The Internet Is Not a Consequence-Free Zone

In light of the vast dissemination of material via social media, and with the average user taking such a casual approach to the creation and use of content, it is unsurprising that skirmishes over the appropriation of published material are occurring with greater frequency. In some instances, disputes have involved high-profile individuals and been the subject of media reporting. As discussed below, infringement claims have raised questions about how copyright law might protect the originator or the secondary publisher(s) of material, as well as what, if any, responsibility the operators of social media platforms may have to remove allegedly infringing posts from their sites.

The good news is that, for those seeking guidance about the “dos and don'ts” of using social media, there are places to turn, both in well-established copyright law and the social media platforms themselves. For example, fundamental principles governing what constitutes protectable content and the doctrine of fair use are applicable to social media, even if there are unique aspects of the virtual world that might influence the analysis. Additionally, Congress has acted to pass statutes like the Digital Millennium Copyright Act (DMCA), 17 U.S.C. '1201 et seq. (1998), which addresses information created and disseminated on the Internet. Finally, providers of social media platforms have created policies and procedures to curb infringement by their users.