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The Internet Is Not a Consequence-Free Zone
The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers. Those who publish their musings, photographs, videos and other material via Twitter, Facebook, Instagram or YouTube, for example, do not necessarily know that their content may be protected by copyright law. By the same token, those who use others' content typically give little thought to whether their actions constitute copyright infringement, or are shielded from liability.
Given 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 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 such as the Digital Millennium Copyright Act (DMCA), 17 U.S.C. '1201 et seq. (1998), which address information created and disseminated on the Internet. Finally, providers of social media platforms have created policies and procedures to curb infringement by their users.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?