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Social Media Law

BananaIP Counsels > Social Media Law (Page 5)

Social Media and Intellectual Property (IP): Part V – Publicity Rights and Celebrity Rights

Social Media can make or break a personality. Most public figures from film stars like Amitabh Bachchan, Will Smith, Aishwarya Rai, etc., to political leaders like Narendra Modi, Barack Obama, etc., are very active on Social Media. While on one hand, Social Media enables celebrities gain popularity, on the other hand, a celebrity's activities on Social Media platforms makes it possible for extensive misuse and abuse of a celebrity's persona. Over the years, several instances of passing off, false endorsement, misappropriation and publicity rights violations on Social Media have been reported. Publicity Rights in India Unlike states like California in USA, India...

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Social Media and IP: Part IV – Taking Down Infringing Content

Taking down IP infringing content on Social Media platforms is today a well-established process. All Social Media platforms have DMCA take down mechanisms in place. In line with the law, they have specific email ids and forms to enable IP owners raise disputes and take down content. Terms and Conditions of Facebook, YouTube and Twitter have separate provisions dedicated to IP infringement and take down.   Facebook "5. Protecting Other People's Rights   We respect other people's rights, and expect you to do the same. You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise...

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Social Media and Intellectual Property (IP): Part III – Aggregation of Content

Tons of content is added to Social Media on a daily basis. It is estimated that more than 30 billion pieces of content are shared on Facebook each month; more than three hundred hours of video is uploaded to YouTube every minute; and more than six thousand tweets are added to Twitter every second. This can at the least be described as explosion of content creation and distribution. From the storm of content arises the need for aggregating, indexing and searching services. Aggregation of Content Aggregation of content is in general permitted if the aggregation and indexing is done for purposes of...

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Social Media and Intellectual Property (IP): Part II – Distribution and Dissemination of Content

Every post, comment, or tweet made on Social Media has the opportunity of reaching millions of users. In 2015, Facebook was estimated to have around 1.5 billion users; Twitter, around 316 Million active users; and YouTube, more than one billion users. Theoretically, content on these platforms can reach millions of users. However, only a very small percentage of posts actually go viral on Social Media. One article estimates that rate of virality is 1.92 percent on Facebook. Intellectual Property and Distribution Today is Diwali, and one of my friends informed me that she just picked a Diwali Greeting image and posted it...

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Social Media and Intellectual Property (IP): Part I- Protection and Ownership

Social Media comes with a bundle of tools that differentiate it from traditional print and electronic media. Among others, two unique elements of Social Media are: Tools for sharing and dissemination of content and information across the world; and tools to communicate and exchange information. These two elements make Social Media a much more powerful weapon than traditional media. Access to most social media platforms requires internet, of which there is no dearth in today's context. It is estimated that 3.2 billion people have access to internet as of 2015. Out of these 3.2 billion, 2 billion people access internet on...

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