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Copyright Claims to Images Posted on Twitter

By Stephen M. Kramarsky

If you are a technology or intellectual property lawyer and the phrase “social network” does not send chills up your spine, you aren't paying attention. The fundamental currency among users of social networking services is shared information; the greater the perceived value of the information, the higher the status of the user. Thus, social networks are an intellectual property minefield.

The content that a user posts to a social networking site may or may not belong to that user: It may contain elements that belong to others; it may contain confidential, defamatory or otherwise actionable material; it may generate a thread of comments (all of which may belong to their respective authors); and it may reference or link to material that belongs to others. The expectation ' indeed the hope ' is that all of this content, with its attendant complex web of rights, will be widely shared and republished to as many other users as possible.

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