Mastering Fair Use and IP Infringement in the Social Media Realm: A guide for attorneys

Carolyn Wimbly Martin
Carolyn Wimbly Martin | Lutzker & Lutzker LLP.

Carolyn Wimbly Martin is Senior Counsel at Lutzker & Lutzker, LLP in Washington, D.C. She has decades of experience as an attorney in private practice and as in-house counsel focusing on intellectual property, technology, privacy, Internet and social media, and related transactional work.

On-Demand: May 18, 2023

Mastering Fair Use and IP Infringement in the Social Media Realm: A guide for attorneys

$195.00 1.5 hour CLE

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Program Summary

Social media and the Internet raise both long-established and novel intellectual property issues for content providers and users. This course will cover how copyright, trademark, name, image and likeness and other proprietary rights inform best practices on social media platforms. Specifically, we will address how to secure, protect, and leverage ownership of existing and social media-only intellectual property, as well as implied consent and licensing, the fair use defense and strategies related to claims of infringement. The discussion will include examples and case law across categories of work, including music, photographs, images, and text as well as various scenarios addressing the nature of the use.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • The rise of social media and user-generated content and their intersection with intellectual property law
  • Best practices for content creators and users, including terms of use and copyright policies, linking and framing, personal, non-commercial use and attribution
  • Fair use, including transformative use
  • Offensive and defensive strategies to combat potential infringement, including the Digital Millennium Copyright Act (‘DMCA”), Internet Service Provider (“ISP”) “safe harbor” provisions and automated content filtering

Date: May 18, 2023

Closed-captioning available

Speakers

Carolyn Wimbly Martin_Lutzker & Lutzker LLP_FedBarCarolyn Wimbly Martin | Lutzker & Lutzker LLP

Carolyn Wimbly Martin is Senior Counsel at Lutzker & Lutzker, LLP in Washington, D.C. She has decades of experience as an attorney in private practice and as in-house counsel focusing on intellectual property, technology, privacy, Internet and social media, and related transactional work. Ms. Martin was also a corporate executive at Gannett Co., Inc., where she helped leverage the USA TODAY brand and introduced over 50 market-driven products. She subsequently co-founded a brand-building and intellectual property development consulting firm. She has been an Adjunct Professor of Intellectual Property, Media and Internet Law, and Intellectual Property Management and Strategic Planning for more than 30 years. Ms. Martin has served on boards of technology startups, educational institutions and nonprofits and has spoken internationally and authored numerous articles, primarily on the intersection of law and emerging technologies. For more details, see Carolyn Wimbly Martin Senior Counsel Lutzker & Lutzker Washington DC.

Agenda

I. The rise of social media and user-generated content and their intersection with intellectual property law | 12:00pm – 12:30pm

II. Best practices for content creators and users, including terms of use and copyright policies, linking and framing, personal, non-commercial use and attribution | 12:30pm – 1:00pm

Break | 1:00pm – 1:10pm

III. Fair use, including transformative use | 1:10pm – 1:25pm

IV. Offensive and defensive strategies to combat potential infringement, including the Digital Millennium Copyright Act (‘DMCA”), Internet Service Provider (“ISP”) “safe harbor” provisions and automated content filtering | 1:25pm – 1:40pm