Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring User-Generated Images
Welcome to Socially Aware
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.
- We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of the serious risks that can arise from seeking to commercially... ›
In-Depth Report: Privacy + Data Security
By: Aaron P. Rubin
As Socially Aware readers know, privacy and data security issues are among the most critical legal issues confronting companies that do business online. With ransomware attacks and hacking incidents on the rise, and with privacy and data security laws becoming increasingly burdensome, companies are... ›Social Links: A seminal opinion on web scraping; Obama breaks Twitter record; court holds state’s subpoena law applies to digital communications
By: Aaron P. Rubin
In an opinion granting a preliminary injunction preventing LinkedIn from blocking a startup’s use of information in LinkedIn profiles accessible to the entire public, the U.S. District Court for the Northern District of California expressed doubts that a federal anti-hacking law—the Computer Fraud &... ›Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?
With over one billion websites on the Internet, and 211 million items of online content created every minute , it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed with online content,... ›Hot Off the Press: Our New Guide to Social Media and the Securities Laws
Nearly all companies—whether they’re focused on the B2C market or the B2B market—have embraced social media as a way to promote their goods and services and to interact with customers and potential customers. The growing use of social media has, however, created challenges for... ›Social Links: SCOTUS embraces technology; IoT companies proliferate; blockchain might make senior execs extinct
By: Aaron P. Rubin
A federal district court in Wisconsin struck down the first law in the country requiring augmented-reality-game makers to go through a complicated permit-application process before their apps could be used in county parks. The U.S. Supreme Court on Nov. 13 will implement an electronic... ›Get Your Gripe On: The Consumer Review Fairness Act Is Live
By: Aaron P. Rubin
Searching “millennials killed…” on the Internet returns over 1.5 million results in .65 seconds. Commentators have blamed the generation raised by tablets, smartphones, and apps for killing everything from marriage to brunch , often deriding today’s youth for being too opinionated and too obnoxious.... ›Digital Age Expands Communication but Creates Discovery, Litigation Pitfalls
By: Carrie H. Cohen
E-mails. Text messages. Instant messages. Social media. The digital age has given birth to powerful new ways to communicate that have transformed how we live and conduct business. But the proliferation of communication options has come with increased exposure to claims in litigation of... ›- - First Amendment, European Union, Influencer Marketing, Antitrust, Defamation, Free Speech, Litigation
Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a potentially dangerous Snapchat update
By: Aaron P. Rubin
A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if any) media companies may be held responsible for what their talent posts on social media. In a move characterized as setting legal... › Privacy Law Considerations in Tracking Event Attendees’ Whereabouts
By: Aaron P. Rubin
More and more often, the organizers of conferences, trade shows and events are taking advantage of beacon technology to track attendees’ movement throughout their conventions’ sessions and event spaces. Although no U.S. law specifically prohibits such tracking, the FTC has made it clear that... ›