Daniel Schnapp provides an overview of how social networking services are using terms and conditions to defeat copyright claims.
“For over a decade, social media companies have routinely relied on so-called ‘server tests’ when defending claims of copyright infringement on their platforms,” says Daniel Schnapp, an attorney located in New York City. Under the test, he goes on to explain, a website owner would not be deemed liable for merely presenting a piece of content that was shared via a link to a third-party host’s server.
“The server test was first articulated in Perfect 10, Inc. v. Amazon.com, Inc. in 2007, and has been relied upon in countless copyright infringement cases since then,” Schnapp says. More recently, however, the server test approach has begun to struggle to stand up in court.
Instead, social networking services are now increasingly using their terms and conditions—and those imposed by their competitors—to defeat similar claims, Schnapp says. Users of such services, he says, grant their owners the right to sub-license various content uploaded to their platforms.
Daniel Schnapp Has Two Decades in the Law
Daniel Schnapp is a trial lawyer focused on commercial, intellectual property, privacy, corporate, entertainment, and art disputes. Now with close to 20 years of experience in the field, Schnapp routinely navigates the complex world of litigation in federal and state courts and before arbitration tribunals.
Schnapp has tried and arbitrated matters ranging from merger and acquisition litigation to defense of class actions, injunction proceedings, and closely held company disputes.