JD Supra Law

FEBRUARY 7, 2024

The ability for users to leverage an extensive music database has, in large part, allowed TikTok to become one of the most used social media platforms in the world, and its influence in the global music business has been monumental. By: Polsinelli

Music 84

Music Social Media Business Contracts 84

Traverse Legal Blog

SEPTEMBER 20, 2024

“Influencer Marketing” and “Social Media Brand Endorsement” have become big business. Our law firm represents some of the business’s largest social media marketing agencies and influencers. This means they also own and need to license the copyright to the brand.

Social Media 52

Social Media Branding Branding Brands 52

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 138

Social Media Contracts Advertising Advertising 138

JD Supra Law

MAY 12, 2023

Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media influencer. By: Ward and Smith, P.A.

Social Media 52

Social Media Contracts Business 52

LexBlog IP

FEBRUARY 10, 2022

Things went south, however, when JLM tried to renegotiate the parties’ deal by expanding the designer’s social media job duties. When negotiations fell apart, the designer locked JLM out of her brand’s social media page, and she started a new social media account under a slightly different trade name.

Social Media 52

Social Media Design Designs Branding 52

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

Social Media 98

Social Media Contracts Ownership Business 98

IIPRD

AUGUST 4, 2022

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. One of the most significant methods to safeguard material on social media is through copyright.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

JANUARY 26, 2022

JLM Couture v Hailey Paige Gutman : Second Circuit decision involving an intellectual property dispute between a high-profile influencer and her business partner. The parties are now fighting over control and ownership of certain social media accounts created during the pendency of Ms. Hayley Paige is a bridal gown designer.

Social Media 52

Social Media Ownership Contracts Intellectual Property 52

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. May 9, 2024).

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

IPilogue

JULY 28, 2022

A Record Label is a Business. Record labels, like several companies, have turned to TikTok and other social media platforms to market their products. As a business, their priority is to profit from their artists’ music — their products. TikTok’s rise in popularity has undoubtably reshaped the music industry.

Music 117

Music Social Media Marketing Marketing 117

IPilogue

MARCH 1, 2022

On the one hand, social media has enabled global sharing of news and creative media. This article features three artists I met over the course of my research: Kaitlin Chan (they/she), an autobiographical cartoonist from Hong Kong; Tabathia Smith (she/her), a laser-cutting small business owner; and.

Social Media 105

Social Media IP Business Branding 105

TorrentFreak

MARCH 21, 2024

anywhere where they’re reliant on services operated by businesses that already comply with the law and are more likely to take action. Technical solutions may face compliance and regulatory issues, while pirate adversaries remain light on their feet by ignoring them all.

Social Media 121

Social Media IP Registration Law 121

Technology & Marketing Law Blog

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. “Defendant Google is a private business, not a state actor.” 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.

Social Media 107

Social Media Contracts Blogging Litigation 107

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

The IPKat

MARCH 11, 2024

The promotion of items on social media by celebrities and influencers is commonplace for companies. This included interest in the shoes she was wearing on the day she signed the contract with Puma. However, these collaborations or partnerships don't always work out as they should. The design application is dated 26 July 2016.

Social Media 58

Social Media Design Designs Settlement 58

TorrentFreak

APRIL 16, 2024

The complaint mentioned that Matienzo describes herself as an “archivist” and uses the handle “anarchivist” on social media. For one, it notes that the Ohio court has no jurisdiction over the defendant, who has never conducted business in the state. Secondly, the complaint only sparsely mentions Matienzo.

Social Media 122

Social Media Publishing Contracts Copying 122

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. Personally, I’m very willing to believe that Butz walked into this business with a limited understanding of copyright and that much of this was not malice on his part.

Fair Use 250

Fair Use Non-Fungible Tokens Copyright Derivative Work 250

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

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 98

Contracts Design Designs False Advertising 98

Kluwer Copyright Blog

MAY 11, 2023

Previously, no legislative framework existed in Ireland for qualified users such as educational establishments and cultural heritage institutions to pursue these public policy goals in digital settings (see Department of Business, Enterprise and Innovation public consultation on the transposition of Directive).

Copying 103

Copying Copyright Law Copyright Social Media 103

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

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. Parker, 2022 WL 17403220 (D.D.C.

Privacy 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. At the time of passage, I’m not sure how many businesses were actually using contracts to control their customers’ reviews, but it was a growing trend.

Contracts 81

Contracts Social Media Business Blogging 81

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

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

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 111

Contracts Privacy Social Media Advertising 111

Technology & Marketing Law Blog

DECEMBER 7, 2022

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. the same “Good Samaritan” screening that Congress has elected to protect from liability under state law.

Contracts 145

Contracts Publishing Law Government 145

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

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 105

Litigation Contracts Advertising Advertising 105

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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

Copyright 133

Copyright Ownership Social Media Licensing 133

Technology & Marketing Law Blog

MARCH 28, 2023

The first wrinkle hits at what many perceive as the hypocrisy of Meta, which, despite owing its foundation to web scraping, has done more to bend the law of web scraping to its will than any other business. And then once it got traction, it pivoted to a more-savory business model. Before Meta was Meta, it was Facebook.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Trading Secrets

MARCH 22, 2022

Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. JLM Couture, Inc. Gutman , 24 F.4th 4th at 789.

Social Media 59

Social Media Contracts Confidentiality Business 59

LexBlog IP

APRIL 17, 2023

In recent years, cybersecurity has become a significant concern for businesses of all sizes across the United States, and Florida is no exception. Below are the top five cybersecurity concerns for Florida businesses: Phishing Attacks. In Florida, phishing attacks are one of the most common types of cyber attacks that businesses face.

Business 52

Business Social Media Confidentiality Technology 52

LexBlog IP

FEBRUARY 16, 2024

Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Like Patrick + Brittany and Travis + Taylor: Partnerships Are Key Nowadays, celebrities and social media influencers are more business savvy.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. Ayala specifically references Defendants’ statements that they “pre-screened local tour operators” and ‘”pre-vet them all’ to ensure an exceptional experience.” Blossoms & Blooms, Inc.

Social Media 137

Social Media Publishing Marketing Marketing 137

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 64

Blogging Social Media Law IP 64