Topic: Copyright

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Legal pitfalls of short-form videos

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in Copyright, Privacy
A recent social media trend that has exploded in the past couple years is the use of “short-form videos.” Short-form videos are short in length—typically ranging from a few seconds to a few minutes—and feature a wide variety of topics, including dancing, singing, eating, politics, and new product trends. Social media users typically create these … Continue reading

Social media, copyright, and fair use

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Copyright
On August 16, 2023, a federal trial court in Texas ruled on a copyright matter involving a factual video that went viral on social media.  At the motion to dismiss stage, the issue the court faced was whether the affirmative defense of fair use applied to a defendant who used the video to promote his … Continue reading

Photo backgrounds and copyright infringement

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Copyright
Many companies post photos on social media in order to promote their businesses.  A recent federal court ruling demonstrates how simple it is to become subject to a copyright infringement lawsuit because of the background of the photo.  (Petersen v. Diesel Power Gear LLC, No. 1:21-cv-08827 (SDA) (S.D.N.Y. Dec. 21, 2022) (2022 WL 17832314).) Background … Continue reading

Photos and Social Media

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Copyright
We have previously written on how expensive it can be to copy photos found on social media and use them for commercial purposes, as a result of copyright infringement claims.  On October 3, 2022, the Ninth Circuit explored a few more copyright issues, specifically:  who can bring the lawsuit, who controls social media pages, and … Continue reading

Embedded Content: Copyright Infringement or Permissible Use Under the Server Rule?

Photo of Cassandra Gizzo (US)By Cassandra Gizzo (US) on Posted in Copyright
The Southern District of New York recently considered whether the unlicensed embedding of a video originally posted to a social media platform constituted copyright infringement. The case, Nicklen v. Sinclair Broadcast Group, Inc., et al., No. 20-10300 (S.D.N.Y. July 30, 2021), concerned the re-posting of a copyrighted video of a starving polar bear, taken by … Continue reading

NFTs’ nifty copyright issues

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in Copyright
Whether you are a crypto guru or not, you have likely heard about NFTs. The three-letter acronym, NFT, stands for “Non-Fungible Token”. NFTs are the centre of attention right now because of high-profile sales, such as $70 million for digital artwork, $2.5 million for Jack Dorsey’s first tweet, and more than $230 million spent buying … Continue reading

Online copyright reform consultation launched by the Canadian government

By NRF Digital Team on Posted in Copyright
On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31. The goal of this consultation is to “ensure that Canada’s copyright framework for online intermediaries reflects this evolving digital world.” Alongside the announcement of this consultation, the government … Continue reading

Bill S-225: Proposed Canadian legislation to have social media pay news media

By NRF Digital Team on Posted in Copyright
Across the world, as digital companies’ advertising revenues climb, traditional news organizations’ revenues fall. As a result, many traditional news organizations, like broadcasters and newspapers, are going out of business. The public’s appetite for journalism, however, has not waned. If anything, the public needs reliable news sources more than ever in this era of “fake … Continue reading

Social media copyright infringement: International small claims in Canada

By NRF Digital Team on Posted in Copyright
In the last month of 2020, Canadian courts decided two proceedings involving alleged copyright infringement and social media platforms. Both proceedings were small scale and involved foreign copyright holders. One proceeding was heard by the British Columbia Civil Resolution Tribunal (BCCRT) and the other was heard by the Federal Court of Canada (FC) under its … Continue reading

Social media, photographs, and fair use

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Copyright
We have previously written about the lawsuits that can result from unauthorized uses of photographs, but on November 2, 2020, a federal trial court in New York issued a ruling regarding use of a photo from a social media site that was “fair use” under the copyright laws. (Boesen, v. United Sports Publications, Ltd., 20-CV-1552 … Continue reading

The rise of videogame streaming in a global pandemic

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in Copyright
The COVID-19 pandemic has had a large effect on our entertainment consumption. Some entertainment industries have taken significant hits, while others have been more fortunate in their rise. Videogame streaming is one such industry on the rise. During the pandemic, the global viewership of popular streaming platforms Twitch and YouTube Gaming increased by 10% and … Continue reading

Solar Energy, Trade Secrets, and Unfair Competition

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Copyright
On January 13, 2020, a solar energy sales lead generation company settled a federal lawsuit against several defendants, including a former employee. Both the initial complaint and settlement described the important role of social media to the business. (Solar Connect, LLC v. Endicott, Case No. 2:17-cv-01235 (D. Utah Jan. 13, 2020) (stipulated permanent injunction).… Continue reading

To regram or not to regram? Legal implications of reposting content to social media

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in Copyright
Most of us are familiar with Instagram – a social media engine, primarily utilized in its all-too-familiar form of a phone application, that allows users to share images and videos of themselves or others for public viewing and potential recognition. With the increased popularity of photo-sharing social media tools like Instagram, users have begun to … Continue reading

Grumpy Cat back in court

Photo of Stephanie Schmidt (US)By Stephanie Schmidt (US) on Posted in Copyright, Litigation, Trademark
We previously reported on Grumpy Cat Limited’s big win in a copyright and trademark suit. As a recap, Grumpy Cat—the social-media-famous grimacing feline, or rather the holding company owned by her “parents”—filed a lawsuit after the defendants went beyond the scope of a licensing agreement to market a variety of Grumpy Cat-themed coffee products. According … Continue reading

Social Media, Copyright & Photographs

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Copyright
Many social media sites and pages encourage people to post and share photos. This activity creates an issue where the owner of the photos has not given permission for that use, as a photographer alleged in a recent Fifth Circuit case Stross v. Redfin Corp., ___ Fed. Appx. ___ (5th Cir. Apr. 9, 2018) (2018 … Continue reading

Submissions Now Open For Artificial Intelligence Stakeholders: Canada’s Copyright Act Review

Photo of Maya MedeirosBy Maya Medeiros on Posted in Copyright
Social media depends on digital technology, and the Canadian government has begun a review of Canada’s Copyright Act with a view to keep the copyright framework current in light of digital technology. Written submissions are now being solicited from all Canadians on Canada’s Copyright Act, as the Standing Committee on Industry, Science and Technology (“Committee”) … Continue reading

Me, Myself & ‘AI’

Photo of Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in Copyright, Patent, Privacy
Human interactions with technology In the past few years, the use of social media has increased rapidly. A key feature of social media platforms and social media apps is the ability to interact with other people in ways that were not thought possible in previous generations.  With the click of a button, someone from the … Continue reading

Legal chatbots: something for nothing?

Photo of Jeff Pettit (US)By Jeff Pettit (US) on Posted in Copyright, General
In June, we introduced the topic of chatbots and highlighted some key risks and concerns associated with this growing area of technology.  One business in particular, DoNotPay, made headlines recently by announcing that it would begin building legal chatbots for free. The claim? In a July 14, 2017, posting to the online publishing platform Medium, … Continue reading
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