Social Media's New Intellectual Property Challenges

Sharing your photos online can be problematic—especially if you are hoping to retain your rights to credit and royalties. Photographer Daniel Morel learned this the hard way when his dramatic photos of the Haitian earthquake went viral—credited to someone else.

Find out more about intellectual property basics

Trustpilot star rating bar
social medias new intellectual property challenges

Contents

Updated on: March 21, 2023
Read time: 3 min

Social networking is a daily part of many Americans' lives. But as our online activities grow, so do concerns and challenges related to intellectual property protection on the Internet.

Imagine finding yourself in the aftermath of a natural disaster and being able to post photos of your surroundings to your page on Twitpic, a free service that allows photos to be posted and connected with your Twitter account. But then you realize your exclusive photos have spread online very quickly, and someone else seems to be taking credit for—and perhaps profiting from—your work.

That's exactly what happened to Daniel Morel, a photographer who was in Haiti during the devastating January 2010 earthquake. Starting just minutes after the quake, Morel posted dramatic first-hand-account photos. Soon after Morel's posting, the photos went viral.

Unfortunately for Morel, someone else copied and posted his pictures on their own Twitpic page and claimed ownership. Soon after, French news and photo agency Agence France-Presse added the images to their photo database, which, in turn, were transmitted to Getty Images and then published in hundreds of newspapers and online sites across the globe. Credit for the photos went to AFP, Getty, and the name of the man who first copied Morel's photographs.

Morel took Agence France-Presse and Getty Images to court in New York last fall, accusing the agency of “distributing and selling his images without prior permission” in violation of copyright law. The agency responded by saying that Twitpic's Terms and Conditions allow for others to use posted images. (Editor's note: Read Twitpic's Terms of Use and see what you think.) AFP claimed it had “express license to use Morel's images or, alternatively, they were third-party beneficiaries of a license agreement between Morel and Twitter.”

However, the court didn't agree and ruled in Morel's favor, writing, “AFP and the Third-Party Defendants do not meet their burden to establish that they had a license to use Morel's photographs.” Nor did the court consider AFP “third-party beneficiaries” based on Twitpic's Terms and Conditions: “Morel's allegations that AFP and Getty knew the images were his, disregarded his rights, and licensed his images to third parties are sufficient to plead knowledge and inducement of infringement.”

Morel's case is proceeding, with a trial date projected late summer 2011. CBS, ABC and CNN recently settled with Morel out of court.

The Terms and Conditions of Twitter and Twitpic do not allow third parties to use or distribute user content without an owner's express permission. Most photo-sharing and social media sites have similar terms in this regard, and, to avoid third-party liability under the Digital Millenium Copyright Act (DMCA), are required to designate agents for infringement complaints by site users.

Key takeaway: If you're active on social networks, share original content (like photos) online, and you care about receiving proper credit for your content, be careful. While the court ruled in Morel's favor here, different facts may lead to different conclusions (including, especially, a situation where the poster is deemed to have given implied permission for others to repost content). Those who desire proper attribution and/or royalties should examine the terms and conditions and privacy policy of any site where they plan to post content.

And, of course, register your work. Having a registered copyright provides you with a solid basis on which to protect your creative work. LegalZoom can help you protect your intellectual property and stop its unauthorized use.

Find out more about intellectual property basicsStart Now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

84 days ago
Trustpilot star rating bar

Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
87 days ago
Trustpilot star rating bar

The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
103 days ago
Trustpilot star rating bar

Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
102 days ago
Trustpilot star rating bar

Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
109 days ago
Trustpilot star rating bar

Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
127 days ago
Trustpilot star rating bar

Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
154 days ago
Trustpilot star rating bar

Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
154 days ago
Trustpilot star rating bar

Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
158 days ago
Trustpilot star rating bar

Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
164 days ago
Trustpilot star rating bar

I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
183 days ago
Trustpilot star rating bar

Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
190 days ago
Trustpilot star rating bar

Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
225 days ago
Trustpilot star rating bar

Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
221 days ago
Trustpilot star rating bar

Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
230 days ago
Trustpilot star rating bar

Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
232 days ago
Trustpilot star rating bar

Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
249 days ago
Trustpilot star rating bar

Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
256 days ago
Trustpilot star rating bar

Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
59 days ago
Trustpilot star rating bar

Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
60 days ago
Trustpilot star rating bar

Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
66 days ago
Trustpilot star rating bar

Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
71 days ago
Trustpilot star rating bar

Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
115 days ago
Trustpilot star rating bar

So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
109 days ago
Trustpilot star rating bar

Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
128 days ago
Trustpilot star rating bar

Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
155 days ago
Trustpilot star rating bar

Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
163 days ago
Trustpilot star rating bar

Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
171 days ago
Trustpilot star rating bar

Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
326 days ago
Trustpilot star rating bar

Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
567 days ago
Trustpilot star rating bar

Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1205 days ago
Trustpilot star rating bar

Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1311 days ago
Trustpilot star rating bar

Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1589 days ago
Trustpilot star rating bar

Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1749 days ago
Trustpilot star rating bar

LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

rjlog
144 days ago
Trustpilot star rating bar

This is my 2nd provisional patent with…

This is my 2nd provisional patent with Legal ZOOM. This time I dealt with Mak Champ he was Great, went out of his way to make it as easy as possible. Thank You

JoeSnook
170 days ago
Trustpilot star rating bar

Great Experience with LegalZoom

My experience in submitting a Provisional Patent Application has gone very smoothly so far. Customer Service and Support was very prompt and answered all my questions very quickly. I highly recommend Legal Zoom.

Viki Mann
228 days ago
Trustpilot star rating bar

Sandra helped me make the additional…

Sandra helped me make the additional orders on my account for the patent information. She helped me on everything I asked for. Thank you for making a difficult process much easier. thnx.

Rodney Kreinbrink
289 days ago
Trustpilot star rating bar

Tiffany was patient,professional and thoughtfully thorough!

Tiffany was patient, professional and thoughtfully thorough in her assisting me through procedures involving my patent processing!!

Valued Customer DT
289 days ago
Trustpilot star rating bar

Professional and Kind

Carrie was extremely helpful in answering my general questions regarding the trademark and provisional patent application process and fees. She was clear and succinct while maintaining a level of kindness and understanding of my needs. She provided the exact information I needed, saving me time and effort in researching via other routes. Thank you!

Teresa
884 days ago
Trustpilot star rating bar

Did a provisional patent application…

Did a provisional patent application (PPA). Streamlined and professional. Very helpful if ever needed. Always a pleasure to work with.

Bill K
932 days ago
Trustpilot star rating bar

Wes is always great to talk to

Wes is always great to talk to. He seems just as excited as we are about the next step in our patent process

Ann
934 days ago
Trustpilot star rating bar

LegalZoom is a great resource for…

LegalZoom is a great resource for anyone needing legal advice and in my case patent applications.

Patrick Walker
948 days ago
Trustpilot star rating bar

Great service

Great service, easy to understand each step in the patent journey. Wes my account manger was great and extremely helpful. I firmly recommend this service to anyone who has an invention they need protecting.

Tony Cooper
Rated4.6out of 5 based on23,986+ reviewson

Showing our favorite reviews