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Infographic: The Use of Images From The Web on Your Site, Newspaper or Broadcast

We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch.
The infographic includes all the caveats because rarely can a legal issue be discerned down to … Continue Reading

#SMH-butnotacontestorsweepstakes – Check your online promotion hashtag or face scrutiny from the FTC

As we have reported before, the Federal Trade Commission requires the disclosure of any “material connection” offered in exchange for an online endorsement or post in their Online Endorsement Guidelines. Now, they are applying those rules to online promotions that require contestants to post, tweet or pin certain message to participate.
For those of you with … Continue Reading

The Law of Online Promotions

I recently did a CLE presentation on making your online promotions legally compliant.  I hope to be able to share some video with you soon, but if you like reviewing PowerPoints (and who doesn’t?), then enjoy.
 
Online Promotions
You can read more here from a previous post.

When Online Behavior Crosses the Line – The Law on Threats, Libel and Just Being Rude

A frequent question we get is what can we do about the online posting about me?  Often times, the answer is not much.  Lawyers can only help when the online conduct crosses the line into a cognizable cause of action.  Figuring that out is the hard part.
The Threatening or Harassing Post
Is there an ex spewing … Continue Reading

Back from the Land of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial.  So, we share with you some of the articles we have been reading, but just haven’t had time to write about:
Bloggers entitled to same protections as journalists under the First Amendment. … Continue Reading

Thankful I didn’t copy images, parody the Beastie Boys, use overbearing TOS or have to stand behind TheDirty

With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks.
Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics
In my three part series on using images from the web for your news stories, we talked about the Morel v. Agence France-Press case. … Continue Reading

Regulating revenge porn and explicit online communications with children – easier said than done

Everyone supports the prevention of sexual predators texting illicit material to people under 17.  Everyone knows that revenge porn is a scourge on public decency.  But, can the law do anything about it?  Should it?
Texas Throws Out Law Banning Explicit Online Communications With Minors.
Yesterday, the Texas Court of Criminal Appeals (our highest court that hears … Continue Reading

Facebook “Like” is Protected First Amendment Speech

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing.  In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment.  A district judge in Virginia ruled it was not.  The Fourth Circuit Court of Appeals recently reversed in … Continue Reading

Can I use the social media image for my story – part 3

In part one, we discussed how fair use may apply to the media’s use of social media images.  In part two, we looked at how the various sites’ terms of service come into play.  Today, we look at the one prominent case in this area and describe some best practices.
 The Agence France-Presse Twitter Case
There is … Continue Reading

Can I use the social media picture for my story? – Part Two

Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations.  Today, we look at the specific terms of service of various popular sites to see if some make it easier than others for the media to use images.
Facebook:
Plain English:  Each user allows Facebook, … Continue Reading