Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

Aaron P. Rubin

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Lawrence Gallick

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

Anthony M. Ramirez

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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.

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The Law and Business of Social Media

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It is likely no surprise to regular readers of Socially Aware that posting content to social media can, in some cases, generate significant income. But those wh

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The Meme Generation: Social Media Platforms Address Content Curation

The Meme Generation: Social Media Platforms Address Content Curation | Socially Aware

It is likely no surprise to regular readers of Socially Aware that posting content to social media can, in some cases, <a href="https://www.mic.com/articles/192799/how-much-money-do-influencers-actually-make" target="_blank" rel="noopener">generate significant income</a>. But those who make their living on social media may find their livelihood threatened if they fail to comply with the law and with the relevant platform’s terms of use.For example, we often see trouble arise when social media users fail to follow the Federal Trade Commission’s <a href="https://www.sociallyawareblog.com/2018/03/06/ftc-quest-better-influencer-disclosure/" target="_blank" rel="noopener">disclosure rules</a> in connection with receiving compensation in exchange for a promotional post, or when users <a href="https://www.papermag.com/buying-instagram-followers-documentary-2638831238.html" target="_blank" rel="noopener">purchase followers</a>—a practice that violates most social media platforms’ terms of use, and <a href="https://www.cnet.com/news/selling-fake-followers-and-likes-is-illegal-landmark-settlement-finds/" target="_blank" rel="noopener">might be illegal</a>. As we have <a href="https://www.sociallyawareblog.com/2016/08/08/ninth-circuit-case-demonstrates-that-the-social-media-platform-not-the-user-is-in-control/" target="_blank" rel="noopener">noted previously</a>, the social media platform and not the user sets the rules. If your business model is built on a social media platform, you have play by the platform’s rules.Earning an honest living is what Instagram user “Ben” (the pseudonym <a href="https://www.marketwatch.com/story/instagrams-purge-of-meme-accounts-cost-this-teenager-his-only-income-of-4000-a-month-2019-08-07" target="_blank" rel="noopener">assigned to him by MarketWatch</a>) claims to have been doing when he was taking in approximately $4,000 per month by operating and curating several accounts containing memes originally created by third parties. (For those who have somehow managed to avoid this ubiquitous Internet phenomenon, <a href="https://en.wikipedia.org/wiki/Internet_meme" target="_blank" rel="noopener">Wikipedia describes</a> a meme as a “piece of media that spreads, often . . . for <a href="https://en.wikipedia.org/wiki/Humour" target="_blank" rel="noopener">humorous purposes</a>, from person to person via the Internet.” The article at <a href="https://www.lifewire.com/what-is-a-meme-2483702" target="_blank" rel="noopener">this link</a> contains some examples.)One of Ben’s accounts had more than 500,000 followers who, apparently, enjoyed the memes that Ben found on the Web and selected for reposting on Instagram. Ben leveraged that following by advertising other users’ pages on his account. But one day in July 2019, Ben’s cash flow dried up when Instagram banned his meme accounts and many similar accounts because, according to Instagram, those accounts violated the platform’s terms of use by—among other transgressions—posting memes without authorization from the original creators of that content.Then, in early August 2019, Instagram changed course, attempting to smooth things over with the increasingly influential meme community by announcing its intention to <a href="https://www.theatlantic.com/technology/archive/2019/08/instagram-hiring-meme-liaison/595552/" target="_blank" rel="noopener">hire a strategic-partnerships manager dedicated to meme accounts</a>—a “meme liaison” of sorts.One of the issues the person who fills that position will have to navigate is the fact that meme account owners regularly post third-party content—i.e., memes originally created by others—and meme account owners don’t think such posting of third-party memes should be against Instagram’s terms of use. After all, meme account holders like Ben presumably grew their large followings by having an eye for the type of content that resonates with people, even if those account holders don’t create that content themselves.Instagram’s head of news and publishing partnerships, Lila King, seems to appreciate the merits of this argument, <a href="https://www.theatlantic.com/technology/archive/2019/08/instagram-hiring-meme-liaison/595552/" target="_blank" rel="noopener">telling The Atlantic</a> that “curation is a kind of creation.” That might be true, but—as <a href="https://slate.com/technology/2019/08/copyright-law-meme-accounts-instagram-reposts.html" target="_blank" rel="noopener">Slate points out</a>—“whether that holds up under copyright law is up for debate.”The copyright questions raised by meme accounts are many and varied, and considerations such as <a href="https://www.sociallyawareblog.com/2019/08/02/by-winning-motion-to-dismiss-supermodel-loses-chance-to-clarify-whether-she-can-lawfully-post-photos-of-herself-to-social-media/">fair use</a> and implied license could come into play. It is also worth noting that many of the memes that appear on meme accounts are themselves derived from preexisting copyrighted content, such as film stills and photographs. In other words, as much as Ben may have appropriated memes created by third parties to populate his meme account, those third-party creators themselves also depend on content owned by others.Exploration of these issues will have to wait for another post, but rest assured that we will be keeping a close eye on this developing story.