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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
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
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
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
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.
Plain English: Each user allows Facebook, … Continue Reading
The answer is one that frustrates people the most — it depends. In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on that in part 3). But, let’s assume you can’t get permission — after all, … Continue Reading
Rocky Mountain National Park
Because of an extended working vacation away from Houston’s heat in Colorado, I’ve been away from the blog. Like my kids gearing up to go back to school, I’m getting back to the normal work mode back in the office while recovering from a separated shoulder from a mountain biking incident (riding … Continue Reading
What happens when the employee who set up the company’s LinkedIn account leaves? Or, what happens when your outside marketing firm set up your Facebook page but refuses to give it to you because of a fee dispute?
Before we talk about what to do in these situations, let’s talk briefly about how to avoid … Continue Reading
The Tenth Circuit issued a decision yesterday in the 1-800 Contacts v. Lens.com case we discussed several years ago when originally filed. For those of you who simply want the result, the Court of Appeals ruled:
1. There was no evidence of likelihood of confusion – an essential element to a trademark claim.
2. The court also … Continue Reading
Sometimes, when you read the basics of a story, it sounds so incredulous, you think “surely, there has to be more to it.” Enter the story of 19-year-old Texan Justin Carter. The quick headlines usually read – Texas Teen Faces Eight Years for Facebook Comment.
Unfortunately for Justin, the post was about shooting up kindergartners. … Continue Reading