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Defamatory Content and IP Infringement on Social Media

Defamatory Content Prohibited in Consequences for Posting Defamatory Steps for Reporting Defamatory or Protection for Intellectual Terms of Service? or Other Prohibited Content Other Prohibited Content (“IP”) Rights? Steps for Reporting IP Violations Not specifically. Bullying and Facebook may take various actions For people that have an account, he or The Statement of Rights and Facebook provides separate pages dedicated to providing information harassment, hate speech, and credible based on the severity of a violation. she should click on the “Report” link Responsibilities prohibits posting about and reporting and trademark violations. Both types are threats prohibited against private Consequences include a warning for that appears near the content and content that infringes or violates reported through a common step by step form. Pursuant to the Digital individuals by Facebook Community first violation, restricted ability to post, follow onscreen instructions someone else’s IP rights. Millennium Copyright Acti (“DMCA”) Facebook provides contact Standards. Credible threats and hate or terminated membership. If someone does not have an account information for its Designated Agent in the Copyright FAQs: speech directed at public figures are or cannot see the content he or she Facebook, Inc. also prohibited. should gather as much information Attn: Facebook Designated Agent about the content as possible, and fill 1601 Willow Road out an online form. Menlo Park, California 94025 650.543.4800 (phone) 650.560.6293 (fax) [email protected] Not specifically. Threats or promotion Twitter may suspend or terminate the Anyone can report a violation through Under the Terms of Service, Twitter To report a violation of copyrighted content, Twitter requires the of violence against others is prohibited account for Terms of Service Twitter’s online forms. responds to notices of alleged statutorily required notice to Twitter’s Designated Copyright Agent for by the Terms of Service. Unlawful use violations. copyright infringement “that comply notice of alleged copyright infringement appearing on the Services: is prohibited. “Targeted and with applicable .” Additionally, Twitter, Inc. harassment” is prohibited. Twitter reserves the right to reclaim Attn: Copyright Agent Additionally, international users must usernames on behalf of businesses or comply with local . individuals that hold legal claim or 1355 Market Street, Ste 900 trademark on those usernames. San Francisco, CA 94103 Reports: https://support.twitter.com/forms/dmca Email: [email protected]

Pillsbury Winthrop Shaw Pittman LLP pillsburylaw.com | 1 Defamatory Content Prohibited in Consequences for Posting Defamatory Steps for Reporting Defamatory or Protection for Terms of Service? or Other Prohibited Content Other Prohibited Content (“IP”) Rights? Steps for Reporting IP Violations LinkedIn Not specifically. Harassment and LinkedIn may restrict, suspend or “Safety Concerns and Harassment” The User Agreement requires that LinkedIn’s Copyright Policy pursuant to the requirements of the DMCA. abuse, and libelous, abusive, obscene, terminate the account of any user can be reported through this online information posted by members “not Copyright violations can be reported with an online form or by mail at: discriminatory or otherwise violating the User Agreement. form. The steps to report other [be] in violation of the intellectual LinkedIn Corporation objectionable content are prohibited prohibited content are unclear. property rights or other rights of third ATTN: Copyright Agent under LinkedIn’s “DOs and DON’Ts,” parties.” which are part of the User Agreement. Legal Department 2029 Stierlin Mountain View, CA 94043 LinkedIn has a separate form. YouTube Not specifically. Community YouTube will remove the videos it Users can flag content that they feel The Terms of Service prohibit YouTube provides a page for submitting a copyright takedown notice. Guidelines restrict hateful content, determines violate the Guidelines may violate the guidelines. A copyright infringement under the Alternatively, users may direct copyright infringement notifications to threats, harassment, intimidation, YouTube may permanently ban a user “Report” link is provided at the bottom DMCA. the Designated Agent at: invading privacy, revealing other from the site for serious or repeated of every post under the “More” 901 Cherry Ave., people’s personal information, and Guidelines violations. Once an button. San Bruno, CA 94066, inciting others to violate its Terms of account is terminated, that account Use. holder will not be allowed to create email: copyright@.com, any new accounts. fax: 650-872-8513 Although YouTube does not specifically reference trademark infringement in its policies, clicking the link to submit a copyright complaint gives the user an option to select trademark infringement as an issue to report. Flickr The Yahoo Services Terms of Service Flickr will send users a warning or Photos may be flagged or marked for Fickr’s Community Guidelines prohibit Users should go to Yahoo’s Copyright and Intellectual Property Policy prohibit defamatory Content. delete their account. review in the “Additional Info” section copyright infringement. The Yahoo page to report copyright and trademark violations or submit a notice to Additionally, Flickr Community of an open image. Members may be Terms of Services also prohibit the Copyright Agent or Intellectual Property Agent: Guidelines instruct users not to reported for abuse by clicking the link uploading content owned by others. c/o Yahoo! Inc. harass, abuse, spam, impersonate, or at the bottom of the member’s page. 701 First Avenue intimidate others. Sunnyvale, CA 94089 Copyright Phone: (408) 349-5080 Copyright Fax: (408) 349-7821 Copyright Email: [email protected] Trademark Fax: (408) 349-7821 Trademark Email: trademarkcomplaints@cc. yahoo-inc.com (no Trademark phone number listed)

Pillsbury Winthrop Shaw Pittman LLP pillsburylaw.com | 2 Defamatory Content Prohibited in Consequences for Posting Defamatory Steps for Reporting Defamatory or Protection for Intellectual Property Terms of Service? or Other Prohibited Content Other Prohibited Content (“IP”) Rights? Steps for Reporting IP Violations eBay The User Agreement restricts users eBay may limit, suspend, or terminate Sellers can report a buyer trying to As discussed in the User Agreement, eBay provides a reporting form for any type of IP rights violation through from posting false, inaccurate, the user’s account, remove hosted damage their feedback score and eBay’s Verified Rights Owner (“VeRO”) its VeRO program page. Users may also submit a copyright claim as a misleading, defamatory, or libelous content, remove statuses associated seller ratings with an online form. program is intended to ensure that DMCA notification to eBay’s Designated Agent: content. Additionally, eBay prohibits with the account, remove or demote Feedback extortion can be reported listed items do not infringe on others’ 583 W. eBay Way IP rights. “Feedback Extortion,” and “Feedback listings, or take technical or legal with separate forms for buyers and Draper, UT 84020 Manipulation.” steps to prevent offenders from using sellers. Other reports can be made by Phone: (866) 322-9106 its services. clicking “Report Item” on the right side of a listing’s page. Fax: (801) 757-9521 Email: [email protected] Pinterest Not specifically. The Acceptable Use Pinterest will remove the post, restrict Click the Pin’s flag icon at the bottom The Terms of Service indicate that Report Copyright and Trademark violations through online forms. Policy prohibits posts that attack, the user’s account, or disable the and click the appropriate report type. Pinterest has adopted and Copyright violations can also be reported to the Designated Agent: bully, or harass nonpublic people. The user’s account if a post goes against Reporting a comment requires similar implemented its Copyright Policy in Pinterest Copyright Agent Policy also prohibits hate speech and the Terms of Service or Acceptable steps. Accordance with the DMCA. Pinterest 808 Brannan St. posts that include others’ personal Use Policy. has a separate trademark policy that San Francisco, CA 94103-4904 information. prohibits violating others’ trademarks with Pin Board names, usernames, or T: (650) 308 4604 other content. F: (415) 762 7100 Email: [email protected] Trademark violations can also be reported to [email protected] Instagram The Terms of Use prohibit a user from Instagram may remove the post or To report a post, a user should select Instagram’s Terms of Use prohibits Instagram provides information pages for reporting Copyright and defaming, stalking, bullying, abusing, terminate the offender’s account as it the ellipsis icon below the post, and using the service to infringe on Trademark violations. Both types can be reported through an online harassing, threatening, impersonating deems necessary. then select “Report Inappropriate.” To copyright, trademark, and other IP form. Copyright violations can also be reported to the Designated or intimidating people or entities and report a comment, a user should rights of others. Agent: prohibit posting private or confidential select the comment icon below a post, Copyright Agent, c/o Instagram information via the service. then select or swipe left on the 1601 Willow Road comment to be reported, and then Menlo Park, CA 94025 select “Report Abuse.” Email: [email protected] Phone: (650) 384-2250 Fax: (650) 384-2253

Google+ Not specifically. The User Content Google+ will remove the content it To report a post, a user can find a Google+’s Terms of Service do not Google provides a Legal Troubleshooter page for removing content from and Conduct Policy prohibits hate deems violates its Policy or Terms of “Report Post” link in the drop down address IP infringement. However, the Google products, including Google+, YouTube, and Blogger/Blogspot. speech, distribution of others’ Use. If the violation is severe enough, menu on each post. To report a Google Terms of Service, which are The Legal Troubleshooter uses a series of questions to ensure the user personal or confidential information, Google may ban the user from its comment, a user can click or tap on also incorporated, explicitly provide is submitting a valid claim. Ultimately, the user must sign into his or harassment, bullying, and threats. services. the offending comment and select for copyright protection under the her Google account to submit a complaint using the form. Contact “Report Comment.” DMCA. Trademark protection is not information for a Google or Google+ Designated Agent does not appear explicitly mentioned. Google’s to be otherwise available online. There is no apparent way to Advertising Policies do, however, separately report a trademark violations associated with Google+. provide for Trademark protection.

Pillsbury Winthrop Shaw Pittman LLP pillsburylaw.com | 3 Defamatory Content Prohibited in Consequences for Posting Defamatory Steps for Reporting Defamatory or Protection for Intellectual Property Terms of Service? or Other Prohibited Content Other Prohibited Content (“IP”) Rights? Steps for Reporting IP Violations Snapchat The Terms of Service prohibit Snapchat may review or delete can be reported with an online The Terms of Service prohibit violation Snapchat complies with the DMCA and provides an online form for reporting and additionally, prohibit content that violates the Terms. It form. Parents and legal guardians of others’ copyright, trademark, and copyright infringement. Alternatively, a notice may be filed with the Designated bullying, harassment, and intimidation. may also suspend the account or may report on behalf of a minor. other intellectual property rights. The Agent: prohibit the offending user from using Terms contain an additional Snapchat, Inc. Snapchat in the future. “Respecting Copyright” section, Attn: Copyright Agent setting out the requirements of the DMCA. 63 Market Street Venice, CA 90291 email: [email protected] It’s unclear if there is a way to report a trademark or other IP right violation. Yelp The Terms of Service prohibit Yelp may close or restrict the Each Yelp review post has a flag icon The Terms of Service prohibit violating Report copyright and trademark violations using this form . Yelp also accepts defamatory reviews. offenders account, or ban the user in the lower right corner. A user can any third party’s rights, including notices of infringement of copyright and trademark rights to its Designated Agent: from the site altogether. click the flag icon to report a review. copyright, trademark, patent, and Yelp Inc. Photos and videos can be similarly trade secret rights. Yelp’s separate Attn: Copyright Agent reported by clicking the flag icon that Infringement Policies additionally 140 New Montgomery, 9th Floor appears on each photo or video. prohibit copyright and trademark San Francisco, CA 94105 infringement. T: (415) 908-3801 F: (415) 908-3833 Tumblr Not specifically. The Community Tumblr will remove anything it Malicious speech can be reported A section of the Terms of Service is Tumblr’s Community Guidelines provide links to online forms for reporting Guidelines Prohibit “malicious determines is “overtly malicious.” with an online form. dedicated to the DMCA Copyright trademark and copyright infringement. Tumblr provides a separate form for speech,” which seems similar to hate Policy. The Community Guidelines submitting DMCA Copyright Notifications. Alternatively, the required speech. However, Tumblr encourages additionally prohibit copyright and information may be submitted to Tumbr’s Designated Agent: combatting “negative speech through trademark infringement. Tumblr, Inc. argument rather than censorship.” 35 East 21st St, Ground Floor New York, NY 10010 Attn: Copyright Agent Fax: +1 (646) 513-4321 Email: [email protected] form: http://www.tumblr.com/dmca

Meetup The Terms of Service Prohibit posting If it determines the Terms have been Violations can be reported by mail or The Terms of Service lists patent, Meetup provides contact information for its “Agent for Notice” for reporting defamatory content. violated, Meetup will immediately email to the Secretary of Meetup: trademark, trade secret, and copyright copyright or other IP infringement: remove, suspend, or terminate the Postal Address: infringement as well as rights of Copyright Agent offender’s account. Meetup Inc. publicity violations as grounds for 632 Broadway, 10th Floor 632 Broadway, 10th Floor removal, sanction, or suspension. The New York, NY 10012 New York, NY 10012 Terms further outline prohibitions on T: 212-255-7327 Email: [email protected] trademark and copyright infringement F: 212-255-7310 in a separate section. Email: [email protected]

Pillsbury Winthrop Shaw Pittman LLP pillsburylaw.com | 4 Defamatory Content Prohibited in Consequences for Posting Defamatory Steps for Reporting Defamatory or Protection for Intellectual Property Terms of Service? or Other Prohibited Content Other Prohibited Content (“IP”) Rights? Steps for Reporting IP Violations Blogger Not specifically. The Content Policy Blogger reviews user flags and may Most contain a “Report Abuse” Copyright Infringement is prohibited Blogger sends users to the same Legal Troubleshooter page provided prohibits hate speech, harassment, take one of the following actions: link at the top of each under the under Blogger’s Content Policy. The for various Google products as mentioned above. Blogger does not and bullying. • Put the blog behind an interstitial “More” dropdown. If the blog owner Content Policy links to the Google provide any additional reporting methods. where only the blog author can has hidden that link, readers may still Legal Help page for additional access the content report a blog through the Help Center. information on reporting copyright • Delete the offending content, blog infringement. post or blog; • Disable the author's access to his/her Blogger account; • Disable the author's access to his/her Google account; • Report the user to law enforcement. Whisper The Terms prohibit discriminatory, According to the Community Guidelines, Violations of the Terms and Guidelines The Guidelines prohibit posting pictures Copyright violations can be reported to Whispers Designated Agent : defamatory, hateful, harassing, abusive, Whisper will remove content or suspend should be reported to Whisper’s Support that users “don’t have the rights to.” Michael Heyward obscene, threatening, physically the account of those violating the Team. From the app, users should tap the Address: 69 Windward Ave, Venice, CA 90291 dangerous, or otherwise objectionable Guidelines. silhouette on the bottom toolbar to get to Telephone No.: (310) 450-9922 conduct. The Community Guidelines “My Account.” Next, users tap the gear Fax No.: (310) 421-9200 additionally advise “Don't be Mean, Don't icon in the upper right corner to access E-Mail Address: [email protected] be Gross, and Don't Use Whisper to Break Settings. Then, users should scroll to the It is unclear how to report other types of IP rights violations. the Law.” bottom and select “Email Support”

i 17 U.S.C. § 512(c)(3) provides: (A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Under the statute, all of the sites listed herein require this information at least for copyright violation reporting to the Designated Agent. Many service providers will not take any action on a complaint unless all the above information is provided. *Policies addressing defamatory content and IP infringement may be frequently modified by the respective social media platforms. The content in this document is based on policies in effect as of January 2016.

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