to stay up-to-date.

Subscribe

The Law and Business of Social Media

Morrison Foerster - Footer

Blogs -  Home Button

Home

Blog - Topics

Web Scraping

Advertising

Antitrust

Arbitration

Artificial Intelligence

Asia

Autonomous Vehicles

Bankruptcy

Big Data

Blockchain

Class Actions

Cloud Computing

Compliance

Contracts

COPPA

Copyright

Crowdsourcing

Cyberbullying

Cybersecurity

Data Security

Defamation

Digital Content

Disappearing Content

Discovery

DMCA

E-Commerce

E-Discovery

E-Personation

Electronic Contracts

Employment Law

Endorsement Guides

Ephemeral Messaging

Ethics

European Union

Event

Fair Use

FDA Regulations

Financial Institutions

First Amendment

Fraud

Free Speech

GDPR

Hacking

Influencer Marketing

Infographic

Internet of Things

Investment Management Law

JOBS Act

Labor Law

Litigation

Live streaming

Marketing

Mobile

Online Contracts

Online Endorsements

Online Promotions

Online Reviews

Patent

Privacy

Product Liability

Protected Speech

Right of Publicity

Right To Be Forgotten

Section 230 Safe Harbor

Securities Law

Social Media Policy

Statistics

Status Updates

Stored Communications Act

Supreme Court

Terms of Use

UK High Court

User-Generated Content

Wearable Computers

Topics

Blog - Editors

Editors

Blog - About

About

Blog - Subscribe

More

Lawrence W. Gallick

Social Links: Statehouse v. Smartphone

Federal Court Enjoins California Teen Privacy Law . . . Again

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies (Part II – User-Generated Content and In-Game Payment Models)

A New California Digital Content Law Establishes New Requirements for Advertisers and Vendors

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

LinkedIN

If you want to use those pictures you found on Twitter, beware. A federal judge in New York recently <a href="http://www.scribd.com/doc/120501947/AFP-v-Morel-10-Civ-02730-AJN-S-D-N-Y-Jan-14-2013">held</a> that taking photos from Twitter to use for a commercial purpose infringes the photographer’s copyrights. On January 14, 2013, Judge Alison Nathan ruled that Agence France Presse (AFP), which provides subscribers with access to photos though an international wire and databank, and the Washington Post (“the Post”) infringed Daniel Morel’s copyrights to photos he posted on Twitter.In January 2010, freelance photographer <a href="http://photomorel.com/">Daniel Morel</a> uploaded to his TwitPic account a number of photos he took in Haiti in the immediate aftermath of the earthquake. An individual named Lisandro Suero took those photos from Morel’s Twitter account, reposted them to his own Twitter account, and tweeted that he had exclusive photos of the earthquake. AFP got the photos from Suero’s Twitter page, attributed the photos to Suero, and began distributing them to users of its wire and databank services. Getty Images (“Getty”) received the photos through AFP’s wire service. The Post received the photos from Getty. Getty and the Post published the photos on their websites, with captions that attributed them to Suero.When Morel’s exclusive agent found out that AFP, Getty and the Post were using his photos, his agent complained. While at least some efforts were made by AFP, Getty and the Post to address Morel’s agent’s complaint, those efforts in most respects fell far short of what is required under the law.In March 2010, AFP sought a declaratory judgment that it did not infringe Morel’s copyrights, and Morel counterclaimed for copyright infringement against AFP, Getty and the Post. During the course of the case, Morel moved for summary judgment on his copyright infringement counterclaim. In response, the defendants argued that pursuant to the Twitter <a href="https://twitter.com/tos">Terms of Service</a> (TOS), Morel provided them a license to use the photos by his very act of tweeting the photos.Judge Nathan disagreed. Judge Nathan found that the Twitter TOS provides that users generally retain their rights to the content they post—with the exception of the license granted to Twitter and its partners. Twitter’s “<a href="https://support.twitter.com/articles/114233-guidelines-for-use-of-tweets-in-broadcast">Guidelines for Third Party Use of Tweets in Broadcast or Other Offline Media</a>” further underscored that, while the Twitter TOS permit users to retweet posts, the Twitter TOS was not intended to let the “world-at-large” remove content from Twitter and commercially distribute it. Rebroadcasting tweets in their entirety is now a news program staple and actively encouraged by Twitter. Twitter’s TOS, however, do not permit media outlets to rip copyrighted material out of tweets and use it for some other purpose. Because AFP and the Post put forward no defense other than their license defense, Judge Nathan granted Morel’s motion for summary judgment and found them both liable for copyright infringement.Unlike AFP and the Post, Getty argued that it was entitled to the benefit of the <a href="http://www.law.cornell.edu/uscode/text/17/512">safe-harbor</a> provisions of the Digital Millennium Copyright Act (DMCA) that protect service providers from liability for copyright infringement. Judge Nathan held, however, that genuine issues of fact existed as to whether Getty could take advantage of the DMCA safe harbor, noting that companies like Getty that are in the business of selling copyrighted material may not be shielded from copyright liability under the DMCA’s safe harbor. Thus, it remains to be seen whether Getty will also be found liable for copyright infringement.In one bright spot for AFP and Getty, Judge Nathan granted summary judgment in their favor on the proper method for calculating statutory damages under the Copyright Act, which can result in awards of up to $150,000 per work infringed. Morel claimed that he was entitled to a statutory damage award “in the tens or hundreds of millions of dollars” against AFP and Getty. Morel argued that, because AFP and Getty distributed the photos to many of their subscribers, each downstream infringement by one of their subscribers would entitle him to an additional statutory damages award. Judge Nathan disagreed and held that any award of statutory damages against AFP and Getty could not be multiplied based on the number of infringers with whom they may be jointly and severally liable.This decision clarifies that Twitter users do not lose ownership rights to their content by posting it to Twitter. Although you may have the right to retweet or publish tweets in their entirety, you don’t have the right to take someone else’s content and use it for commercial gain.

Platform Liability

Commercial Litigation and Intellectual Property

International Arbitration

Bankruptcy Litigation

lawrence_j_blog_150x150.png

lawrence_j_common_640x280.jpg

lawrence_j_heroretina_2700x1160.jpg

lawrence_j_mobileretina_750x1040.jpg

lawrence_j_social_600x600.jpg

Alex advises on all aspects of complex commercial litigation in federal and state trial and appellate courts and in arbitration. He has represented U.S. and international clients in actions involving 

J. Lawrence

J. Alexander Lawrence

Thinking About Using Pictures Pulled From Twitter? Think Again, New York Court Warns