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Fair Use and IP Infringement on Social Media: Policing and Protecting Licenses, Copyright, and Trademark Rights

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 3, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will explain to counsel when fair use protects sharing content on social media sites 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 numbers of active social media monthly users worldwide are staggering--Instagram (1.35 billion), YouTube (2.6 billion), Facebook (2.9 billion), WhatsApp (2.78 billion), Pinterest (463 million), and Twitter (353 million)--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 owner's permission.

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 the posting of material on social media, and when is it just infringement?

Counsel must monitor and protect their IP and 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

Shareholder, Co-Chair Global Intellectual Property & Technology Practice Group
Greenberg Traurig

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

Chou, Rosaleen
Rosaleen Chou

Knobbe Martens

Ms. Chou advises on brand protection and strategy. She represents a wide variety of domestic, multi-national and...  |  Read More

Grieco, Mary
Mary L. Grieco

Olshan Frome Wolosky

Ms. Grieco focuses on assisting clients with the development, management and protection of their brands. She manages...  |  Read More

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