Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 86

Social Media Law Contracts Designs 86

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. The Plaintiff, August Image LLC (“August”) is a photographic syndication agency based in New York, USA.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

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. As with many aspects of copyright, the only way to get a definitive answer on a fair use question is to have a case go to court and have either a judge or a jury decide the outcome.

Fair Use 242

Fair Use Non-Fungible Tokens Copyright Social Media 242

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).

Contracts 87

Contracts Social Media Blogging Law 87

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. Instead, as described by the district court in Nosal II , “[t]he common definition of the word ‘access’ encompasses not only the moment of entry, but also the ongoing use of a computer system.”

Blogging 89

Blogging Cease and Desist Business Litigation 89

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. Freedom to negotiate.

Publishing 81

Publishing Contracts Social Media Art 81

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

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

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

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. Unfortunately, until we get a definitive Supreme Court ruling, these pro-censorship arguments will continue to swirl. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. This case had two minor twists.

Social Media 124

Social Media Blogging Government Publishing 124

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. dotStrategy Co v. Parker, 2022 WL 17403220 (D.D.C.

Privacy 101

Privacy Marketing Marketing Social Media 101

LexBlog IP

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 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

JUNE 22, 2023

If my blog qualifies as an eligible DJP, the definition of DJPs is surely over-inclusive. Broadcasters qualify as DJPs if they: have the specified FCC license, engage journalists (like the factor above), update content at least weekly, and have error correction processes (like the factor above). .” Free Speech L. 127 (2022).

Journalism 92

Journalism Social Media Publishing Government 92

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman later licensed “Invincible” television rights to Amazon Studios and denied the existence of a oral agreement to give Crabtree a share of the revenue. The Copyright Act’s definition of joint work focuses only on the co-creators’ intent to merge their individual contributions into a single unitary work.

Ownership 65

Ownership Television Copyright Copyright Notice 65

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 136

IP Intellectual Property Copyright Trademark 136

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? We don’t have definite caselaw.

Copyright Law 40

Copyright Law Law Copyright Art 40

Technology & Marketing Law Blog

JUNE 27, 2022

” [Note: it’s not clear how this bill situates into the CPRA, but I think the CPRA’s “business” definition applies.]. 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? What’s Required.

Privacy 140

Privacy Designs Design Business 140

Kluwer Copyright Blog

MAY 17, 2023

However, fragmentation is still caused by the oft-substantial difference in definitions, specificities and conditions of applicability. When Member States transpose the provision they follow the EU model, but for some instances, such as the definition of the purposes of the exception (e.g. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 112

IP Copyright Trademark Intellectual Property 112

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 92

Social Media Ownership Contracts Privacy 92

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. May 20, 2021) (R&R) renting existing equipment; Pine was formerly one of Proactive’s licensed distributors for the pumps. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 112

Social Media Reporting Government Law 112