SOCIAL NETWORKING The Legal Perspective Lawrence M. Miller Schwartz, Woods & Miller

POSTING THIRD PARTY CONTENT COPYRIGHT No special rules for the Internet No special rules for the Internet No special rules for social networking sites No special rules for social networking sites You likely have promotion rights that apply to YouTube and the like You likely have promotion rights that apply to YouTube and the like Cut and paste, frame, link Cut and paste, frame, link Schwartz, Woods & Miller

POSTING THIRD PARTY CONTENT COPYRIGHT Crawling and image and sound clip recognition software Crawling and image and sound clip recognition software Liability and damages Liability and damages Digital Millennium Copyright Act §512(c) Digital Millennium Copyright Act §512(c) Communications Decency Act, §230 Communications Decency Act, §230 Infringement notification Infringement notification YouTube verification tool YouTube verification tool Schwartz, Woods & Miller

POSTING THIRD PARTY CONTENT TERMS OF USE User typically held responsible for all content User typically held responsible for all content Use by children under 13 requires special safeguards, but the requirement applies only to commercial sites Use by children under 13 requires special safeguards, but the requirement applies only to commercial sites YouTube uprising over removal of term of use that stated that the license granted by users expired upon removal of content by user YouTube uprising over removal of term of use that stated that the license granted by users expired upon removal of content by user If you are not just a casual user, review the Terms of Use before participating If you are not just a casual user, review the Terms of Use before participating Schwartz, Woods & Miller

POSTING THIRD PARTY CONTENT TERMS OF USE Grants of rights to site owners vary widely, e.g., Grants of rights to site owners vary widely, e.g., LinkedIn claims for all submitted content the “nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right … to copy, prepare derivate works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered … without any further consent, notice and/or compensation to you or to any third parties.” LinkedIn claims for all submitted content the “nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right … to copy, prepare derivate works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered … without any further consent, notice and/or compensation to you or to any third parties.” Twitter “claims no intellectual property rights over the material [users] provide” and states that a user “can remove [the] profile at any time by deleting [the] account”, which “will also remove any text and images stored in the system.” Twitter “claims no intellectual property rights over the material [users] provide” and states that a user “can remove [the] profile at any time by deleting [the] account”, which “will also remove any text and images stored in the system.” Schwartz, Woods & Miller

POSTING THIRD PARTY CONTENT DEFAMATION Think twice, ‘tweet’ once ­ posting is forever Think twice, ‘tweet’ once ­ posting is forever There is an interesting legal debate over uncloaking anonymous posters, but a Facebook poster is likely disclosing his or her name There is an interesting legal debate over uncloaking anonymous posters, but a Facebook poster is likely disclosing his or her name No difference in treatment of online and offline defamation claims No difference in treatment of online and offline defamation claims Other torts and crimes, such as infliction of emotional distress (Missouri teenager cyberbullying case) or interference with prospective economic advantage Other torts and crimes, such as infliction of emotional distress (Missouri teenager cyberbullying case) or interference with prospective economic advantage Schwartz, Woods & Miller