Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
To Embed, or Not to Embed, that is the Question
While the sound distracting you hear from this article may well be William Shakespeare rapidly turning in his grave like the Mad Hatter Teacup Ride at Disneyworld, recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that would have even vexed the Bard himself. To provide a context for these risks, as well as some options for addressing them, this article will examine the history of using copyright-protected content on the Internet, uncertainty for content owners and sites created by courts in some recent cases, and difficult options and potentially costly litigation with a potential for loss of rights now facing content and site owners given those cases.
In the age of social media, thousands of images, articles, videos and recordings are brought to public attention through private citizens, organizations, and even the president of the United States, using social media and digital platforms. Digital media exists in the form of everything from memes to news reports to company blogs. Although first launched only in 2010, over 45 billion photos have been shared on the Instagram social media platform, and it is currently one of the top five visited applications on the Internet. See, www.thefactsite.com. While pictures of food and selfies constitute a not insubstantial portion of those numbers, Instagram has also become a critical vehicle for professional photographers, artists and other content providers to share their work and connect with licensees.
At the same time, Instagram has also become one of the most critical venues for corporations looking to promote their companies and their brands, with National Geographic, Nike, Victoria's Secret, 9GAG and Nike Football providing five of the most visited sites on Instagram. Id. Seeking to add content and interest, owners of many Instagram sites have used the Instagram-provided "embed" feature to post Instagram content in blogs and on their sites. Find a photograph on Instagram of Hugh Jackman and his French bulldog strolling the streets of SoHo sharing a lactose-free frozen treat? Frequently, that photo was then embedded on a post for the non-dairy treat company. But, one may ask, doesn't a photographer own the rights to that image? Doesn't the company need a license?
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?