chapter  4
24 Pages

Intellectual Property

ByKathleen K. Olson

ABSTRACT The collaborative nature of social media challenges traditional notions of ownership of content online. This chapter summarizes the law of copyright, “hot news,” trademark and publicity rights as applied to social media and discusses current case law and legislative proposals. Copyright issues include fair use, linking and embedding video, Creative Commons licenses, liability for infringement by others and the “safe harbor” provisions of the Digital Millennium Copyright Act. The application of the hot news doctrine and trademark law to social media is examined, including liability for news aggregators and fake corporate and celebrity Twitter accounts.