Intellectual Property Litigation

Copyright

Events

Platform Companies Beware! Section 230 of the Communications Decency Act Is Not Always There to Protect You

January 26, 2022 at 11:00am12:00pm (PDT)
Association of Corporate Counsel

Erik Olson and Nate Garhart will present the session "Platform Companies Beware! Section 230 of the Communications Decency Act Is Not Always There to Protect You" at the Association of Corporate Counsel's (ACC) Race to the Finish 2022 virtual conference on January 26.

Many are calling for Section 230 to be replaced or reformed, but for now, we have to deal with it. While it does have a reputation of protecting platform companies against lawsuits for most content that their users post on their platforms, it does not provide them with absolute immunity. If you’re a platform company, you likely know what kinds of legal claims Section 230 immunizes you against, and that you can probably quickly win on a motion to dismiss if those claims are brought against you. But there are certain claims – some defined by statute, others developed by the case law – that Section 230 does not shelter. This presentation focuses on those types of claims.

Register here for ACC's Race to the Finish Conference.

Firm Highlights

Publication

No Three-Year Bar on Copyright Damages (For Now): SCOTUS Issues Opinion in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al. , the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any...

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Publication

Will the Supreme Court Limit Copyright Damages? Implications of Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

The U.S. Supreme Court heard oral arguments in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al. (Case No. 22-1078) on February 21, 2024. On the surface, the case presents the opportunity...

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Publication

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools...

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Publication

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content...

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Publication

Thomson Reuters v. Ross Intelligence: AI Copyright Law and Fair Use on Trial

On Sept. 25, 2023, Judge Stephanos Bibas (sitting by designation in the District of Delaware), determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate...

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Publication

It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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Publication

7 Ways Companies and Content Creators Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content...

Read More
Publication

Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence...

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