The Good, the Bad, and the JPEG: Staying Safe in the Constant Showdown over Digital Content Use Online

Scott J. Sholder and Lindsay R. Edelstein

©2018. Published in Landslide, Vol. 11, No. 1, September/October 2018, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

If “a picture is worth a thousand words,” is it worth it to use one picture in an online article that could end up costing thousands of dollars? Given the power of visual content to drive traffic to websites, it is clear why digital media companies use videos, photographs, illustrations, and memes to engage readers, even at the risk of increased vulnerability to copyright infringement claims. And the copyright pitfalls have grown and multiplied recently, which means digital media companies need to pay even closer attention to the management of their legal exposure when it comes to copyrights.

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