Socially Aware

April 25, 2017 - Copyright, IP, Litigation
Limiting Statutory Damages in Internet Copyright Cases
By: Paul Goldstein and Joyce Liou
One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers can be held secondarily liable for the infringements of their
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March 28, 2017 - Trademark, Copyright, IP, Litigation
Supreme Court Rules Cheerleading Uniform Designs Are Copyrightable
On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands that design elements of cheerleading uniforms may be protected under the Copyright Act. The 6-2 decision, written by Justice Thomas, clarified the scope of protection afforded to clothing designs
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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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July 15, 2016 - Patent, Live streaming, Privacy, UK, IP, Litigation
Social Links: Appeals court opinions show reach of anti-hacking law; a virtual reality sickness cure; intrigue at Vine
By: Aaron P. Rubin
The UK wants to use the blockchain to track the spending of welfare recipients. Some believe that a recent Ninth Circuit holding could turn sharing passwords into a federal crime under the Computer Fraud and Abuse Act. And another Ninth Circuit opinion sided with
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April 14, 2016 - Internet of Things, IP
The Internet of Things: Interoperability, Industry Standards & Related IP Licensing Approaches (Part 2)
In an article published here in January we addressed some of the more significant Internet of Things (IoT) -specific standards and initiatives and emphasized the importance of interoperability as central to the growth and success of the products and services that leverage the IoT. In
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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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February 02, 2016 - Internet of Things, IP
The Internet of Things: Interoperability, Industry Standards & Related IP Licensing Approaches
The financial impact of the Internet of Things on the global economy will be significantly affected by interoperability. A 2015 McKinsey Global Institute report indicated that, “[on] average, interoperability is necessary to create 40 percent of the potential value that can be generated by
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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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December 21, 2015 - Endorsement Guides, FDA Regulations, FTC, Marketing, Compliance, IP, Online Endorsements
Influencer Marketing: Tips for a Successful (and Legal) Advertising Campaign
By: Julie O'Neill
In an age of explosive growth for social media and declining TV viewership numbers , companies are partnering with so-called “influencers” to help the companies grow their brands. Popular users of Instagram, Vine, YouTube and other social media sites have gained celebrity status ,
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July 07, 2015 - Status Updates, Copyright, Mobile, IP
Status Updates: Artist sues Pinterest; texting for teens without data plans; quit smoking with social media
By: Aaron P. Rubin
Pin pain. As a primarily visual social media platform whose self-described purpose is to help users bookmark and save “ good stuff you find anywhere around the web ,” Pinterest has raised copyright infringement questions since it became explosively popular in 2012. In many
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