Pryor Cashman Partner Donald S. Zakarin, co-chair of the Litigation Group and a member of the Intellectual Property, Media + Entertainment, and Digital Media Groups, and Litigation Associate Nicholas Saady co-authored a column for the Westlaw Intellectual Property Journal about copyright issues for brands, influencers, and rights holders arising from the use of social media.

Don and Nick write:

Brands and creators should be aware of that incorporating music and other IP into content implicates copyright laws when that content is used for commercial purposes. Copyright owners also need to be cognizant of the need to monitor the use of, and enforce their rights in, copyrighted material on social media.

The article outlines several areas of focus for both brands and creators, including the boundaries of copyright infringement, the importance and practicalities of obtaining licenses for content, and the critical considerations for drafting contracts associated with social media marketing.

Don and Nick conclude by emphasizing that being knowledgeable and cautious about the impact of copyright law on social media use allows all involved parties to “position themselves for smooth sailing amidst the contemporary social media storm — safeguarding their reputations and fostering the financial prosperity and longevity of their careers and businesses.”

Read the full article using the link above.