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 video webinar with Q&A

Conducted on Thursday, January 21, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will explain to counsel 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 social media content.


The number of active monthly users worldwide are staggering--Pinterest (416 million), Instagram (1 billion), Twitter (330 million), YouTube (2 billion), Facebook (2.7 billion), and WhatsApp (2 billion)--and increasing. Social media users are sharing, tweeting, pinning, and posting a variety of intellectual property, including pictures, videos, articles, and more--usually 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 does fair use permit posting of material on social media and when is it just infringement?

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

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



  1. IP infringement risks companies face from social media
  2. When is the use of marks and copyrights online 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 after identifying alleged IP infringement by a social media user?


Ballon, Ian
Ian C. Ballon

Greenberg Traurig

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

Wetzel, Joe
Joe Wetzel

Latham & Watkins

Mr. Wetzel is a first-chair trial lawyer who focuses on cutting-edge copyright and music licensing issues, representing...  |  Read More

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