Saturday, December 14, 2019

All About Face...And Image

This last week, the theme has been legal reversals (about face), about amusing, face-changing apps that come embedded with hidden dangers, a new trick by Facebook to "protect" users from inappropriate (age-inappropriate) paid advertising, and rampant, willful exploitation of artists' creative works.

Blogging for law firm Frankfurt Kurnit Klein & Selz PC, beauty and dispute resolution expert Jordyn Eisenpress discusses the new policy from Facebook-owned Instagram that new users must reveal their birthdays. Apparently, they will scrape linked Facebook accounts for "old" users to auto-add any birthday info that has been provided to Facebook.

Lexology link

Advertising Law link

My advice, be like the monarch of England. Have your real birthday, and a public birthday... and if a banker or stock broker or credit card customer service representative asks for your birthday, ask them to ask something else that only you would know.

Do you know where FaceApp comes from?  Can you live without it?
Allegedly, it comes from Russia. Love that!

Linn Foster Freedman, blogging for Robinson & Cole LLP warns that the FBI considers FaceApp a counterintelligence threat, and suggests that her readers improve their app hygiene. It's good advice!

For Manatt Phelps Phillips LLP, legal blogger Po Yi  asks whether Pinterest encourages, initiates and facilitates copyright infringement, and discusses why a recent copyright infringement lawsuit against Pinterest
questions the Pinterest business model.

In my opinion, as a Pinterest user, it would be very easy for Pinterest to add to the uploading process a pop up disclaimer where the user cannot complete the upload until they have affirmatively asserted under penalty of perjury that they own the rights to the image and are able to produce documentary proof if randomly audited by Pinterest.

Jeffrey D. Neuberger of Proskauer Rose LLP blogs about an expensive legal reversal in the case of copyright infringement by Zazzle, another company that has insufficient safeguards against immoral or ignorant users who upload other peoples copyrighted images or text for the purpose of commissioning Zazzle to create physical items displaying those images or words.

If you use Zazzle, know your rights, responsibilities and potential liabilities... but there are probably myriad authors who would love a quote (with proper attribution) from one of their novels printed across the front of a Zazzle T-shirt. Just ask.

For those who know their limitations when it comes to a knowledge of copyright infringement and the law, this is a very good guide (if you can access Lexology.)

All the best,

Rowena Cherry 

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