Social media marketing and engagement is content driven. Brands needs high-quality, engaging content that customers and prospects want to share with each other. This content (photos, text, video, audio) is protected by traditional, black letter, legal schemes (e.g., copyright, trademark). Marketers must be really aware of things like tone and message and sort of the more subtle aspects of intellectual property rights, and more specifically, how the brand is portrayed and perceived. Understanding the copyright laws will help marketers understand how creative authorship is protected, what is not protected, what can be shared and how to enforce one's rights against unauthorized sharing.

1. COPYRIGHT ISSUES IN DIGITAL
& SOCIAL MEDIA
Presented by Da vid M. Adler, Esq.
Adler Law Group
www.adler-law.com
Adlerlaw.wordpress.com

2. Copyright Overview
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.com September 30, 2014 2

3.  Source: US Constitution
 Protects Creative expression:
· literary, dramatic, and musical works;
· pantomimes and dance;
· pictorial, graphic and sculptural works;
· audio-visual works; sound recordings; and
· architectural works.
 Fixation
· Protected Immediately (Registration not required)
· Tangible form includes the electronic medium
· Most items on the Internet are protectable: the text
of web pages, contents of email and Usenet
messages, sound files, graphics, etc.
September 30, 2014
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.
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Copyrights
©

4. Copyright Basics
What is NOT protectable?
· Ideas
· Facts
· Titles
· Names
· Short phrases/Blank forms
“Work Made For Hire?”
 Either:
prepared by an employee within the
scope of his or her employment, or
a work specially ordered or
commissioned by express written
agreement
 The employer is the author of a work
made for hire.
September 30, 2014

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

5. Copyright Basics
EXCLUSIVE RIGHTS GRANTED:
1. Reproduce phonorecords;
2. Prepare derivative works;
3. Distribute by sale rental, lease, or lending;
4. Publicly perform literary, musical, dramatic, and
choreographic works, pantomimes, and motion
pictures and other audiovisual works;
5. Publicly display literary, musical, dramatic, and
choreographic works, pantomimes, and motion
pictures and other audiovisual works; and
6. Publicly perform sound recordings, by digital
audio transmission.
September 30, 2014
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.
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

6. Copyright Basics
WHY REGISTER?
Necessary for enforcement.
Claim Statutory damages (no need to
prove Actual Damages)
ENFORCEMENT
 INFRINGEMENT (When your stuff is used
without your permission)
 DMCA – Take Down notices
 PLATFORM-SPECIFIC RULES
September 30, 2014
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.
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7. Copyright in Social Media
 Photographs
 Authorship? (Who owns the photo?)
 People in the background (Get waivers?)
 Trademarks in the background? (Get release?)
 Text & links
 Attribution
 Is it OK to post:
 On Twitter / Facebook / LinkedIn / Instagram
/Pinterest?
September 30, 2014
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.
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STOP!

8. Fair Use
 DEFENSE to a claim of Copyright Infringement
 HIGHLY fact and circumstances specific
 Four Factors (17 U.S.C. § 107)
 (1) The purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purposes;
 (2) The nature of the copyrighted work;
 (3) The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
 (4) The effect of the use upon the potential market for or
value of the copyrighted work.
September 30, 2014
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.
com
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9. Ownership & Management Tips
One thing I have learned: my clients
should have consulted me first!
Identify and document:
• Identify Copyright assets early
• Protect through registration and
contracts
• Use “Work-made-for-hire” Language
for employees, contractors
#$%&%$#!!
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.com September 30, 2014 9

10. Recent Cases of Note
“Monkey” Selfie: Generally one who takes photo owns the
copyright. Wikimedia Commons refused photographers Take-
Down request
“Oscar” Selfie: Bradley Cooper snapped the photo on behalf of
Ellen DeGeneres, Joint-Authorship?
independently copyrightable contribution & artistic
control
Intent of the parties to create a joint work.
“White House” Selfie: David Ortiz - Obama Ortiz, took photo
with Samsung device; had signed an endorsement deal with
Samsung the day admitted to being coached before event.
Legal Issues: authorship, joint ownership, and work-for-hire
issues
Contract Issues: waivers, releases, sponsorship and work-for-hire
agreements
September 30, 2014
Adler Law Group | Safeguarding Ideas Relationships & Talent® adler-law.
com
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11. Thank you
David M. Adler | Adler Law Group
Safeguarding Ideas, Relationships & Talent ®
300 Saunders Road, Suite 100
Riverwoods, Illinois 60015
Direct: (866) 734-2568
2014 Illinois Super Lawyer
David@adler-law,com
www.adler-law.com
Adlerlaw.wordpress.com
@adlerlaw
Ping Newsletter ®
September 30, 2014
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