Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. See generally, Christopher A.

Social Media 81

Social Media Contracts Ownership Business 81

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. I posted a chapter from the book: Online Contracts. This year is a little different.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

FEBRUARY 27, 2022

This strategy is similar to the strategy employed by hidden-city flight broker Skiplagged in its dispute with Southwest Airlines in 2021. But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. Let me know in the comments below or @copyrightlately on social media. “Therefore, her claim fails.”

Copyright 78

Copyright Music Contracts Settlement 78

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. I also challenge you to at least try to draw a similar style before (1/2) — PokerPaint (@PokerPaint) September 25, 2021. 3: The Andy Warhol Ruling.

Fair Use 249

Fair Use Non-Fungible Tokens Copyright Social Media 249

IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 21, 2023

As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” That topic is expressly at issue in the FLA and TX social media censorship cases). This sets up YouTube for a major own-goal. .”

Contracts 86

Contracts Social Media Blogging Law 86

Technology & Marketing Law Blog

JULY 29, 2023

Paul Davis is a lawyer and a self-described “ J6er ,” i.e., a participant in the January 6, 2021 U.S. The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis argued that the TOSes are contracts of adhesion.

Social Media 76

Social Media Contracts Law Litigation 76

Copyright Lately

FEBRUARY 20, 2022

After Marvel’s successor Disney released a new Muppet Babies reboot in 2018 without providing him credit or compensation, Scott filed a lawsuit for copyright infringement and breach of contract in the Central District of California. The case didn’t get very far as a result of a somewhat unusual set of circumstances. View Fullscreen.

Ownership 83

Ownership Copyright Infringement Contracts Copyright 83

Copyright Lately

DECEMBER 5, 2021

— Mike Birbiglia (@birbigs) November 27, 2021. When a record label or other distributor receives performance royalties from Spotify, it will presumably share a portion with the comedian per the parties’ contract. Performance “Absent a Specific License”.

Music 82

Music Licensing Copyright Publishing 82

43(B)log

OCTOBER 8, 2021

23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.” K & K Prods., Walt Disney Studios Motion Pictures, No.

Advertising 57

Advertising Advertising Social Media Licensing 57

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

43(B)log

OCTOBER 25, 2021

2021 WL 4843905, NO. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore. I’m sure they have contracts saying that they permitted these uses, but so what? MGFB Properties, Inc. ViacomCBS INC., 5:19cv257-RH-MJF (N.D.

Artistic Work 57

Artistic Work Social Media Television Trademark 57

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2021 WL 5893161 (S.D. assertions.

Registration 113

Registration Fair Use Copyright Designs 113

JIPEL Copyright Blog

APRIL 23, 2021

Taylor Swift is notorious for hiding secret messages in her lyrics , music videos , and social media. The label can then license the music and receive a portion of the royalties. Her fans waste no time in decoding even her most apparently innocuous posts.

Copyright Law 45

Copyright Law Copyright Law Music 45

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. The US Patent and Trademark Office (USPTO) Trademark ID Manual offers some guidance as example provisions including NFTs were added in October 2021. The NFTs act to authenticate these items.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This judgment concerned the classification of payments under end-user license agreements (EULA). c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

MAY 11, 2023

Missed deadline and transposition In the same way as many EU member states, Ireland missed the transposition deadline (7 June 2021). The Irish legislative transposition finally became law on 19 November 2021. The key element to note here is that the Regulations are a type of secondary legislation, known as a Statutory Instrument.

Copying 102

Copying Copyright Law Copyright Social Media 102

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration.

Publishing 81

Publishing Contracts Social Media Art 81

Technology & Marketing Law Blog

APRIL 30, 2022

Nevertheless, Twitter eventually suspended his account in August 2021 for violating its five-strike COVID misinformation policy. Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel.

Social Media 108

Social Media Contracts Government Publishing 108

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Definitely.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. 22, 2021); Lewis v. 2021); La’Tiejira v. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. AOL, 318 F.3d

Social Media 123

Social Media Blogging Government Publishing 123

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Hovermann , 2021 WL 9032222 (E.D.N.Y.

Privacy 100

Privacy Marketing Marketing Social Media 100

The IPKat

APRIL 18, 2022

Artist Four Tet took to social media to announce that its record label, Domino, had requested his music be removed from streaming platforms, amidst a legal dispute over royalties. He seeks a declaration as to the true construction of his contract and monetary relief, capped at £70,000.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

Technology & Marketing Law Blog

AUGUST 10, 2023

Different social media service, same result–case dismissed. In summer 2021, Instagram disabled her account. The court dismisses the plaintiff’s claims: Breach of Contract. The TOS allows Instagram to disable accounts in many circumstances, so there wasn’t a contract breach. Tortious Interference.

Contracts 76

Contracts Social Media Blogging Business 76

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. It’s Halloween time again!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Technology & Marketing Law Blog

JULY 20, 2021

He shared this story on social media with the “#airbnbwhileblack” hashtag, which went viral. 2021 WL 2932203 (D.C. July 13, 2021). (Airbnb no longer requires a profile photo, in part due to the lessons from cases like this). Most obviously, adding a second click to agree to the terms would be airtight. Airbnb, Inc.

Social Media 110

Social Media Designs Design Blogging 110

Technology & Marketing Law Blog

JUNE 27, 2022

If a consumer breaches a TOS by scraping content or posting violative content, does this provision require businesses to sue the consumer for breach of contract? Interpreted literally, it’s ludicrous to mandate businesses enforce every provision in their TOSes. Knowing that, what exactly are UGC services supposed to do differently?

Privacy 139

Privacy Designs Design Business 139

Technology & Marketing Law Blog

NOVEMBER 24, 2021

” Once again, Section 230 can preempt contract-based claims that are backdoor workarounds to Section 230. 2021 WL 5447022 (9th Cir. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. B&P 17200.

Social Media 141

Social Media Government Publishing Contracts 141

Copyright Lately

OCTOBER 18, 2021

But then, in September 2021, representatives of the trust began to take the position that the termination of Sonny’s previous copyright grants also had the effect of terminating the stream of composition royalties that Sonny had previously assigned to Cher in their settlement agreement. Agree or disagree? View Fullscreen.

Settlement 102

Settlement Music Copyright Publishing 102

Technology & Marketing Law Blog

OCTOBER 27, 2021

This is not a hard case. ” Plaintiffs always lose must-carry lawsuits , and Trump’s arguments give no reason believe that he will become the exception to the dozens of failed cases that preceded this case. Now, the plaintiffs ought to redo their preliminary injunction motion to reflect the revised precedent. Case citation : Trump v.

Social Media 125

Social Media Blogging Law Government 125

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. 17, 2021)), is another case about the breadth of §43(a). Marchese, 2021 WL 3783259, No.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

OCTOBER 7, 2021

With respect to the possible unconscionability of YouTube’s TOS, the court says “the bargaining power between social media companies and their customers does not render a forum-selection clause to be unconscionable.” And fourth, Plaintiffs invoke the First Amendment of the U.S. The case’s future is not in doubt.

Litigation 92

Litigation Social Media Law Blogging 92

Technology & Marketing Law Blog

NOVEMBER 22, 2021

Therefore, Plaintiffs have failed to establish that Mr. Trump’s former status as President of the United States on January 6, 2021 precludes Facebook from enforcing its forum-selection clause against him. The post All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v.

Social Media 71

Social Media Blogging Law Marketing 71