Socially Aware

February 06, 2017 - DMCA
Second Circuit Clarifies “Repeat Infringer” Policy Requirement for DMCA Copyright Safe Harbors
By: J. Alexander Lawrence
Congress enacted the Digital Millennium Copyright Act (“DMCA”) nearly two decades ago seeking to balance the needs of two factions: Content creators, who were struggling to protect their intellectual property in the digital age, and fledgling Internet companies, who feared being held liable for
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December 05, 2016 - DMCA, User-Generated Content, Copyright
New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content
If your company operates a website or blog that hosts user-generated content, you’ll want to read this post carefully. We’re ringing the alarm bell on an important new U.S. copyright law development that, if ignored, could significantly increase your company’s potential liability exposure in
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August 10, 2016 - DMCA, Terms of Use, Copyright, IP
Commercializing User-Generated Content: Five Risk Reduction Strategies
By: Anthony M. Ramirez
We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting boost to their traffic numbers. And U.S.
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March 22, 2016 - Digital Content, DMCA, Terms of Use, Marketing, Section 230 Safe Harbor, IP, Litigation
How to Protect Your Company’s Social Media Currency
By: Aaron P. Rubin
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it , is becoming increasingly important and companies are investing heavily in building their social media fan bases. In some cases,
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January 14, 2016 - Digital Content, DMCA, Copyright, IP, Litigation
New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content
By: Anthony M. Ramirez
In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation of revolutionary new business models? Section 512(c)
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June 24, 2014 - DMCA, Copyright, Litigation
Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent
By: Aaron P. Rubin
The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users. To receive this protection, service providers must designate an agent
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January 29, 2014 - First Amendment, DMCA, Privacy, Copyright
Keeping Privates Private: The Legal Landscape of Revenge Porn
By: Jessica Kaufman and Aaron P. Rubin
Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and connection-through-sharing to levels unparalleled at any point in history.
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February 14, 2013 - DMCA, Terms of Use, Copyright, IP, Litigation
Thinking About Using Pictures Pulled From Twitter? Think Again, New York Court Warns
By: J. Alexander Lawrence
If you want to use those pictures you found on Twitter, beware. A federal judge in New York recently held 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
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October 26, 2012 - Trademark, DMCA, Copyright, IP, Litigation
Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications
By: Jessica Kaufman
Popular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to
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August 30, 2012 - DMCA, Copyright, Litigation
Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit
Over the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the
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Topic Archives: DMCA

Second Circuit Clarifies “Repeat Infringer” Policy Requirement for DMCA Copyright Safe Harbors

By: J. Alexander Lawrence

New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content

Commercializing User-Generated Content: Five Risk Reduction Strategies

By: Anthony M. Ramirez

How to Protect Your Company’s Social Media Currency

By: Aaron P. Rubin

New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content

By: Anthony M. Ramirez

Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent

By: Aaron P. Rubin

Keeping Privates Private: The Legal Landscape of Revenge Porn

By: Jessica Kaufman and Aaron P. Rubin

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

By: J. Alexander Lawrence

Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications

By: Jessica Kaufman

Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit