Blog, Privacy and Social Media - Intellectual Property Pulse

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Today, I’m covering AB 2408, a performative “protect kids online” bill that kick kids off social media entirely and ruin the Internet for adults too.

Social Media

Social Media Blogging Privacy Government

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. We blogged this case twice before. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

Social Media

Social Media Ownership Business Branding

Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes

Technology & Marketing Law Blog

SEPTEMBER 11, 2024

Utah’s Minor Protection in Social Media Act contains two major provisions. First, it requires social media companies to conduct age assurance of their users to a 95% accuracy rate, along with an appellate process for misclassified users. Utah argued that the law doesn’t suppress any specific topic.

Social Media

Social Media Privacy Reporting Law

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Technology & Marketing Law Blog

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. Despite the importance of those Fall 2023 rulings, I never blogged either.

Social Media

Social Media Publishing Designs Design

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

Social Media

Social Media Ownership Designs Design

2023 Quick Links: Social Media

Technology & Marketing Law Blog

JANUARY 15, 2024

” BBC : Facebook’s growth not linked to psychological harm, study finds * Science : How do social media feed algorithms affect attitudes and behavior in an election campaign? Plaintiffs have not submitted the Resort’s pages on third-party travel websites or presented social media posts. Kallinen v.

Social Media

Social Media Advertising Advertising Publishing

Who Owns Social Media Accounts?–In re Bang Energy Drinks

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. See Musk, Elon).

Social Media

Social Media Ownership Marketing Marketing

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

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

Social Media Law Blogging Publishing

Reusing Social Media Photos for Ads? Be Careful!–Khachatryan v. 1 Hotel

Technology & Marketing Law Blog

JUNE 20, 2024

June 14, 2024) The post Reusing Social Media Photos for Ads? 1 Hotel appeared first on Technology & Marketing Law Blog. Case Citation : Khachatryan v. 1 Hotel West Hollywood LLC , 2024 WL 3015504 (C.D. Be Careful!–Khachatryan –Khachatryan v.

Social Media

Social Media Copyright Licensing Advertising

Announcing the 2020-2021 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

IPilogue

JULY 19, 2021

IP Osgoode would like to congratulate the winners of the Gowling WLG Best Blog in IP Law and Technology Prize for 2020-2021. Four prizes in total are awarded each year to Osgoode students and the winning blog posts are featured in the IPilogue. Best Blog Comment : We did not award a winner for this category.

Blogging

Blogging Technology IP Law

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

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. “ Privacy. * ” * Williams v.

Privacy

Privacy Marketing Marketing Social Media

Augmented Reality Filters May Violate Privacy Law–Hartman v. Meta

Technology & Marketing Law Blog

SEPTEMBER 18, 2024

This case involves augmented reality (AR) effects/”filters” that people can use to doctor up images and videos on social media, such as the ability to add virtual bunny ears, flower crowns, or cat whiskers to people in the image or video. To some privacy lawyers, this is a prima facie violation of BIPA. Martell v.

Privacy

Privacy Law Social Media Blogging

Announcing the 2021-2022 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

IPilogue

JULY 18, 2022

Best Blog in IP Law and Technology Prize for 2021-2022. Four prizes in total are awarded each year to Osgoode students and the winning blog posts are featured in the IPilogue. Gowling WLG Best Blog in IP Law and Technology Prize? Best Blog: Kwangil (David) Park: What is a Method of Medical Treatment? . Gowling WLG ?Best

Blogging

Blogging Technology IP Law

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Technology & Marketing Law Blog

JUNE 7, 2022

July 7, 2020): “The privacy policy includes a section titled “Rights of California Residents,” which addresses requirements of the California Consumer Privacy Act (“CCPA”), Cal. ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. Voodoo SAS v. SayGames LLC, 2020 WL 379165 (N.D.

Privacy

Privacy Social Media Litigation Business

Hey—You’re Muted! Privacy in the Zoom-Era

IPilogue

AUGUST 27, 2021

Privacy has been a reoccurring issue debated across the world as virtual communication is no longer seen as an option but essential to working remotely during a pandemic. Not only does this violate our privacy rights, but it also creates a bigger ethical dilemma within the economic market. Zoom: The 2020 Icon of Remote Work.

Privacy

Privacy Social Media Confidentiality Business

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Intepat

NOVEMBER 8, 2024

The Threat of Creative Theft Creative theft poses a significant challenge for independent artists, manifesting as the unauthorized appropriation of original works through reposts, remixes, and style imitations on social media platforms. Employ social media monitoring tools that alert you whenever your work appears on other platforms.

Social Media

Social Media Copyright Ownership Copyright Law

A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 18, 2024

Creators, a term which I and many in the creator economy agree includes influencers, is a unique and distinct set of end users that generate content on platforms (or online service providers or social media platforms). If not, then the creator economy will continue to be an unbalanced ecosystem that fails to reach its full potential.

Blogging

Blogging Reporting Privacy Branding

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Intepat

NOVEMBER 4, 2024

The Threat of Creative Theft Creative theft poses a significant challenge for independent artists, manifesting as the unauthorized appropriation of original works through reposts, remixes, and style imitations on social media platforms. Employ social media monitoring tools that alert you whenever your work appears on other platforms.

Social Media

Social Media Copyright Ownership Copyright Law

Minnesota Wants to Ban Under-18s From User-Generated Content Services

Technology & Marketing Law Blog

MAY 11, 2022

Furthermore, the age authentication process would expose both under-18s and adults to extra privacy and security risks. The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated What The Bill Says. generated content.”

Social Media

Social Media Privacy Law Government

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback

IPilogue

SEPTEMBER 7, 2021

In August, Apple made headlines by introducing new privacy features in their upcoming software updates. Over the years, Apple has cultivated a strong reputation as a protector of consumer privacy. One of their core values and popular marketing point s is that “privacy is a fundamental human right.”

Privacy

Privacy Technology Reporting Branding

“Sharenting and Family Law”: The Potential Consequences of Oversharing Your Children’s Lives on Social Media

Nelligan Law

MARCH 29, 2023

Parents who share every aspect of their children’s lives on social media often do so with the intention of celebrating their children’s milestones and achievements, but they may not realize the potential consequences of their actions. Reading Time: 3 minutes What is “sharenting”? Get consent.

Social Media

Social Media Law Privacy Blogging

Snapchat Isn’t Liable for a Teacher’s Sexual Predation–Doe v. Snap

Technology & Marketing Law Blog

JULY 8, 2022

First, Snapchat may not have had the legal right to snoop into the conversation due to the ECPA and other privacy laws, so there’s no way for Snapchat to tell if the conversation was about helping with homework or sexual grooming. Snap appeared first on Technology & Marketing Law Blog. July 7, 2022). The complaint.

Social Media

Social Media Designs Design Privacy

Regulations and Restrictions for AI Facial Recognition Tech in Canada

IPilogue

OCTOBER 12, 2021

Clearview’s AI crawls the internet and can access, download, and store any image uploaded to social media. Many social media companies, including Google, Facebook, and Twitter, have accused Clearview of utilizing user images without authorization. Regulations and Restrictions.

Social Media

Social Media Privacy Technology Reporting

Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2024

In a November ruling, a magistrate judge notes that the lawsuit appears to be the first of its kindone in which a social media influencer accuses another influencer of (among other things) copyright infringement based on the similarities between their posts that promote the same products. Sydney Nicole LLC v. Sydney Nicole LLC v.

Blogging

Blogging Social Media Law IP

Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

Social Media

Social Media Privacy Designs Design

5 Important Takeaways from the 2023 #shifthappens Conference

JD Supra Law

OCTOBER 23, 2023

Our wide-ranging discussion covered how regulators can address the privacy, security and transparency concerns that underlie this transformative technology. By: Pillsbury - Internet & Social Media Law Blog Alex Tuzhilin, Julia Glidden and Gerry Petrella.

Social Media

Social Media Privacy Blogging Technology

Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

Technology & Marketing Law Blog

DECEMBER 14, 2022

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. When is a video showing content published on social media an advertisement, and when it is a documentary?

Social Media

Social Media False Advertising Advertising Advertising

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

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. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media

Social Media Contracts Ownership Business

Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

JD Supra Law

JULY 18, 2023

By: ArentFox Schiff

Privacy

Privacy Social Media Business Law

My “Summer” 2022 Activities

Technology & Marketing Law Blog

AUGUST 29, 2022

Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts. . __ (forthcoming 2022).

Editing

Editing Social Media Blogging Advertising

Publicity Rights Claim Isn’t Preempted by Section 230–Albert v. Tinder

Technology & Marketing Law Blog

AUGUST 19, 2022

Tinder social media channels.'” Tinder appeared first on Technology & Marketing Law Blog. ” IP Exception. In Almeida v. Amazon , “the Eleventh Circuit has expressly established that the right of publicity is an intellectual property right.” ” Cites to UCS v. LEXIS 139670 (S.D.

Social Media

Social Media Intellectual Property Publishing IP

Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

For example: “If a conflict arises between commercial interests and the best interests of children, companies should prioritize the privacy, safety, and well-being of children over commercial interests.” What are the long-term privacy and security implications of routinized and widespread face scanning?

Designs

Designs Design Privacy Business

2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. A special note about customer data.

IP

IP Intellectual Property Social Media Cease and Desist

Yearbook Defendants Lose Two More Section 230 Rulings

Technology & Marketing Law Blog

DECEMBER 11, 2021

I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry ), and today I’ll blog two more. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Blogging it has been rough!

Advertising

Advertising Advertising Social Media Blogging

Madras HC on the Right to be Forgotten: A Welcome Development? (Part I)

SpicyIP

AUGUST 3, 2021

In my previous post for this blog, (see here ), I discussed an interim order passed by the Delhi HC recognising the petitioner’s Right to be Forgotten (‘RTBF’). A number of arguments were made, drawing from judgments in the EU, the USA, and articles of the GDPR and sections of the PDP Bill.

Privacy

Privacy Social Media Law Blogging

Progress or Impediment? Global Privacy Law’s Impact on the Data-Driven Music Industry

LexBlog IP

JULY 13, 2021

Music is also a vital component of social media platforms, as research displays that nine out of 10 social media users engage in a music related activity on their apps. Taking heed of the GDPR, in early 2020, California passed the California Consumer Privacy Act ( CCPA ).

Privacy

Privacy Music Social Media Law

Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

JULY 24, 2024

While study of social media and online platform private ordering is a very well-established way to find out how providers deal with copyright, data protection and consumer protection, studies of generative AI T&C have been slower to get going. You can find the full report here.

Copyright

Copyright Ownership Social Media Licensing

DC Circuit Upholds Airbnb’s TOS–Selden v. Airbnb

Technology & Marketing Law Blog

JULY 20, 2021

He shared this story on social media with the “#airbnbwhileblack” hashtag, which went viral. Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.” Airbnb appeared first on Technology & Marketing Law Blog.

Social Media

Social Media Designs Design Blogging

AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Amazon

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

Social Media Blogging Publishing Government

National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

IP Tech Blog

MARCH 20, 2023

Consistent with this message, the FTC has been busy rulemaking to address data protection and privacy, disclosures, endorsements and reviews, children’s advertising, and health-related product claims. What Privacy-Related Claims Does Your Company Make? Disclosures, Endorsements, Dark Patterns – Oh, My!

Advertising

Advertising Advertising Reporting Privacy

What Is An Acceptable Use Policy?

Traverse Legal Blog

MAY 1, 2022

Included in a standard AUP are clauses specifying the purpose and scope of the policy, the user’s rights and responsibilities, acceptable uses, prohibited uses, and privacy standards. For example, creative teams and marketing teams may need greater access to certain social media websites to look for trends. Pornography.

Social Media

Social Media Reporting Business Fair Use

Facebook Held Liable For Using Personal Information Without Consent

IPilogue

JUNE 27, 2022

Facebook) was liable under several provincial privacy statutes for using class members’ likenesses without their consent. . Through Sponsored Stories, advertisers pay Facebook to associate their mark on Facebook’s social media website with users that performed certain social actions in connection with the advertiser (e.g.

Privacy

Privacy Social Media Advertising Advertising

A Child’s Right to be Forgotten

IPilogue

APRIL 4, 2022

Her privacy has been repeatedly invaded by complete strangers since childhood. Throughout her life, perfect strangers have invaded her privacy without regard for her emotional wellbeing. A letter was then sent to Elsevier briefing them on the serious privacy impacts of the use of Mariana’s name and image in their publications.

Privacy

Privacy Publishing Journalism Copyright

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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

Copying Copyright Law Copyright Social Media

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Trending Sources

Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

2023 Quick Links: Social Media

Who Owns Social Media Accounts?–In re Bang Energy Drinks

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Reusing Social Media Photos for Ads? Be Careful!–Khachatryan v. 1 Hotel

Announcing the 2020-2021 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Augmented Reality Filters May Violate Privacy Law–Hartman v. Meta

Announcing the 2021-2022 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Hey—You’re Muted! Privacy in the Zoom-Era

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Minnesota Wants to Ban Under-18s From User-Generated Content Services

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback

“Sharenting and Family Law”: The Potential Consequences of Oversharing Your Children’s Lives on Social Media

Snapchat Isn’t Liable for a Teacher’s Sexual Predation–Doe v. Snap

Regulations and Restrictions for AI Facial Recognition Tech in Canada

Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)

5 Important Takeaways from the 2023 #shifthappens Conference

Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

My “Summer” 2022 Activities

Publicity Rights Claim Isn’t Preempted by Section 230–Albert v. Tinder

Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy

2023 IP Resolutions Start with a Review of IP Assets

Yearbook Defendants Lose Two More Section 230 Rulings

Madras HC on the Right to be Forgotten: A Welcome Development? (Part I)

Progress or Impediment? Global Privacy Law’s Impact on the Data-Driven Music Industry

Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

DC Circuit Upholds Airbnb’s TOS–Selden v. Airbnb

AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Amazon

National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

What Is An Acceptable Use Policy?

Facebook Held Liable For Using Personal Information Without Consent

A Child’s Right to be Forgotten

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

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