Socially Aware

October 09, 2019 - Advertising, Copyright, Litigation
Insta-Mural Infringement: Public Art in Instagram Ad Leads to Copyright Claim
By: Aaron P. Rubin
As regular readers of Socially Aware already know, there are many potential traps for companies that use photographs or other content without authorization from the copyright owners. For example, companies have faced copyright infringement claims based on use of photos pulled from Twitter. Claims
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September 04, 2019 - User-Generated Content, Section 230 Safe Harbor, Litigation
CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms
By: J. Alexander Lawrence
A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims. When you think about the Section 230 safe harbor,
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August 02, 2019 - Copyright, Fair Use, IP, Litigation
By Winning Motion to Dismiss, Supermodel Loses Chance to Clarify Whether She Can Lawfully Post Photos of Herself to Social Media
By: Aaron P. Rubin
A federal district court dismissed a case against supermodel Gigi Hadid for posting to Instagram a photo of herself that was taken by a paparazzo. The reason for the court’s decision was simple: The party claiming copyright ownership of the photo failed to get
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July 22, 2019 - Terms of Use, Arbitration, Litigation
Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable
By: Aaron P. Rubin
A federal district court in Illinois recently held in Anand v. Heath that a digital marketing company could not force a user to arbitrate because a “Continue” button on its website did not provide clear notice that clicking the button constituted assent to the
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July 17, 2019 - Section 230 Safe Harbor, Litigation
D.C. Circuit Holds that Section 230 Locks Out Locksmiths
By: Aaron P. Rubin
As we noted in our recent post on the Second Circuit case Herrick v. Grindr, LLC , Section 230 of the Communications Decency Act (CDA) continues to provide immunity to online intermediaries from liability for user content, despite pressure from courts and legislatures seeking
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June 11, 2019 - Advertising, First Amendment, European Union, Copyright, Free Speech, IP, Litigation
Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from Instagram wins French rock star’s kids a share of his estate
By: Julie O'Neill
In March, Socially Aware reported on a lawsuit involving several prominent news outlets’ publication of a photo of NFL quarterback Tom Brady on Twitter. The case had the potential to upend a copyright and Internet-law rule that, in the words of a Forbes columnist
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May 20, 2019 - Advertising, Trademark, Artificial Intelligence, Data Security, Hacking, Defamation, Fair Use, Litigation, Right of Publicity
Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology
By: Aaron P. Rubin
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th Circuit’s nominative fair use analysis
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April 30, 2019 - Digital Content, User-Generated Content, Section 230 Safe Harbor, Litigation
Appeals Court Again Upholds Section 230 Protections in Case Against Grindr
By: Aaron P. Rubin
Often hailed as the law that gave us the modern Internet , Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us here at Socially Aware , have noted that Section
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April 16, 2019 - Advertising, First Amendment, European Union, Influencer Marketing, Copyright, Free Speech, Compliance, Litigation
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
By: Anthony M. Ramirez
A 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
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February 26, 2019 - Advertising, Discovery, Litigation
Social Links: Settlement declares fake “likes” illegal; Pinterest’s impending IPO; a bill to criminalize “social media extortion”
By: Aaron P. Rubin
In what is being described as “ the first settlement to deem such sales illegally deceptive ,” New York Attorney General Letitia James has entered into a settlement with a company that had been selling fake followers, likes and views on several social media platforms.
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Topic Archives: Litigation

Insta-Mural Infringement: Public Art in Instagram Ad Leads to Copyright Claim

By: Aaron P. Rubin

CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms

By: J. Alexander Lawrence

By Winning Motion to Dismiss, Supermodel Loses Chance to Clarify Whether She Can Lawfully Post Photos of Herself to Social Media

By: Aaron P. Rubin

Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable

By: Aaron P. Rubin

D.C. Circuit Holds that Section 230 Locks Out Locksmiths

By: Aaron P. Rubin

Social Links: Suit over “embedded tweet” with Tom Brady’s photo settles; brand agency manipulates Wikipedia; evidence from Instagram wins French rock star’s kids a share of his estate

By: Julie O'Neill

Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology

By: Aaron P. Rubin

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

By: Aaron P. Rubin

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

By: Anthony M. Ramirez

Social Links: Settlement declares fake “likes” illegal; Pinterest’s impending IPO; a bill to criminalize “social media extortion”

By: Aaron P. Rubin