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
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