SOCIAL SOCIAL NETWORKINGNETWORKING

The Legal The Legal PerspectivePerspective

Lawrence M. MillerLawrence M. MillerSchwartz, Woods & MillerSchwartz, Woods & Miller

POSTING THIRD PARTY POSTING THIRD PARTY CONTENTCONTENT

COPYRIGHTCOPYRIGHT

No special rules for the InternetNo special rules for the Internet No special rules for social No special rules for social

networking sitesnetworking sites You likely have promotion rights that You likely have promotion rights that

apply to YouTube and the likeapply to YouTube and the like Cut and paste, frame, linkCut and paste, frame, link

Schwartz, Woods & MillerSchwartz, Woods & Miller

POSTING THIRD PARTY POSTING THIRD PARTY CONTENTCONTENT

COPYRIGHTCOPYRIGHT Crawling and image and sound clip Crawling and image and sound clip

recognition softwarerecognition software Liability and damagesLiability and damages

Digital Millennium Copyright Act §512(c)Digital Millennium Copyright Act §512(c) Communications Decency Act, §230Communications Decency Act, §230

Infringement notificationInfringement notification YouTube verification toolYouTube verification tool

Schwartz, Woods Schwartz, Woods & Miller& Miller

POSTING THIRD PARTY POSTING THIRD PARTY CONTENTCONTENT

TERMS OF USETERMS OF USE User typically held responsible for all contentUser typically held responsible for all content Use by children under 13 requires special Use by children under 13 requires special

safeguards, but the requirement applies only safeguards, but the requirement applies only to commercial sitesto commercial sites

YouTube uprising over removal of term of use YouTube uprising over removal of term of use that stated that the license granted by users that stated that the license granted by users expired upon removal of content by userexpired upon removal of content by user

If you are not just a casual user, review the If you are not just a casual user, review the Terms of Use before participatingTerms of Use before participating

Schwartz, Woods & MillerSchwartz, Woods & Miller

POSTING THIRD PARTY POSTING THIRD PARTY CONTENTCONTENT

TERMS OF USETERMS OF USE Grants of rights to site owners vary widely, Grants of rights to site owners vary widely, e.g.e.g.,,

LinkedIn claims for all submitted content the “nonexclusive, LinkedIn claims for all submitted content the “nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right … to copy, sublicenseable, fully paid up and royalty free right … to copy, prepare derivate works of, improve, distribute, publish, prepare derivate works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way remove, retain, add, and use and commercialize, in any way now known or in the future discovered … without any further now known or in the future discovered … without any further consent, notice and/or compensation to you or to any third consent, notice and/or compensation to you or to any third parties.”parties.”

Twitter “claims no intellectual property rights over the Twitter “claims no intellectual property rights over the material [users] provide” and states that a user “can remove material [users] provide” and states that a user “can remove [the] profile at any time by deleting [the] account”, which [the] profile at any time by deleting [the] account”, which “will also remove any text and images stored in the system.”“will also remove any text and images stored in the system.”

Schwartz, Woods & Schwartz, Woods & MillerMiller

POSTING THIRD PARTY POSTING THIRD PARTY CONTENTCONTENT

DEFAMATIONDEFAMATION

Think twice, ‘tweet’ once posting is foreverThink twice, ‘tweet’ once posting is forever There is an interesting legal debate over There is an interesting legal debate over

uncloaking anonymous posters, but a uncloaking anonymous posters, but a Facebook poster is likely disclosing his or her Facebook poster is likely disclosing his or her namename

No difference in treatment of online and No difference in treatment of online and offline defamation claimsoffline defamation claims

Other torts and crimes, such as infliction of Other torts and crimes, such as infliction of emotional distress (Missouri teenager emotional distress (Missouri teenager cyberbullying case) or interference with cyberbullying case) or interference with prospective economic advantageprospective economic advantage

Schwartz, Woods & MillerSchwartz, Woods & Miller