The selfie queen herself, Kim Kardashian West, is being sued for $100 million for copyright infringement relating to her signature light up smartphone case. A man by the name of Hooshmand Harooni filed suit against West’s company Kimisaprincess Inc., claiming the LuMee case she endorses is a rip off his own light up case.

The LuMee cases act like portable ring lights, providing continuous lighting around the phone’s perimeter, and typically retail for around $55-$70.

According to the lawsuit, Harooni obtained a patent in 2013 for an “integrated lighting accessory and case for a mobile phone device” and licensed it exclusively to Snap Light LLC.

West has frequently promoted the LuMee case on her social media accounts, and even used it when taking her now infamous selfie with then-Democratic presidential candidate Hillary Clinton.

On the Ellen Show today Hilary Clinton talks about how she never looked better in our perfectly lit selfie! #LUMEE pic.twitter.com/6svy37T46u

— Kim Kardashian West (@KimKardashian) January 11, 2016

Aside from stealing his product, Harooni also claims that West’s promotion of the case awarded LuMee an unfair competitive advantage due to her trendsetter status.

“Despite having superior, patented products, it has been extremely difficult for Snaplight to compete in the selfie case market against Ms. West’s product influence and Defendants’ ongoing infringement,” Harooni claims. He is also suing Urban Outfitters for distributing LuMee. “Snaplight and Mr. Harooni have suffered financially as a result.”

Harooni is suing for $100 million to recoup his lost profits, and is also asking that West stop promoting the LuMee cases.

In a statement to TMZ, a rep for the Kardashians  called the lawsuit another “attempted shakedown.”

“The patent lawsuit filed by Snap Light has no merit and is just another attempted shakedown,” the statement reads. “Kim has done absolutely nothing wrong.”

LuMee echoed that sentiment in a statement of its own:

LuMee is an innovator of illuminated cell phone cases and was the first to market. Between its patents, copyrights and trademarks, LuMee has developed substantial intellectual property rights surrounding its product line. LuMee is currently asserting patent infringement against Snaplight.

For those of you “keeping up” with the Kardashian/Jenner family’s intellectual property lawsuits, July was a rough month for the reality stars. Both Kylie Jenner and her sister Kendall were sued for misappropriating and exploiting images of Tupac Shakur with their controversial vintage tees, and last week, Kylie was also accused of copying a British artist’s work with her lip bite logo for her new television series “Life of Kylie.”

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Kim Kardashian Sued for $100M Over Selfie Phone Case appeared first on Law Street.

Justin Timberlake caused quite a stir on Tuesday after authorities reportedly said they were investigating the pop star for breaking the law. Timberlake flew home to Memphis for early voting and took a selfie, but Tennessee actually prohibits ballot selfies.

In May 2015, Tennessee Governor Bill Haslam signed a statewide bill that prohibits voters from taking pictures or recording conversations in a voting booth. A person convicted of the violation can face up to 30 days in jail and be fined $50.

Timberlake posted the picture on Instagram to encourage his fans to vote.

“Hey! You! Yeah, YOU! I just flew from LA to Memphis to #rockthevote,” he captioned the post. “There could be early voting in your town too. If not, November 8th! Choose to have a voice! If you don’t, then we can’t HEAR YOU! Get out and VOTE! #exerciseyourrighttovote.”

WATCH: @jtimberlake‘s selfie snafu. Did the star break the law in a polling booth? https://t.co/L2zBzaSj8phttps://t.co/0WCok9slrx

— Good Morning America (@GMA) October 26, 2016

According to earlier reports, the District Attorney’s office said it had been “made aware of a possible violation of state election law” and the matter was “under review.” Vince Higgins, communications director for the office of Shelby County District Attorney General Amy Weirich, admitted that the statement was incorrect.

“While we are aware of an allegation that someone may have violated a Tennessee state election law, we have not been presented anything by an investigative authority,” Higgins said.

“The statement released earlier by my office regarding Justin Timberlake and an investigation was incorrect and was released without my knowledge,” Weirich said. “No one in our office is currently investigating this matter nor will we be using our limited resources to do so.”

It is illegal to take a photograph in a voting booth in 18 states in the U.S., according to the Associated Press.

The star of DreamWorks’ “Trolls” didn’t share who he voted for, but it can be assumed he voted for Democratic nominee Hillary Clinton. Timberlake and his wife Jessica Biel attended a fundraising event for Clinton in August.

Bryan White

Bryan is an editorial intern at Law Street Media from Stratford, NJ. He is a sophomore at American University, pursuing a Bachelor’s degree in Broadcast Journalism. When he is not reading up on the news, you can find him curled up with an iced chai and a good book. Contact Bryan at BWhite@LawStreetMedia.com.

The post The Saga of Justin Timberlake’s Unlawful Ballot Selfie appeared first on Law Street.

Uber will start requiring its drivers to periodically snap selfies before being able to accept new rides. The company described its new move as a security measure that will prevent fraud and protect drivers’ accounts. But critics say it is just a sign that some drivers have not gone through background checks.

The tech company has long resisted more secure safety measures such as the use of fingerprints when running background checks, which are outsourced to a company called Checkr. Criticism has come from the fact that the prospective driver only has to enter all his personal information online before applying and doesn’t meet anyone from the company in real life before starting to pick up rides.

The absence of fingerprint checking leads to drivers swapping accounts with each other, according to David Sutton from a campaign run by the Taxicab, Limousine and Paratransit Association. He said to the Verge:

This is Uber acknowledging drivers share their accounts and the company’s effort to reduce this practice. Despite intense criticism of Uber’s screening process, the company is admitting there are drivers who’ve never undergone any form of background check.

One driver admitted to this practice in 2014: if you don’t want to be screened before driving for Uber, you just put your information on another driver’s account who doesn’t want to work anymore and you’re all set.

Uber chief of security Joe Sullivan explained in a blog post how the new selfie method will work. Drivers first take a selfie in the Uber app.

We then use Microsoft’s Cognitive Services to instantly compare this photo to the one corresponding with the account on file. If the two photos don’t match, the account is temporarily blocked while we look into the situation.

This is what it looks like:

Here’s how Uber drivers now have to take a selfie, to improve safety. pic.twitter.com/TevDeydtEg

— Neal Augenstein (@AugensteinWTOP) September 23, 2016

But it sounds a little risky to trust the technology that much. And what if the app doesn’t recognize a driver, even if it’s the same person in both pictures? Sullivan admitted in the blog post that there had been cases of mismatching during the pilot testing of the app service. But he said that more than 99 percent of photos were matched correctly, and the ones that weren’t were due to blurry profile pictures on the drivers’ pages. The post stated:

Given that verification takes only a few seconds to complete, this feature proactively and efficiently builds more security into the app.

Throughout the years Uber drivers have been involved in drunken driving, murder, kidnapping, killings of pedestrians, assault and sexual assault. Time will tell if the selfie security will do anything about these problems.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Uber Now Requires Drivers to Snap Selfies to Make Your Trip Safer appeared first on Law Street.

Welcome to the RantCrush Top 5, where we take you through the top five controversial and crazy stories in the world of law and policy each day. So who is ranting and who is raving today? Check it out below:

North Korea Says Trump Is The Bomb

An op-ed in North Korea’s state sponsored DPRK Today had nothing but glowing praise for Republican nominee Donald Trump. It called him a “wise politician” and “far-sighted presidential candidate.” This may have a lot to do with Trump’s serious proposal to remove American troops from South Korea if the country does not pay defense costs. The paper encouraged South Korea to avoid paying costs so that the countries may unify in the future without Washington’s meddling. North Korea also urged Americans not to vote for Hillary Clinton and criticized her nuclear weapon policy.

When the US is being trolled by North Korea, you know that it is a rather odd election season. https://t.co/RAWfHsrEj7

— Charles Hawley (@charles_hawley) June 1, 2016

Was Jerry Brown’s Clinton Endorsement Genuine or Desperate?

Answer: genuinely desperate. California Governor Brown delivered a “lukewarm” letter supporting Hillary Clinton for president. He said she was the only one who could defeat Trump. Jerry also gave a sincere nod to Sanders, quoting his “1 percent” platform. All in all, the governor seems to be echoing the same sentiments as many voters: “Hillary is experienced and I am feeling the Bern but we can’t let Trump win.”

Jerry Brown’s endorsement of Hillary is based on a simple calculation: She’s going to win. https://t.co/GdlzV1cgoM

— Chris Cillizza (@TheFix) May 31, 2016

People have feelings about this Texas town selfie statue

America’s new favorite pastime has been immortalized with this “selfie statue.” The statue, located in Sugarland, Texas, cost a smooth $35,500. And many were left wondering if there was a better use for those funds like, IDK, making texting while driving illegal, as the town of Sugarland is apparently having problems making that a priority. In the meantime, people are hitting up the selfie statue for selfies at lunch.

THERE’S A SELFIE STATUE IN MY TOWN. pic.twitter.com/hEV0MLM04L

— ¯\( ˘͡ ˘̯)/¯ (@Gemrick) May 28, 2016

Meet David French, Bill Kristol’s Third Party Write In

His name has been floating around and rumors say he could be our chance for a third party candidate. David French was recently called upon by Bill Kristol to enter the 2016 race as an independent. Move over Trump, looks like we have another winner on the stage. That is if David French, a conservative lawyer and National Review columnist, decides to take on the challenge. Looks like he’ll be facing some tough questions, though:

But what would David French have done about the gorilla?

— daveweigel (@daveweigel) May 31, 2016

Soccer Drama…Again

What the flying f***? The U.S. Soccer Federation has asked the Equal Employment Opportunity Commission to dismiss a complaint made by the National Women’s Soccer team over unfair wages. The Federation claims that the wage difference is based off of factors other than discrimination. Popularity and fandom play a role in how much soccer teams are paid. Which really shouldn’t make a difference because the women’s team plays just as much as the men’s, and have often won more.

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: June 1, 2016 appeared first on Law Street.

It’s an interesting case that refuses to die. Described by NPR as “the legal saga of the monkey selfie,” U.S. District Judge William Orrick just issued a provisional opinion that a macaque named Naruto can’t legally copyright some selfies he snapped in a nature reserve in 2011.

The pictures in question do have all the attributes of a selfie.

Judge rules on whether monkey owns rights to famous “monkey selfie” photographs https://t.co/b6vY3jDLiupic.twitter.com/bSNKXtdivi

— CBS News (@CBSNews) January 7, 2016

They were taken with wildlife photographer David Slater’s camera, in a wildlife reservation on the Indonesian island of Sulawesi. However, Slater wasn’t the one who “took” the pictures, Naruto did. PETA, who filed the lawsuit on Naruto’s behalf, claimed that the monkey knew what he was doing. The lawsuit argues that Naruto had seen guests to the reserve taking photos, and that his actions included “purposely pushing the shutter release multiple times (and) understanding the cause-and-effect relationship between pressing the shutter release, the noise of the shutter, and the change to his reflection in the camera lens.”

But Slater claims that he has the rights to the pictures, and that he was holding onto the tripod while Naruto took the photos. He used it in a 2014 book of wildlife photography, and has a British copyright license for it. But some media sites, including Wikipedia, have argued that the photos are public domain because no one owns the copyright.

But despite all that confusion, one thing is clear: Orrick wasn’t going to let PETA get away with filing a copyright on behalf of a monkey. Although a formal opinion will be issued by the judge later, he did issue a provisional opinion Wednesday. Orrick stated: “while Congress and the President can extend the protection of law to animals as well as humans, there is no indication that they did so in the Copyright Act.” On that note, the U.S. Copyright Office has actually officially started listing “a photograph taken by a monkey” as something that specifically cannot be copyrighted. 

So, it doesn’t seem like we’ll be seeing an influx of monkey (or for that matter, other animal) copyrights anytime soon. But since monkeys can apparently take selfies, maybe this is a law that Congress will need to consider changing.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Monkeys Can’t Copyright Selfies…Yet appeared first on Law Street.

New Hampshire voters will have a new way to celebrate their civic duty come the state’s primary election in February. On Tuesday, a federal judge struck down the state’s law that banned voters from showing a completed ballot to anyone–including sharing a photo on social media. According to the ruling, ballot box selfies are now a protected form of free speech.

New Hampshire is not the only state with this sort of law, in fact, most states have laws prohibiting voters from showing their marked ballot to the public. Although many of these laws are on the books, most states tend to have lax enforcement policies. Unlike most states, however, the New Hampshire law was recently updated to include digital images and social media–effectively banning ballot selfies. Those changes prompted the American Civil Liberties Union of New Hampshire (ACLU-NH) to file a lawsuit against the state, citing the law as an undue ban on free speech.

State Representative Leon Rideout, Brandon Ross, and Andrew Langlois were the plaintiffs in the ACLU-NH’s lawsuit. All three voted in the primary election last September, took pictures of their ballots, and shared them online. Out of protest, Langlois opted to vote for his recently deceased dog, Akira, instead of the available primary candidates. While voting, Langlois took a picture of his ballot with his phone and later shared it on Facebook. Shortly after posting the photo, he got a call from the New Hampshire Attorney General’s Office notifying him that he was being investigated for possible election law violations. Before it was stuck down, violating the law was punishable by fines of up to $1,000. Rideout and Ross were also investigated for their posted pictures.

The ACLU-NH argued that the law’s restrictions violate voters’ right to free speech, and the court agreed. On the other hand, Secretary of State William Gardner argued that the law helped stop vote buying and coercion because it prevented someone from proving who they voted for. In a 42-page decision, U.S. District Court Judge Paul Barbadoro ruled that the law was not narrowly tailored to achieve a compelling state interest in regulating free speech, the traditional test in First Amendment cases. While the judge noted that coercion and vote buying have historically been important issues, they no longer pose a risk to the election process. In his ruling, the judge noted,

He [the secretary] produced no evidence that either vote buying or voter coercion are current problems in New Hampshire. Plaintiffs, in contrast, have produced undisputed evidence that there have been no vote buying prosecutions and no complaints of vote buying in the state since at least 1976.

While the law was enacted with good intentions–preventing coercion and vote buying–the issues that it aimed to address are generally not that important anymore. Even if such fraud were to occur, other laws still make it illegal and the government can still prosecute misconduct. More to the point, selfies and the ability to share pictures of civic participation online are important forms of free speech. For better or worse, ballot box selfies are a free expression and they are here to stay–at least in New Hampshire.

Kevin Rizzo

Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

The post New Hampshire Voters: You May Now Take Ballot Selfies appeared first on Law Street.

Even though the world very well may be reaching its breaking point with how much Kardashian news coverage it can take, recent legal trouble between the family’s top breadwinner Kim Kardashian West and the Food and Drug Administration has warranted keeping the reality stars in the spotlight.

Last week Kardashian West posted a selfie on Instagram of herself holding a prescription bottle of Diclegis, made by the pharmaceutical company Duchesnay USA. The pregnant celeb credited the drug with helping her manage her bouts of morning sickness with baby number two.

FDA tells @KimKardashian she’s doing it wrong http://t.co/DVHXBLes08 pic.twitter.com/wQWZKkOLlW

— Halle Tecco (@halletecco) August 12, 2015

The post, which has since been deleted, read:

I tried changing things about my lifestyle, like my diet, but nothing helped, so I talked to my doctor. He prescribed me #Diclegis, and I felt a lot better and most importantly, it’s been studied and there was no increased risk to the baby.

Kim is no stranger to social media product promotions; she’s utilized her personal accounts to sell everything from teeth whiteners to tennis shoes to her 42 million followers on Instagram and 25 million on Facebook. But, the so-called “selfie queen” failed to cover her bases with her latest venture.

Although the post linked to the drug’s website and its safety information, FDA Division Director for the Office of Prescription Drug Promotion Robert Dean says it wasn’t enough. In his warning letter dated August 7, Dean writes, “the social media post is false or misleading in that it presents efficacy claims for DICLEGIS, but fails to communicate any risk information associated with its use and it omits material facts.” He also points out that the post neglected to mention that the drug has not been studied in women with hyperemesis gravidarum, a complication of pregnancy characterized by uncontrollable nausea, vomiting, and dehydration.

The confusion over the side effect omission boils down to the drug’s classification. Diclegis, is labeled under the pregnancy category A, which means it has failed to demonstrate a risk to the fetus in the first trimester of pregnancy. Despite this, disclosing risks of the drug during pregnancy are still required in labeling and promotions.

Forbes explains further writing,

Incidentally, such pregnancy classifications were eliminated by FDA last month and companies are now required to give prescribers more precise safety details on a drug’s fetal and maternal risk profile because the old classification was “often misinterpreted and misused in that prescribing decisions were being made based on the pregnancy category, rather than an understanding of the underlying information that informed the assignment of the pregnancy category.

According to the drug’s website, Diclegis’ most common side effect is drowsiness and therefore should not be combined with alcohol, certain depressants and pain medications, and sleeping aides. Women are also encouraged not to drive, use heavy machinery, or “engage in other activities that need your full attention” while taking the drug.

In response to the letter, Duchesnay spokeswoman Laney Landsman said the company is working very hard to take quick action and is working out a plan to submit to the FDA. The letter warned that “failure to correct the violations discussed may result in FDA regulatory action, including seizure or injunction, without further notice.” It’s unclear if Kim will have to forfeit her compensation for the ad since it has been deleted, but it’s safe to say the reality star will likely be “keeping up with” the FDA’s requirements.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Kim Kardashian’s Selfie Comes With an FDA Warning appeared first on Law Street.

The “Selfie Campaign.” Kind of has a nice ring to it, doesn’t it? Well that’s the best way to describe what two sisters from New Hampshire are attempting, after vowing to take a selfie with every 2016 presidential candidate.

Presidential candidates are lining up to take a selfie with these teenage sisters http://t.co/aoux92E1ZL (via Twi… pic.twitter.com/pv3cHIAC0Z

— Joseph Abraham (@kjosephabraham) August 1, 2015

Sisters Addy Nozell, 17, and Emma Nozell, 15, are no strangers to politics and presidential campaigns. In fact, the girls have been taking selfies with politicians before “selfies” were even part of popular culture. Emma recalls being exposed to politics at a young age by their parents saying,

We were always in the parades. We were always making signs. We were always helping them [the candidates] with whatever was needed.

While neither of these girls is old enough to vote in the primaries, they are already making a name for themselves with the candidates. In fact, Donald Trump, the current leader of the Republican polls, was seemingly expecting the girls to approach him at a rally at the Weirs Beach Community Center, telling the girls, “oh, alright let’s get the selfie.”

The “selfie sisters” of New Hampshire can scratch Donald #Trump off the to-do list. #WBZ @PaulaEbbenWBZ @mytv38 pic.twitter.com/HmndYrIkdr

— Liam Martin (@LiamWBZ) July 17, 2015

With a crowded field of 20 plus candidates, the girls’ campaign sounds almost impossible. However, they’ve already managed to snap pics with 17 of the candidates in less than a month since they started their quest on July 2 with New Jersey Governor Chris Christie. The only hopefuls that have yet to “say cheese” with the girls are former Arkansas Governor Mike Huckabee (R), former U.S. Senator Jim Webb (D-Virginia), and currents Senators Ted Cruz (R-Texas), Marco Rubio (R- Florida), and Bernie Sanders (I-Vermont).

Meet Addy and Emma — the “presidential selfie girls” @PrezSelfieGirls http://t.co/ZetxWY3jgW pic.twitter.com/QvVHRdR8MV

— Deena Zeina Zaru (@DeenaZaruCNN) July 13, 2015

More often than not, selfies from teenage girls are duck-faced and distorted, which has led critics of the trend to call the practice superficial and narcissistic. And while for some that may be the case, the Nozell sisters have a different strategy for their “prez pics” at least in part thanks to their mother, Wendy Thomas. The girls practice “selfie etiquette.”  “You can’t stick your tongue out, you have to be respectful,” says Thomas. More importantly, the girls’ mother made it a point that selfie sticks are not permitted. “You gotta go with the old-school selfie and use the arm,” shared Emma.

Addy and Emma’s approach to the “selfie” can be used as a tool for keeping millennials engaged in the presidential race rather than solely for self-promotion. The Nozell sisters are conveying the notion that presidential candidates are generally approachable human beings who can relate to young people, at least when it comes to the preferred method of photo-taking. These girls are becoming increasingly popular and it will be interesting to see if candidates view taking selfies with the girls as a tactful method of gaining publicity among young people.

According to the girls, they have yet to settle on a favorite candidate, but are looking forward to hearing from all of the presidential hopefuls. It’s great to see what started as a fun opportunity morph into an example of youth engagement and educational opportunity–and the sisters show no sign of stopping until they’ve reached their goal.

Symon Rowlands

Symon Rowlands is a member of the University of Miami Class of 2016 and was a Law Street Media Fellow during the Summer of 2015. Symon now blogs for Law Street, focusing mostly on politics. Contact Symon at staff@LawStreetMedia.com.

The post I Wanna Vote For You, But First Let Me Take A “Selfie” appeared first on Law Street.

Hey y’all!

I am an avid social media user. I love all things social media but I have yet to cross the line into obsessively taking selfies and sending them off to anyone, let alone posting them all over the Internet. In today’s world it is almost impossible to find someone who has not taken one selfie and sent it to at least one other person. But one teen not only crossed the line in selfie etiquette, he showed how much he doesn’t value life.

Maxwell Morton, 16, faces first-degree murder charges, in addition to charges of criminal homicide and possession of a weapon by a minor, after shooting Ryan Mangan, who was also 16, last Wednesday.

A funeral was held for Mangan on Monday in a small town just outside of Pittsburgh.

Morton was dumb enough to photograph what he had done and then used the popular social media app SnapChat to send it to another boy. SnapChat allows the user to send a multi-media message that disappears within a few seconds once the recipient opens it. Thankfully the young man that Morton sent the image to was smart enough to save the image, show his mom, and then contact the police.

Morton also had taken a photo of himself with the 9 mm pistol that was used in the shooting, which was later found on the camera roll on his phone.

The amount of disregard for human life that Morton has is just sickening, and the fact that more and more social media is used for this kind of thing makes me want to delete all my apps and go back to an old school flip phone that would only allow you to make calls or send text messages..

Morton is being charged as an adult and could face up to life in prison. Life in prison. I think he deserves the death penalty. Something that the state of Pennsylvania does in fact still have in effect. Pennsylvania ranks 26 in executions for the past five years.

I have to wonder where this kids parents were, why he wanted to kill Mangan and where did he get the gun? Only time will tell.

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

The post Teen Murder Suspect Takes Selfie With Victim appeared first on Law Street.

Memes are fun–they’re customizable, shareable, and all over the internet. But they do bring up some important questions about copyright laws and photo ownership. For example, many of you have probably seen the “confused face girl” meme that has gone viral all over social media. While most people find this meme utterly hilarious, a news story spread last week that the “face” of the meme–a girl named Keisha Johnson–wasn’t laughing. In fact, she supposedly tried to sue Instagram for $500 million for copyright infringement and defamation because people keep using a picture of her posted on Instagram as a meme. This story ended up being a fake, created by the satirical news outlet OD Gossip, but news organizations who didn’t know any better still picked it up.

Thanks Hundike

Here were the made-up details of Johnson’s legal battle:

The 16-year-old Alabama native was just hanging out with her friends when one of them took a bad photo of her and uploaded it to Instagram. Almost instantly, the photo went viral and was shared on millions of profiles, including those of celebrities. In addition to turning the photo into a meme, people everywhere have been posing for their own “confused face” photos in apparent attempt to mock Johnson. Clearly embarrassed by the photo, Johnson said, “my face looked ugly like I was about to throw up. I look nothing like that in real life… I’m really a bad b*tch!”

While this made-up girl named Keisha Johnson did not, obviously, sue Instagram for $500 million, the story and resulting press attention got me thinking: what would happen if someone were to actually sue Instagram? Well, according to the Instagram terms and conditions that every user must agree to before they sign up for the social media site, people who use the network are responsible for the content that they choose to share.  Now in fairness, in the hypothetical story, Johnson was not the one who posted the photo. However, according to the terms, her friends would have been 100 percent responsible for choosing to embarrass their friend. So hypothetically, if the girl in the photo were to sue someone, it’s her friends who are responsible for deciding to post a bad photo of her, not Instagram.

The site OD Gossip also released another fake story about another fake lawsuit–this time over a selfie that was turned into a meme. According to OD Gossip, “Makayla Edwards,” known more commonly as the topless boy/girl face a** meme, has also decided to file a defamation lawsuit against Instagram. Just like the story about Johnson, this is a hoax, but there have been millions of photos posted to people’s Instagram accounts making fun of the meme. The photo has also popped up on sites like Facebook and Twitter.

Now as previously established, the fake “Makayla Edwards” cannot sue Instagram for people choosing to repost her photo. But, is there anything stopping her from suing the people who reposted her photo? In order to figure this out, I looked into copyright laws and how they apply to social media selfies.

First, it’s important to understand the basic copyright laws for online images. Copyright attaches to a work, in this case an image, as soon as it is created. Unlike with patents and trademarks, people do not need to apply for a copyright, it’s automatic. So once you create an image–by drawing it, creating it on the computer, or by taking a photo–you have the rights to do whatever you want with it. This includes reproducing it, displaying it publicly, altering it, selling it, and distributing it.

But most of us don’t create our own images, we use ones created by others. In order to legally use someone else’s image, you must get express permission from the copyright owner and, once you get permission, give them proper credit for the image. Now, there are ways that you can legally use a copyrighted image without getting permission, such as by using one with a creative commons license, but these likely do not apply to social media photos.

So what are the rules when it comes to social media, where people constantly and publicly post their photos for anyone to see? According to Social Media Today, images posted on social media sites are still bound by copyright. This means that if you want to use or re-post someone else’s photo on Facebook or Instagram, you need their permission.

So these made-up lawsuits are not completely ridiculous–they probably could happen, although for way less money. However, if anyone has a reason to sue, it’s the person who took the picture, not the girl in it. And they wouldn’t be suing Instagram, but the millions of people who re-posted the photo without permission. Still, next time you snap a silly selfie, or take a bad picture of a friend, these rules are something to keep in mind.

—

Brittany Alzfan (@BrittanyAlzfan) is a student at the George Washington University majoring in Criminal Justice. She was a member of Law Street’s founding Law School Rankings team during the summer of 2014. Contact Brittany at staff@LawStreetMedia.com.

Featured image courtesy of [Shawn Ahmed via Flickr]

Brittany Alzfan

Brittany Alzfan is a student at the George Washington University majoring in Criminal Justice. She was a member of Law Street’s founding Law School Rankings team during the summer of 2014. Contact Brittany at staff@LawStreetMedia.com.

The post Memes and Selfies: Internet Trends Bring New Copyright Issues appeared first on Law Street.

Last night at the Oscars, a group of America’s most recognizable celebrities banded together to take this record-breaking selfie.

If only Bradley’s arm was longer. Best photo ever. #oscars pic.twitter.com/C9U5NOtGap

— Ellen DeGeneres (@TheEllenShow) March 3, 2014

When she gathered everyone, Ellen DeGeneres announced that she wanted to make it go viral as the most retweeted photograph ever. And that’s exactly what happened — the picture was retweeted about 2.5 million times as of this morning. It was retweeted so many times that it even crashed Twitter, and smashed the previous record of 700,000 retweets of a picture of President Obama and the First Lady.

While last night’s picture was of course a particularly well known one, celebrity selfies in general are becoming increasingly popular. Others are getting in on the fun too — for example, just a few days ago, Bill Nye posted this photo to his Instagram account.

That is, of course, President Obama with Neil deGrasse Tyson, and Bill Nye, two influential scientists and pop culture icons.

And for a combo politician and celebrity pic, check out this one of real-life and TV Veeps Joe Biden and Julia Louis-Dreyfus:

That was an unforgettable evening. Thank u @JoeBiden @BarackObama @MichelleObama pic.twitter.com/eFOQlVGjlg

— Julia Louis-Dreyfus (@OfficialJLD) February 12, 2014

I’ve seen news stories on multiple platforms about all three of these pictures, last night’s Oscar selfie of course being the most popular of the three. Now part of me is thinking, “Why should I give a damn?” At the same time the Oscars were happening, Venezuela’s protests were getting worse, and Ukraine was devolving further into a bonafide mess.

But there’s also something to be said for the pure, sophisticated brilliance of these selfies. Free publicity is arguably the best kind of publicity, and it cost that gaggle of A-Listers absolutely nothing to have their picture retweeted a few million times last night. For years, celebrity gossip magazines have been printing pages with pictures of stars being “just like us” — they get Starbucks, they grocery shop, or they take their dog for a walk. These selfies are just an extension of that idea — a way for stars to connect with their fan bases.

The same goes for politicians and other public figures. When Obama takes a selfie with two of the most recognizable faces in science, it’s not just to commemorate meeting the two men, but also because it serves as free publicity. It goes on Instagram, a social media platform used mainly by young people. Much as he did during the 2008 and 2012 elections, he’s reaching out to young people on their terms. Now, obviously most politicians do use Twitter and have other social media accounts, but Obama’s usually pretty much on the cutting edge.

What about Bill Clinton’s selfie with Demi Lovato?

Too excited to filter this… NO BIG DEAL – #Selfieswiththeprez…. @billclinton – so nice to meet you!!!! pic.twitter.com/un07E9JEOy

— demetria lovato (@ddlovato) February 28, 2014

Maybe I’m wrong, but I’ve got to assume that there isn’t a ton of overlap between Clinton’s and Lovato’s fans. So by sending this picture out, they probably both got exposure to different groups.

Viral marketing is by no means new, companies have been doing it for a few years now. But the selfie as an individual marketing tool has grown over the years. Not all industries are doing such an excellent job with free marketing. For example, a few weeks ago, a report came out that indicated that law firms in particular are not doing a good job with social media marketing. These celebrities and politicians are doing an excellent job harnessing the power of social media to get their names — and mostly their faces — out there. The selfie is no longer just a thing that teenagers share with their friends. It’s become a powerful tool — and last night proved that.

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Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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