copyright in social media & digital marketing 2014
DESCRIPTION
Social media marketing and engagement is content driven. Brands needs high-quality, engaging content that customers and prospects want to share with each other. This content (photos, text, video, audio) is protected by traditional, black letter, legal schemes (e.g., copyright, trademark). Marketers must be really aware of things like tone and message and sort of the more subtle aspects of intellectual property rights, and more specifically, how the brand is portrayed and perceived. Understanding the copyright laws will help marketers understand how creative authorship is protected, what is not protected, what can be shared and how to enforce one's rights against unauthorized sharing.TRANSCRIPT
COPYRIGHT ISSUES IN DIGITAL & SOCIAL MEDIA
Presented by David M. Adler, Esq.Adler Law Group
www.adler-law.comAdlerlaw.wordpress.com
Copyright Overview
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Source: US Constitution
Protects Creative expression: literary, dramatic, and musical works; pantomimes and dance; pictorial, graphic and sculptural works; audio-visual works; sound recordings; and architectural works.
Fixation Protected Immediately (Registration not required) Tangible form includes the electronic medium Most items on the Internet are protectable: the
text of web pages, contents of email and Usenet messages, sound files, graphics, etc.
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Copyrights
©
Copyright BasicsWhat is NOT protectable?
Ideas Facts Titles Names Short phrases/Blank forms
“Work Made For Hire?” Either:
prepared by an employee within the scope of his or her employment, or
a work specially ordered or commissioned by express written agreement
The employer is the author of a work made for hire.
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Copyright BasicsEXCLUSIVE RIGHTS GRANTED:
1. Reproduce phonorecords;
2. Prepare derivative works;
3. Distribute by sale rental, lease, or lending;
4. Publicly perform literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
5. Publicly display literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; and
6. Publicly perform sound recordings, by digital audio transmission.
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Copyright BasicsWHY REGISTER?
Necessary for enforcement.
Claim Statutory damages (no need to prove Actual Damages)
ENFORCEMENT
INFRINGEMENT (When your stuff is used without your permission)
DMCA – Take Down notices
PLATFORM-SPECIFIC RULES
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Copyright in Social Media Photographs
Authorship? (Who owns the photo?) People in the background (Get waivers?) Trademarks in the background? (Get release?)
Text & links Attribution
Is it OK to post: On Twitter / Facebook / LinkedIn / Instagram
/Pinterest?
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STOP!
Fair Use DEFENSE to a claim of Copyright Infringement
HIGHLY fact and circumstances specific
Four Factors (17 U.S.C. § 107)
(1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the copyrighted work.
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Ownership & Management TipsOne thing I have learned: my clients should have consulted me first!
Identify and document:
• Identify Copyright assets early
• Protect through registration and contracts
• Use “Work-made-for-hire” Language for employees, contractors
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#$%&%$#!!
Recent Cases of Note“Monkey” Selfie: Generally one who takes photo owns the copyright. Wikimedia Commons refused photographers Take-Down request
“Oscar” Selfie: Bradley Cooper snapped the photo on behalf of Ellen DeGeneres, Joint-Authorship?
independently copyrightable contribution & artistic control
Intent of the parties to create a joint work.
“White House” Selfie: David Ortiz - Obama Ortiz, took photo with Samsung device; had signed an endorsement deal with Samsung the day admitted to being coached before event.
Legal Issues: authorship, joint ownership, and work-for-hire issues
Contract Issues: waivers, releases, sponsorship and work-for-hire agreements
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Thank youDavid M. Adler | Adler Law GroupSafeguarding Ideas, Relationships & Talent ® 300 Saunders Road, Suite 100Riverwoods, Illinois 60015Direct: (866) 734-25682014 Illinois Super Lawyer
David@adler-law,com
www.adler-law.com
Adlerlaw.wordpress.com
@adlerlaw
Ping Newsletter ®
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