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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

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

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

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

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

Social Media for the CEO: Lessons Learned from the Netflix/SEC Tussle and Reg FD

[Updated on 4/11/13 at the bottom]
Yes, you can use social media to make material public disclosures.  The SEC did not punish Netflix CEO Reed Hastings.  The reality is, however, the SEC gave a warning to executives: we are not going to do anything this time because our rules weren’t clear, but now you are on notice.
The Netflix CEO … Continue Reading

REGISTER NOW! The Social Media Brews and Views CLE

CLICK HERE TO REGISTER
Social Media is becoming pervasive in today’s society. This CLE looks at how it intersects with legal issues crossing a broad spectrum of specialty areas to give all practitioners the information they need to be aware of the special risks and issues social media presents. Our speakers will look at how it … Continue Reading

Legal Guidelines for CEOs on Social Media – Avoid the Netflix Issue

In July, Netflix CEO Reed Hastings posted on Facebook that viewing on his company’s site “exceeded 1 billion hours” of videos in June.   The stock rose 6.2% on the day of the post.  Last week, the SEC sent Netflix notice it may investigate.  You can read the Washington Post story here. 
Reg FD, or Fair Disclosure, is … Continue Reading

NLRB says what to include and not to include in your social media policy

Federal agencies are not shy about enforcing alleged violations of their policies after the fact.  From these enforcement actions, lawyers are supposed interpret the results to advise their clients on how to avoid the same fate. 
In the past, the NLRB even summarized some of the cases for us in its second report on social media in the workplace.  … Continue Reading