An overview of trademark, copyright, libel, defamation, FTC and other issues related to the use of social networking services such as MySpace, Facebook and twitter.

1. Intellectual Property Issues
in Social Networking
Gary A. Pierson

2. Three Questions:
• What is social networking?
• Why should I care?
• What are the IP issues?

3. What is social networking?
Social network services feature:
- communities of users organized
around interests, activities or
relationships
- ways to communicate, interact
and share information

4. What is social networking?
MySpace Facebook
Twitter LinkedIn
And many more. . .

5. MySpace
• Founded in 2003 and initially used primarily
by students
• Users create profile pages and groups of
friends; pages typically can be viewed by
the public
• Very popular in music and other creative
industries

6. Facebook
• Designed by and for college students,
opened to public in September of 2006
• Users create groups of “friends,” send
messages and update their personal profiles
• Also features “Networks” based around
geographic region, school, profession,
interests, etc.

7. twitter
• Launched in 2006
• Users create messages no longer than 140
characters and select which users to receive
messages from or “follow”
• “Tweets” can include links to distribute content
• Notable “twits” include Shaquille O’Neal, Ashton
Kutcher, Barack Obama, Sen. Claire McCaskill

8. LinkedIn
• Launched in 2003
• Allows users to maintain a list of
“connections” featuring the contact details
of people they know and trust in business
• A user’s “network” consists of second and
third-degree connections which facilitates
introductions through mutual, trusted
contacts

9. Why should I care?
– Facebook: 300 million users
– MySpace: 268 million users
– Twitter: 18 million users (active)
– LinkedIn: 48 million users

10. What are the IP issues?
• Trademark issue: Username abuse
-a.k.a twittersquatting, usersquatting,
brandsquatting, impersonation, etc.
- Estimated that over 90% of top 100
brands don’t own their twitter username
- Each service has procedures for
dealing with abuse

11. What are the IP issues?
• Trademark issue: enforcement?
-Do you need to police how users
are talking about your brand in tweets,
status updates, etc.?
-Does it matter if your brand has a
presence on the service?

12. What are the IP issues?
• Copyright issue: Who owns the content?
-Text of status updates, tweets, etc.
-Photos, video, articles posted or
distributed through one of the services

13. What are the IP issues?
• Libel/defamation suits:
-Simorangkir v. Love: fashion designer
sues musician after payment dispute turns
ugly and public
-Neiditch v. Acar : NY condo board sues
twitter, users and domain name registrar for
$190 million in damages

14. What are the IP issues?
• Who owns the friends, followers and
connections?
-Can an employer prevent an employee
from taking their social networks with them
when they leave?
-Important consideration for journalists,
authors and other content creators

15. What are the IP issues?
• FTC regulation?
-New guidelines require “clear and
conspicuous” disclosure when endorsers
have received products or compensation
-Specifically includes bloggers
-FTC stressed that they intend to
enforce primarily against the advertiser

16. Thank you!
Gary A. Pierson
Husch Blackwell Sanders
314-345-6236
gary.pierson@huschblackwell.com
www.huschblackwell.com
twitter: @gpierson