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Copyright Law

Reframing the Pinterest Debate: Seeking Technological Solutions to Copyright Problems

March 21, 2012

The Wall Street Journal took notice of the growing concern over Pinterest’s policies in its blog and print editions last week. It cited to this author’s blog in its article “How to Use Pinterest without Breaking the Law.”

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Branding on Pinterest: How to Avoid Legal Liability

March 6, 2012

Last week, I suggested in my post that unless Pinterest addresses the legal issues inherent in its business model more responsibly, it cannot reach maturity as a social media website. I suspect that over time, we may see Pinterest evolve, but how can brands establish themselves on Pinterest in its current format with its existing terms and conditions? Below are some steps to take in developing a Pinterest branding strategy that minimizes legal risk.

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Pinterest’s Predicament: Legal Issues Prevent Social Media Maturity

February 28, 2012

Last week, Pinterest’s blog said that it was growing up.  The blog stated, “we…know that copyright is a complicated and nuanced issue and we have knowledgeable people who are providing lots of guidance.” It next offered an opt out system by which website owners could embed code to prevent their content from being pinned.

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Lessons from the FTC Settlement with Facebook

December 6, 2011

Facebook and the FTC have announced a settlement over charges that Facebook’s 2009 retroactive changes of users’ privacy settings constituted deceptive behavior. Much of the settlement is a rehash of what we already know, namely that Facebook was pursuing aggressively the erosion of privacy and that the FTC wants companies to implement comprehensive privacy programs that are flexible as new business practices emerge. The most interesting aspects of the settlement are as follows:

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A Menu of Intellectual Property Strategies–Restaurant Management

November 8, 2011

I co-authored an article with Jess Collen, partner in Collen IP’s Restaurant and Food Services Group, on ways restaurants can use intellectual property laws to further their business interests. This article first appeared in the September 28, 2011 edition of rmgmtmagazine.com.

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Tips for Package Designers: How to Use Copyright and Trademark Law to Control the Distribution of Goods

June 21, 2011

Marketers design product packaging with an eye toward shelf appeal, user-friendliness, and connecting with their target audience. Packaging can be used, however, for more than boosting sales. If designed properly, product packaging also may contain protectable elements under copyright or trademark law that could allow a brand to exclude grey market goods or goods manufactured and first sold abroad from entering the United States.

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