Internet & Social Media Defamatory Content and IP Infringement on Social Media 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 Facebook 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 copyright 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] Twitter 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 abuse and with applicable law.” 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 laws. 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 Intellectual Property 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 Court Mountain View, CA 94043 LinkedIn has a separate trademark infringement 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: [email protected], 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