Embedding Photos and Videos From Social Media and Copyright Infringement

Recent Court Treatment, Responding to Unlicensed Use, and Ensuring Policies are in Place to Shield Companies From Liability

A live 90-minute premium CLE video webinar with interactive Q&A


Tuesday, October 5, 2021 (in 10 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE course will guide IP counsel on embedded photos from social media and the associated copyright issues. The panel will review recent court treatment of these issues. The panel will discuss what companies can and should do if they have unlicensed third-party content currently embedded on their websites and policies that should be in place to protect the company from copyright infringement actions.

Description

Embedding photos or images from social media into another website was initially thought to be within a safe harbor from a copyright infringement claim. Generally, many social and digital media companies have permitted users to embed content on third-party websites. However, over the last few years, there has been more copyright infringement litigation involving the issue of embedding.

Further, recent decisions have added more complexity to the issue of embedding, suggesting infringement may exist even if the copyright owner has granted permission to the social media site to permit others to embed photos. In Sinclair v. Ziff Davis (S.D.N.Y. 2020), a professional photographer sued Mashable Inc. and its parent company Ziff Davis, alleging Mashable embedded a photograph she created and published on her Instagram account. The photo was embedded on Mashable's website. The court initially granted a dismissal but then reversed. The court focused on the agreements and terms that govern the sublicensing of work uploaded to the social media site. The court noted ambiguity in the language as to whether it meant that API users may embed the public content of third-party users on their websites.

Companies that operate online should be aware of these recent legal developments to protect themselves from liability. Media companies have been the targets of recent litigation and may be liable for substantial damages when others' copyrighted images are used for their monetary gain.

Listen as our authoritative panel of IP attorneys examines the embedding of photos from social media and the associated copyright issues. The panel will review recent court treatment of these issues. The panel will discuss what companies can and should do if they have unlicensed third-party content currently embedded on their websites and policies that should be in place to protect the company from copyright infringement actions.

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Outline

  1. Embedded photos
    1. Copyright laws
    2. Case law developments
  2. Policies addressing embedding
  3. Best practices to shield a company from liability

Benefits

The panel will review these and other noteworthy issues:

  • How does the Sinclair decision impact the embedding of photos?
  • What must counsel do to ensure the company's repeat infringer policy falls within the DMCA safe harbor?
  • What steps should companies and website owners take to address currently embedded copyrighted content?

Faculty

Irish, Corrine
Corrine A. Irish

Of Counsel
Squire Patton Boggs

Ms. Irish is an experienced litigator and strategic adviser, effective in successfully resolving high-stakes legal...  |  Read More

Nightingale Dawson, Elana
Elana Nightingale Dawson

Attorney
Latham & Watkins

Ms. Nightingale Dawson represents companies in connection with all of their copyright needs, from advising on...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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