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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
Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never that simple.
The general rule is advertising cannot be deceptive – which means … Continue Reading
The Cleveland Plain Dealer agreed to reveal the identity of one of its frequent anonymous commenters. The anonymous commenter was a judge who posted under the name “lawmiss” and commented on some of the cases in her court. Judge Shirley Strickland Saffold reacted by suing the newspaper for $50 million.
I will leave the ethics of … Continue Reading
The Supreme Court heard oral argument today about whether it is a crime to sell or possess any depiction of animal cruelty. Subsection (a) of the law, U.S.C. Part I, Chapter 3, Section 48, states: “Whoever knowingly creates, sells, or possesses a depiction of animal cruelty with the intention of placing that depiction in interstate or … Continue Reading
The two-year spectacle known as the Texas Legislative session came to an end with the passage of a journalist shield law (already signed by the Governor) and an online harassment law.
The shield law was passed weeks ago and signed by the governor to become effective immediately. My prior post, including the text of the … Continue Reading
The Texas Shield Law was signed yesterday by the Governor and became law upon his signature. As mentioned in several prior posts (available here), the law is the result of a compromise between media interests and law enforcement that includes a narrow definition of journalists entitled to the protection. Specifically, the law defines journalist as:
“Journalist” means … Continue Reading
The Texas Shield Law Bill made it out of committee this week. HB 670 is being sent to the House without any amendments. I discussed the bill and provided the bill in its entirety here and here in earlier posts. Although some protection for journalists is better than none, it appears it will not apply to … Continue Reading
My column began its run in Visibility Magazine, a quarterly internet marketing publication. The first one addresses trademark law issues related to pay-per-click programs and meta tags. You can link to the online version of the magazine here.
If you are a Visibility reader and have an issue you would like discussed in a future column, … Continue Reading