Brand Protection

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New Challenges in Copyright on Social Media: The Case of X Corp

This article is inspired by the analyses conducted by Marina MJ de Andrade, Partner at Bayum de Paiva & Andrade Abogados, in her recent article for The Trademark Lawyer Magazine.

The dynamism of social media and its interaction with copyright continues to present legal challenges that resonate across the entertainment and technology industries. A notable case involves X Corp., which faces serious accusations from major music publishers, highlighting the need for effective copyright management on digital platforms.

Last winter, several publishers grouped under the National Music Publishers' Association (NMPA) filed a lawsuit against X Corp. for copyright infringement, claiming $250 million in damages. Unlike platforms like TikTok and Instagram, which have licensing agreements with copyright holders, X Corp. has allowed the sharing of protected content without formal agreements, according to the plaintiffs.

In early 2024, although Judge Aleta Trauger dismissed several of the fundamental charges against X Corp., she allowed the case to proceed under specific aspects of the Digital Millennium Copyright Act (DMCA). This underscores the importance of adhering to a clear legal framework for managing protected content on digital platforms.

This litigation highlights the complexity of copyright regulations in the digital age and the critical need for robust internal policies that can prevent copyright infringement and respond appropriately to violations.

In this environment, brand protection services are more relevant than ever. Pulpou helps digital platforms implement proactive systems for detecting and managing copyright infringements, ensuring that creativity and innovation can thrive in a respectful and legally sound environment.

Managing copyright on digital platforms is not just a legal issue but also one of integrity and business ethics. As we advance into the digital age, collaboration between tech platforms and brand protection service providers becomes essential to fostering an environment where both creators and users can enjoy rich and diverse content without infringing on legal rights.

What do you think about the challenges and opportunities presented by copyright protection in the digital age? Do you believe digital platforms are doing enough to protect intellectual property?

If you're interested in learning more about how Pulpou can help your company manage and protect its intellectual property in this complex digital environment, visit our website or contact us directly for a consultation.

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