Copyright Protections for Blogs, Online Posts, and Social Media: Strategies for takedowns, litigation, and avoiding infringement.

Joel Tragesser | Partner
Katelin Drass | Associate
Laura Kees | Partner
Joel Tragesser | Partner | Quarles & Brady LLP
Katelin Drass | Associate | Quarles & Brady LLP
Laura Kees | Partner | Womble Bond Dickinson LLP

On-Demand: January 28, 2021

Copyright Protections for Blogs, Online Posts, and Social Media: Strategies for takedowns, litigation, and avoiding infringement.
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Program Summary

With more of the world going virtual during the pandemic, sharing online posts and media is joining online shopping as the new norm.  This CLE course provides an overview of various copyright and publicity issuesoverview of various copyright protections available, strategies for addressing copyright takedowns and litigation, tips and tools to combat online counterfeits, and an overview of right of publicity issues online. 

The second hour of the CLE continues the discussion of the intersection of copyright law and social media, focusing on best practices for the protection of social media content as well general guidelines to avoid posting infringing works. As social media tends to cross national borders, this course will also provide a brief discussion of international copyright laws. 

Key topics to be discussed:

First Hour

  • Benefits of copyright registration and an overview of registration options, including the new Group Copyright Registration Option for Short Online Literary Work.
  • Strategies for addressing copyright takedowns and litigation.
  • Tips and tools for sellers to combat online counterfeits
  • An overview of right of publicity issues online

Second Hour

  • Reasons for obtaining copyright protection – discussion of Fourth Estate
  • Guidelines for avoiding infringement of third-party content
  • Tips and tools for sellers to combat online counterfeits
  • International copyright laws 

Date / Time: January 28, 2021

  • 2:00 pm - 4:00 pm Eastern
  • 1:00 pm - 3:00 pm Central
  • 12:00 pm - 2:00 pm Mountain
  • 11:00 am - 1:00 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 Business days after the original recording date and are view-able for up to one year.
Closed-captioning available upon request

Speakers

Joel Tragesser_Partner_Quarles & Brady LLP_myLawCLEJoel Tragesser | Partner | Quarles & Brady LLP

Mr. Tragesser is a member of the Intellectual Property Practice Group and the Corporate Venturing Team. He practices in the areas of trademark law and brand management, intellectual property licensing, and business & intellectual property litigation.

Katelin Drass_Associate_Quarles & Brady LLP_mLawCLEKatelin Drass | Associate | Quarles & Brady LLP

Ms. Drass is a member of the Intellectual Property Practice Group. She focuses her practice on general intellectual property matters including trademarks, copyright, advertising, brand management, and intellectual property litigation.

Laura Kees_Partner_Womble Bond Dickinson LLP_myLawCLELaura Kees | Partner | Womble Bond Dickinson LLP

Ms. Kees is a member of the Trademark & Copyright Group. She received a specialization in Intellectual Property in law school and has advised trademark and copyright clients for more than 15 years. She is ranked in the Best Lawyers in America 2021 rankings for copyright law.

Agenda

I. Overview | 2:00-2:12

II. Copyright Protections Available for Online Content Makers | 2:12-2:24

a. Overview of Copyright Law

i. What is copyrightable content online?

1. Publication issues

ii. Benefits of copyright registration

b. Registration Options

i. New Group Registration Option for Short Online Literary Works
ii. Photographs and other content

III. Copyright Enforcement | 2:24-2:36

a. Copyright takedown strategies and the DMCA
b. Litigation options
c. Fair Use Considerations
d. Best Practices in Copyright

IV. Tips and Tools for Sellers to Combat Online Counterfeits | 2:36-2:48

a. Monitoring Online Platforms and Documenting Counterfeits
b. Online Intellectual Property Infringement Reports
c. Amazon Brand Registry
d. eBay Verified Rights Owner (VeRO) program
e. United States Customs and Border Protection
f. Locating Seller Information for a Cease & Desist Letter

V. Right of Publicity Issues Online | 2:48-3:00

a. What is the right of publicity?
b. First Amendment Considerations
c. Balancing of creative expression and violation of privacy rights
d. Avoiding Right of Publicity Claims

VI. Reasons for obtaining copyright protection | 3:00-3:20

a. Discussion of Fourth Estate
b. Damages: 17 U.S.C. §504

i. Actual
ii. Statutory

c. Length of protection

VII. Guidelines for avoiding infringement of third-party content | 3:20-3:45

a. Misconceptions
b. Requests for Permission
c. Creative Commons

VII. International Copyright Laws | 3:45-4:00

a. Background
b. Berne Convention and other agreements