Sunday, September 19, 2021

No Trivial Matter

"No Trivial Matter" might be an example of litotes. When one aggrieved party takes the time, trouble, and expense to go before a judge, it cannot be trivial to them, can it?

A slur could be Tweet-length, and yet be profound in its impact. A photographer's copyright could be infringed unseen, and not be legally "De Minimus".

We'll start with the short form slurs (my own characterization, chosen for the sibilance... and to digress, one online dictionary defines "sibilance" as "having a sibilant quality" !) 


From an influencer with a self-alleged botched bottom, to a rural parking dispute (and much more) legal bloggers Emily Cox and Paloma Kotecha  representing the UK law firm of Stewarts LLP tell a series of defamation-related stories:

The Rise And Rise Of Defamation On Social Media.

Lexology Link
Original Link


Defamation on Facebook seems to be a hot topic Down Under, with indications that media companies with pages on Facebook might be held as liable as any publisher, as far as Australian law goes, for defamatory content posted by Facebook users on the media's pages.

Christine Wong and Greta Ulbrick of Herbert Smith Freehills LLP explain the latest thinking on defamation law for the digital age:

Lexology Link:
Original Link:

The media allegedly tried to claim a defense of innocent dissemination.

All bloggers and writers and publishers should take note and beware of "innocent dissemination". Moderating comments would be a good start.

Apropos of nothing...except perhaps running your own small business website, possibly as an author, the Eastern District of New York has recently held that stand-alone websites (not linked to your own bricks-and-mortar bookshop, for instance) are not subject to the Americans With Disabilities Act.

If that was a concern for any of our dear readers, find out more from an Advertising Law blog article by Caren Decter for Frankfurt Kurnit Klein and Selz PC.

Original Link:


Finally. for the law firm Weil Gotshal & Manges LLP (which I am delighted to get my tongue around), legal bloggers Benjamin E. Marks and Michael Goodyear ask "Is There a De Minimus Defense For Trivial Use of Concededly Infringing Material...?"

Can't you just picture Dirty Harry asking that question?  Seriously, the well reasoned answer might surprise at first reading.

Lexology link:
Original link:

There's a lot to unpack in the case (pardon the pun), but when it comes to copyright, if you copy the entire work, you cannot claim a De Minimus defense. The.pdf version is especially well done and easy reading.  And, if you happen to have lost track of the photos on your long-abandoned Facebook pages, you might not be in the clear if any belong to another copyright holder.

All the best,

Rowena Cherry 


1 comment:

  1. Moderating comments? Oh, man, I think most website/blog owners, etc. never signed on for that! I have a lot to learn about all this...