Topic: Copyright

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Liability for Hyperlinks: German Court Increases Responsibility of Website Operators

The Regional Court of Hamburg recently applied for the first time the new decision by the Court of Justice of the European Union (CJEU) regarding the liability for hyperlinks and further increased the risks and responsibilities for social media website operators. The EU Court Decision The CJEU held in September 2016 that using a hyperlink … Continue reading

Social Media, Copyright, and Blockchain

Social media has changed how people and companies interact and has provided us with some technological innovations that have raised copyright issues. In an effort to keep our readers informed of some recent developments involving social media, we wanted to provide some background relating to some headlines combining social media, copyright, and blockchain, and we … Continue reading

Will reverse class actions facilitate online IP enforcement in Canada?

While the internet has created ample opportunities for IP rights holders to exploit their intellectual property rights online, it also poses significant challenges relating to the protection of those same IP rights from would-be infringers. The internet’s global reach combined with the sophistication and anonymity of most online users has created an environment where it … Continue reading

Social Media & IP Enforceability

Social media channels represent an exciting medium to reach out to the public and potential collaborators. Social media can also play an important role in helping generate positive buzz for organizations seeking to develop a market for their products or services.  For example, many of today’s companies gauge the depth of market interest in their … Continue reading

We’re back, with our top five social media stories of 2015

The Social Media Law Bulletin is back! The ongoing interest of our readers as well as the increasing impact of social media led us to re-launch the Social Media Law Bulletin. We will be bringing you coverage of one or two items approximately each week, but in the meantime, we thought we would give you … Continue reading

Who owns your Instagram content?

You do (at least as between you and Instagram—your employer may have ownership rights in certain situations)!  Instagram does not claim ownership of any content that you post. You do grant Instagram very broad license rights:  a non-exclusive, fully-paid and royalty-free, transferable, sub-licensable, worldwide license to use content that you post. This license grant means … Continue reading

Legal considerations for social network APIs

An application programming interface (API) is a library or structured set of software tools that provides an interface to a backend software platform, such as a social networking platform, without providing direct access to the underlying source code of the platform. For example, Facebook™, Twitter™, Instagram™, LinkedIn™, Google Plus™, and Tumblr™ offer APIs so that … Continue reading

Agence France Presse v. Morel – THIRD UPDATE

We have posted previously on Agence France Presse v. Morel, the initial opinion of which was issued January 2013, as well as several updates in the case since then. The case so far Briefly summarizing the case so far, photographer Daniel Morel posted some photographs on Twitter.  Agence France Presse (“AFP”) copied eight of those … Continue reading

A picture can be worth a thousand links

From giant billboards on the highway to tiny pictures that can go viral within seconds, the use of social media sites like Instagram, Pinterest and Tumblr has revolutionized the advertising industry. Companies can now reach their target audiences more quickly and more effectively by taking advantage of instantaneous posting of pictures and blogs. The use … Continue reading

Memes and GIFs: a new cultural phenomenon

From “Winter is Coming” to plays on the Harlem Shake to anything involving cats, memes and GIFs (short for Graphics Interchange Format) are an increasingly popular way in which cultural ideas are shared. A meme has been characterized as a “categorization of a cultural trend or truth, a unit for communicating and collectively sharing cultural … Continue reading

Employees and DMCA “Safe Harbor”

Any employer with a web site or social media page that invites users to provide content will probably be interested in a September 18, 2013 case from the U.S. District Court for the Southern District of New York involving Capitol Records and video-sharing site Vimeo. Capitol Records, LLC v. Vimeo LLC, No. 09 Civ. 10101 (RA) … Continue reading

Agence France Presse v. Morel – UPDATE

Earlier this year, we wrote about a court opinion relating to photos posted on Twitter, in Agence France Presse v. Morel, the opinion of which was issued in January. The case, it appears, has come back to the United States District Court for the Southern District of New York, this time to determine the precise … Continue reading

Copyright Safe Harbor for Third-Party Content

Title II of the Digital Millennium Copyright Act (DMCA) provides a safe harbor for online service providers that allow users to self-post content. For companies with Web 2.0 enabled sites, 17 U.S.C. § 512(c) limits liability “for infringement of copyright by reason of the storage at the direction of a user.”  But this safe harbor … Continue reading

YouTube Class Action

On May 15, 2013, a federal district court denied the plaintiffs’ motion for class action certification in a case involving YouTube. The Football Ass’n Premier League Ltd et al v. YouTube Inc., No. 1:07-cv-03582 (S.D.N.Y. May 15, 2013). We had previously covered the case involving Viacom’s lawsuit against YouTube, where the same district court ruled, on … Continue reading

Viacom v. YouTube

On April 18, 2013, a federal district court judge again granted summary judgment in favor of YouTube in a copyright infringement lawsuit originally filed by Viacom, Paramount Pictures, and others in 2007. Viacom Int’l Inc. v. YouTube, Inc., No 1:07-cv-02103-LLS (S.D.N.Y. Apr. 18, 2013). The plaintiffs had claimed that YouTube had infringed their copyrighted movies, television … Continue reading

Twitter Amends DMCA Policy Due to Copyright Complaints

In an “effort to be as transparent as possible regarding the removal or restriction of access to user posted content,” social media company Twitter recently announced changes to the site’s Copyright and Digital Millennium Copyright Act (“DMCA”) policy. Instead of merely removing the potentially infringing tweets without explanation, Twitter will now clearly mark Tweets and … Continue reading
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