In a recent article for Women's Wear Daily ("WWD"), Dyan Finguerra-DuCharme and Felicity Kohn explore the copyright perils that can arise from posting and embedding images and other content on social media channels.1
As they note in the article:
"This sense of unpredictability results, at least in part, from the uneasy coexistence of copyright law and social media. The sharing culture established by social media is in significant tension with the regime of property rights established by copyright law, which requires a valid license to copy, publish, or distribute content created by someone else."
They proceed to discuss recent litigations and implications of paparazzi who posted images to Instagram without authorization, as well as the legality of "embedding," a widely used technological feature that enables social media posts to be re-shared by other users across platforms.
To read the article in its entirety, please click here.
Footnote
1 A special thanks is given to Maya Katalan, a student at Columbia University and a summer associate at Pryor Cashman LLP who contributed to the article.
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