Technology & Marketing Law Blog

AUGUST 12, 2021

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” Use of content posted to social media has generated many posts on this blog, starting with AFP v. United Sports.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

Social Media 84

Social Media Law Litigation Blogging 84

Technology & Marketing Law Blog

JUNE 5, 2024

In February, Meta lost on Partial Summary Judgment against Bright Data on its breach of contract claim. had its breach of contract and CFAA claims against the Center for Countering Digital Hate (“CCDH”) dismissed at the motion to dismiss stage. Here, the court muddles the various contract formation standards.

Blogging 74

Blogging Social Media Contracts Technology 74

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. In November 2023, X corp. on all counts.

Blogging 102

Blogging Contracts Cease and Desist Social Media 102

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 106

Social Media Law Blogging Publishing 106

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. And there’s nothing wrong with that, of course. So be on the lookout for that.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Technology & Marketing Law Blog

JULY 16, 2021

22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Reminder: courts sometimes demand that consumers click twice to form a contract. Advertising/E-Commerce. Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. Lona’s Lil Eats, LLC v. Handle, Inc.,

Advertising 115

Advertising Advertising Contracts Social Media 115

Technology & Marketing Law Blog

FEBRUARY 27, 2022

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. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. Facebook v.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

AUGUST 31, 2023

Blog post coverage of that ruling here. ” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. . Contract Breach. Twitter appeared first on Technology & Marketing Law Blog. The user tried again. Same result.

Contracts 115

Contracts Social Media Blogging Publishing 115

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 113

Blogging Cease and Desist Contracts Marketing 113

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media 123

Social Media Contracts Advertising Advertising 123

LexBlog IP

NOVEMBER 15, 2021

There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. Further, it is more likely to be a verbal agreement or one made over social media. To form a contract, three main ingredients are required.

Contracts 52

Contracts Social Media Law Business 52

LexBlog IP

FEBRUARY 16, 2024

This blog has been cross-posted on Seyfarth’s California Peculiarities Employment Law blog. Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. This case also highlights the stakes of the individualized explanations requirement in the TX and FL social media censorship laws if those survive constitutional scrutiny. Google appeared first on Technology & Marketing Law Blog.

Social Media 82

Social Media Contracts Blogging Litigation 82

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 88

Social Media Contracts Ownership Business 88

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Prior Tattoo Copyright Blog Posts. She now does her tattoo artistry pro bono.

Copyright 144

Copyright Social Media Fair Use Licensing 144

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). ” [Discussing Cross v. .”

Contracts 84

Contracts Designs Design Publishing 84

Technology & Marketing Law Blog

AUGUST 27, 2024

There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. This case involves the videogame NBA 2K, not a stranger to this blog. Amazon appeared first on Technology & Marketing Law Blog. The court shrugs its shoulders. Amazon Web Services Inc.,

Social Media 84

Social Media Blogging Publishing Government 84

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. See my extensive blog coverage of Medical Justice.

Contracts 68

Contracts Social Media Business Blogging 68

BYU Copyright Blog

AUGUST 5, 2024

Francis") for copyright infringement and breach of contract. Francis had used hundreds of his photos on their website, and various school employees and administrators had also used his pictures on their social media accounts. Now, whether those two clauses are enough to make the contract preemptive or not is up to Judge Trina L.

Contracts 52

Contracts Graphic Design Copyright Law Social Media 52

Plagiarism Today

APRIL 7, 2022

Also in 2018, FDN filed the original complaint, targeting both Amazon and CCA, alleging that they both breached contracts and committed copyright infringement. There wasn’t even a system for registering blog content, like this site, until June 2020. But this is where FDN introduces a new wrinkle.

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Publishing Registration Social Media Copyright 267

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

In response to a user’s complaint against a social media platform that had deleted his post and blocked his account, the Higher Regional Court of Hamm reasoned in a very similar way. This is how they looked then: For reasons I won’t bore you with, my blog software makes it painful to embed these graphics.

Blogging 86

Blogging Social Media Publishing Reporting 86

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 101

Copying Copyright Law Copyright Social Media 101

The IP Law Blog

SEPTEMBER 16, 2021

The Agreement also assigned to the team a list of social media names that contained the word “Gulls,” which had been used to promote the team. The assignment agreement defined the registered marks, the common law marks, and the social media names collectively as “Intellectual Property”. What’s missing here?

Social Media 98

Social Media IP Intellectual Property Artwork 98

Kluwer Copyright Blog

APRIL 14, 2022

Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. As a more or less direct result, posting and sharing of Italian press articles via social media comes now without picture previews. Under the Italian version of art.

Publishing 81

Publishing Contracts Social Media Art 81

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Twitter appeared first on Technology & Marketing Law Blog. ” Third party content: Plaintiff “is responsible for the creation of his tweets, which were circulated via Twitter.”

Social Media 88

Social Media Blogging Publishing Marketing 88

Technology & Marketing Law Blog

OCTOBER 28, 2022

Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook).

Blogging 95

Blogging Cease and Desist Business Litigation 95

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. RIPTwitter. * * * Most readers should stop reading the blog post here. Breach of Contract Twitter’s TOS bans scraping.

Litigation 94

Litigation Contracts Advertising Advertising 94

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts. I’ve blogged 100+ posts so far this year. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws?

Editing 95

Editing Social Media Blogging Advertising 95

SpicyIP

AUGUST 1, 2023

Supervising communication strategy of the programme’s work and activities to various audiences through reports, outreach materials, social media, updates for newsletters, blogs, and websites etc. The contract may be terminated by providing a 15 day notice from either side. No additional benefits/perks will be provided.

Intellectual Property Law 93

Intellectual Property Law Intellectual Property Contracts Social Media 93

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

IPilogue

JULY 28, 2022

Record labels, like several companies, have turned to TikTok and other social media platforms to market their products. Since radio and television have mostly lost their influence among the younger generation, it is important for record labels to utilise social media platforms, like TikTok to engage their fanbase.

Music 117

Music Social Media Marketing Marketing 117

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Any contract should therefore include language that ensures the influencer will comply with the applicable disclosure requirements.

Marketing 57

Marketing Marketing Contracts Branding 57

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

Publishing 103

Publishing Social Media Blogging Law 103

Technology & Marketing Law Blog

MARCH 21, 2022

Eugene Volokh’s blog post that was endorsed by Justice Thomas. Building off the Railway Employees v Hanson and Denver Area cases and Volokh’s blog post, Huber claimed that Section 230 was unconstitutional. See this blog post for more. In his blog post, Prof. This case had two minor twists. Section 230.

Social Media 130

Social Media Blogging Government Publishing 130

Technology & Marketing Law Blog

DECEMBER 7, 2022

See my blog post on the lower court ruling. Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. YouTube defended on Section 230 and other grounds.

Contracts 142

Contracts Publishing Law Government 142