10 iC ycles ’ 08/’ Or aCopyright and DMCA Takedown Notices ✓ Digital Millennium Copyright Act ✓ Platform providers beneﬁt from a safe harbor. ✓ Essentially, they get a takedown notice and, literally, take it down. ✓ But not always...
10 iC ycles ’ 08/’ Or aCritical Question:Who owns what when it comes to a campaign?
10 iC ycles ’ 08/’ Or aFair Use ✓ What is the character of the use? ✓ What is the nature of the work to be used? ✓ How much of the work will you use? ✓ What effect would this use have on the market?
10 iC ycles ’ 08/’ Or aTrademark Issues ✓ Domain Name Acquisition ✓ Domain Name Litigation ✓ What’s in a name?
10 iC ycles ’ 08/’ Or aUser Generated Content and Section 230 ✓ Communications Decency Act ✓ Insulates platform providers from liability from defamatory posts by users as well as other content that may subject the provider to legal concerns. ✓ In a campaign context, exercising editorial capacity can be an issue on a website.
2 rC ycle 201O iaBig Data Movement & Privacy ✓ Reuse of Campaign Lists ✓ Political Phishing
2 rC ycle 201O iaMobile Fundraising ✓ FEC determination ✓ Funds coming back from provider companies to campaigns too slowly ✓ Cross platform issues ✓ Collecting the right kind of data to meet reporting requirements ✓ Ensuring caps are not exceeded
2 rC ycle 201O iaLast, but not least... The “Sarah Palin Question”
act Us Co nt om llp.c gama agnie r [at] amal lp.com g ssian [at] g m argo @ga mallpCopyright 2011. Gagnier Margossian LLP. All rights reserved.
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