Social Media

The Odd Couple: Right of Publicity in Social Media


This course takes a look at social media and how it has added enormous complexity to the application of right of publicity law. The presenter gives an in-depth look at recent cases on point, transactional issues, and strategies and best practices that can be used in counseling clients dealing with issues in this area.


I. Right of Publicity in Social Media
     A. What Is Right of Publicity?
     B. Mash-Up of Right of Publicity and Social Media
     C. Commercial Use
     D. Recent Case Law
         1. NCAA and Michael Jordan
         2. Albert Einstein and Facebook
         3. Celebrity Sightings
     E. Protecting Yourself
         1. What Can Your Company Do?
         2. Best Practices


Content Provided

With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.

Speaker / Author:

Photo of Cydney Tune

Cydney Tune
Pillsbury Winthrop Shaw Pittman LLP

Cydney Tune is a senior counsel at Pillsbury Winthrop Shaw Pittman LLP's San Francisco office, and leads the law firm's Copyrights group and Media & Entertainment industry teams. Her practice includes a wide variety of intellectual property issues, including copyrights and trademarks, as well as a broad array of entertainment, licensing and E-Commerce matters. She represents a variety of clients—large and small, domestic and foreign, and in many different industries.

Ms. Tune represents a variety of clients in connection with music, video, photography, multi-media and other entertainment projects. Her practice includes music matters, such as music licensing and digital music issues. In transactions, she handles an array of matters, including publishing agreements, video licenses, production agreements, speaker releases, permissions agreements, artwork purchase agreements, performer clearances and rights of publicity and privacy. Ms. Tune also has extensive experience enforcing rights in entertainment-related intellectual property, including photographs, graphic images, and music catalogues.

Ms. Tune's practice also includes the representation of virtual worlds service providers and social networking websites. Her experience in the technology and entertainment industry helps clients in these emerging markets.

In response to the ever-changing laws within the music and entertainment industries, Ms. Tune created and currently chairs the Technology and Entertainment Convergence seminar, "Technotainment", which draws over 500 people, in New York City and San Francisco, and connects hundreds of others virtually, via webcast, throughout the country and around the globe.

Ms. Tune’s practice includes the full range of copyright protection, including counseling, strategic planning, clearances, prosecution, and extensive policing and enforcement both in the United States and abroad. Ms. Tune also handles transactions involving copyright issues, including copyright license and transfer due diligence as well as assignments and licenses. She represents rights owners and accused infringers in copyright and related disputes. Ms. Tune also represents clients on issues arising out of the Digital Millennium Copyright Act, including anti-circumvention issues, and additional copyright enforcement issues. These copyright matters influence many of Ms. Tune's clients, including virtual world service providers, social networking websites and music and new media companies.

As with copyrights, Ms. Tune’s trademark practice includes the full range of trademark protection, including counseling, strategic planning, clearances, domestic and foreign prosecution and policing. Her practice also includes litigation before the Trademark Trial and Appeal Board. She also advises on trademark aspects of business transactions, such as secured transactions, bankruptcy, asset purchases and initial public offerings.

Ms. Tune represents clients in connection with licensing, including content licensing of all types. In addition to copyright and trademark licenses, her experience includes licenses for music, video, photography, film, television, multi-media, and merchandise. She also handles software and other technology licensing for diverse clients including companies in the fields of software, information technology equipment, telecommunications, digital media and service providers. Ms. Tune also advises clients in connection with existing licenses, handles licensing due diligence, and assists clients with enforcement issues pertaining to licenses.

Notably, Ms. Tune is one of the most experienced lawyers in the United States in handling archival music-performance footage, including the unique domestic and international clearance, rights and distribution issues that accompany the usage of such footage. She also handles licenses of content for television, movies, movie trailers and documentaries. Ms. Tune has worked with documentary films in connection with intellectual property and enforcement rights as well as in licensing negotiations.

Ms. Tune has extensive experience with publishing issues including their connection with books, magazines and other periodicals. She has handled publishing transactions as well as those involving claims of rights made against publishers. Her experience in this area also includes First Amendment law in connection with the convergence of copyright law and First Amendment law, generally arising out of fair use issues.

Ms. Tune provides advice to Internet companies and other companies that conduct business online, including broadcasters, broadcast associations, webcasters, online music services other online content providers and gaming and virtual worlds companies, on a wide array of issues including development, cross-promotions, co-branding and transactions. She represents clients on issues arising out of the Digital Millennium Copyright Act, including anti-circumvention issues. She also handles online publishing agreements, desktop publishing matters, digital music issues and licensing, content licenses and online advertising issues.

Ms. Tune handles enforcement matters involving intellectual property of all types. She is involved in copyright and other related litigation, providing intellectual property knowledge. Ms. Tune also has extensive experience in complex litigation including cases involving unfair competition, unfair business practices, product liability, franchise terminations, breach of contract, antitrust, a wide variety of business torts, securities, class actions and multi-district litigation.

Ms. Tune received her J.D., Order of the Coif, in 1981 from the University of California, Hastings College of Law, and her B.A., Phi Beta Kappa, from the University of Denver in 1978.


Price (USD)

Standard: $50.00
Subscribers: FREE
Pillsbury U Online: FREE
Metro State Univ: $50.00


Course Code : 775559

Release Date : 09/16/2016

Length : 30min
Recorded Date : 1/14/2016

Format Type : eLearning
Mobile Compatible

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