IPR,Copyrights & Content Ownership in Social Media

© LawQuest 2011. All Rights are Reserved.

Social Media and IP

by Poorvi Chothani, Esq. LawQuest

www.lawquestinternational.com

September 3, 2011


Areas of concern

• Ownership

• Copyright

• Trademarks

• Defamation


Copyright

• What is copyright? – monopolistic right of use and ownership against the rest of the world in an artistic or literary work.

• The content creator is the owner of the posts if the content is “original.”


Can you Facebook status or a Tweet merit copyright protection?

Depends.

Single versus a compilation.


Twitter grants ownership to content creator but automatically obtains a license for unlimited reuse of the Tweets.


Copyright Violations

• Twitter and copyright violations.

• Facebook has tools to help protect your copyrights and has a similar policy as Twitter for violations.


Intellectual Property Rights And Employers

• Copyright Law

• Contracts


Social Media and Trademarks

• Infringement

• Impersonation

• Parody

• Name Squatting


Defamation

• A false published statement that causes harm or defamation per se

• Examples of Defamatory Statements on Social Media:– Landlord suing tenant for making negative comments about the

rented premises– Hotel guest making negative comments about the quality of hotel

rooms and bugs– Vodafone user’s case

• What about endorsements?


LawQuest’s Areas of Practice • Commercial Transactions and Business Law • Real Estate Law• Data Protection and Privacy Law• Wills and Trusts • Intellectual Property Law • Security and Banking Law• Global Immigration Law - India, US and UK• Legal Services for the Financial Sector

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IPR,Copyrights & Content Ownership in Social Media