Fair Use and IP Infringement on Instagram, Facebook and Other Social Media

Policing and Protecting Licenses, Copyright and Trademark Rights

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Thursday, April 26, 2018

Recorded event now available

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Program Materials

This CLE webinar will guide counsel on when sharing content on social media sites is protected by fair use and when it crosses the line into unauthorized infringement. The panel will outline steps for counsel to advise companies on monitoring and protecting against unauthorized use of their brands and content on social media.


The numbers are staggering—Pinterest (175 million monthly users), Instagram (800 million monthly users), Twitter (330 million monthly users), YouTube (1.5 billion users), and Facebook (2.07 billion+ monthly users)—and are increasing exponentially. Social media users are sharing, tweeting, pinning and posting a variety of intellectual property, including pictures, videos, articles and more, often without the permission of the owner.

Counsel to IP owners must understand the legal implications of recent court decisions on online sharing of their intellectual property. When is posting of material on social media shielded by fair use and when is it just infringement?

Counsel must monitor and protect their IP but also must balance pursuing infringement against the value of viral marketing.

Listen as our authoritative panel of IP attorneys examines whether use of trademarks and copyrights is fair use and the risk of infringement that companies face from social media, and offers strategies for protecting marks and copyrights and monitoring and minimizing the infringement risk.



  1. Risk companies face from social media
  2. When use of marks and copyrights online is fair use
  3. Strategies for protecting marks and copyrights in social media


The panel will review these and other key issues:

  • What are best practices to proactively protect brands from infringement by social media site users without losing the marketing advantages?
  • Can IP owners pursue social media users who impermissibly post, pin or share content for infringement based on other users (individually or en masse) re-posting that item?
  • What are the crucial first steps that counsel can advise businesses to take when alleged IP infringement by a social media user is identified?


Ballon, Ian
Ian C. Ballon

Greenberg Traurig

Mr. Ballon represents Internet, technology, entertainment companies and social networks in internet-related...  |  Read More

Barry, Jennifer
Jennifer L. Barry

Latham & Watkins

Ms. Barry has significant experience in all aspects of commercial intellectual property, including trademark...  |  Read More

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