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

Policing and Protecting Licenses, Copyright and Trademark Rights

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


Conducted on Wednesday, April 26, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for 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.

Description

The numbers are staggering—Pinterest (150 million monthly users), Instagram (600 million monthly users), Twitter (317 million monthly users), YouTube (1 billion+ users), and Facebook (1.86 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 permission of the owner.

On Oct. 16, 2015, the Second Circuit held Google’s unauthorized book-scanning program was noninfringing fair use of copyrighted works. Counsel to IP owners must understand the legal implications of this decision 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.

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Outline

  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

Benefits

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 key first steps that counsel can advise businesses to take when alleged IP infringement by a social media user is identified?

Faculty

Ballon, Ian
Ian C. Ballon

Shareholder
Greenberg Traurig

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

Barry, Jennifer
Jennifer L. Barry

Partner
Latham & Watkins

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

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