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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, October 3, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Mr. Ballon is an intellectual property and internet litigator. He represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and internet- and mobile-related disputes and in the defense of data privacy, cybersecurity breach, adtech and behavioral advertising, TCPA and other internet-related class action suits. Mr. Ballon is the author of the five-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2d Edition (West 2008 & 2022 Cum. Supp.)

Ms. Chou advises on brand protection and strategy. She represents a wide variety of domestic, multi-national and foreign-owned businesses across a broad array of industries. Ms. Chou's experience ranges from computer software and hardware, consumer electronics, social media, virtual reality, entertainment, fashion and apparel; to cosmetics, professional and college sports, advertising, food and beverage, wine and spirits; to financial services, telecommunications, energy, biotech, healthcare, engineering, and publishing.

Ms. Grieco focuses on assisting clients with the development, management and protection of their brands. She manages domestic and international trademark portfolios, both large and small, and counsels clients with regard to their copyright and design matters, which includes securing protection for trademarks, copyrights and designs throughout the world. Her clients span a wide range of industries, including fashion, cosmetics, entertainment, financial services, technology, food, restaurant, and general consumer goods. Ms. Grieco has broad experience counseling clients in the use of the internet and social media to help build their brands, and advises clients on the pitfalls of Internet-based advertising, website content, and other Internet-related issues.
Description
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.
Outline
- IP infringement risks companies face from social media
- When is the use of marks and copyrights online fair use?
- 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 crucial first steps that counsel can advise businesses to take after identifying alleged IP infringement by a social media user?
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