Intellectual Property Rights in the Digital Age
March 20, 2013
Executive Summary
Does social media facilitate infringement? Many social platforms permit companies and individuals to link to, post, and share content they do not own. Respected pundits claim much of this activity infringes third party copyrights and other intellectual property rights. Do we really live under a legal regime that labels the majority of social media users lawbreakers? How is the law evolving to keep up with social media? How are advertisers supposed to make sense of any of this?
This presentation will explore the legal and business risks when companies use social media. Topics include social media architecture (how do API's and inline links work? Do they implicate the reproduction, display, performance and other exclusive rights of copyright owners?), permissions (what sharing is authorized by content owners - and social media platforms - and what are the limits?), "side loading” and safe harbors (does the DMCA protect platforms like Pinterest?), rights of publicity (are brands precluded from doing what everyone else can do with tweets and posts?) and fair use, revisited (has the fair use analysis changed in the age of social media? Should it change?).
Resources:
- Flava Works, Inc. v. Gunter
- Fraley v. Facebook, Inc.
- Agence France Presse v. Daniel Morel v. Getty Images, Inc.
- Patent Infringement
Speakers: Brian Murphy, Partner, Frankfurt Kurnit Klein & Selz PC; Terri Seligman, Partner, Frankfurt Kurnit Klein & Selz PC; Tiffany Hall, Counsel, Pernod Ricard USA
