TorrentFreak

MARCH 21, 2024

Good practices should be identified, and recommended to all actors, including e-commerce marketplaces, transport and logistic service providers, payment services providers, social media providers, providers of domain name services, etc. Secondly, further cooperation and information sharing should be encouraged.

Social Media 127

Social Media IP Registration Law 127

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account. This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

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. The Italian transposition opted for quite a vague definition of extracts as “any portion of text that still requires the reading of the full press article [in order to be enjoyed]”.

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 105

Copying Copyright Law Copyright Social Media 105

IPilogue

MARCH 1, 2022

On the one hand, social media has enabled global sharing of news and creative media. E: What advice would you give to fellow artists and makers on social media on sharing their work? E: What would you like to see happen in terms of the culture of social media artists and their followers?

Social Media 105

Social Media IP Business Branding 105

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 116

Privacy Marketing Marketing Social Media 116

IPilogue

JUNE 1, 2022

With more businesses developing and using AI-based automated decision-making (ADM) systems, algorithmic discrimination (at work , social media , or public services ) has been in the spotlight (in both the public and governments’ eyes). No specific definition or limit on electronic monitoring. Employers (?25

Privacy 104

Privacy Social Media Ownership Business 104

IP and Legal Filings

APRIL 7, 2025

This blog attempts to unravel these complexities and wrestle with the definitions of trademarks in the hybrid age while providing strategies for businesses to maneuver through this fluid arena. Jurisdiction: how is it applicable where border-crossing digital services exist while physical goods are localized?

Trademark 59

Trademark Branding Brands Branding 59

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

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). Portability as a Consumer Contract Remedy. Unlike the GDPR, the Directives do not provide for a right to have the content sent directly to a new co-contracting party of the consumer’s choice.

IP 94

IP Contracts Social Media Copying 94

Copyright Lately

NOVEMBER 21, 2021

But the less-shiny reality is that this is primarily a contract dispute—a fight about whether the publication rights Quentin Tarantino reserved in his agreement with Miramax include the right to sell digital screenplay scans. Below is a copy of Miramax’s complaint against Tarantino (along with a full copy of his contract).

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

IPilogue

AUGUST 16, 2022

August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. They sought $22,412.45 in damages, which is the total license fee for the photos.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

43(B)log

MARCH 28, 2024

Defendants counterclaimed for payment and damages for breach of contract and bad faith. Under Rhode Island law, policy exclusions must be unambiguous, and ‘contract provisions subject to more than one interpretation are construed strictly against the insurer.’” And a party’s failure to read a contract does not render it unenforceable.

Advertising 64

Advertising Advertising Settlement Contracts 64

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 98

Contracts Social Media Blogging Law 98

43(B)log

JUNE 15, 2022

Shelf space is vital to energy drinks, and so they contract for it, overriding retailers’ allocation discretion. So there was nothing here definitively “capable of being proved false or reasonably interpreted as a statement of fact.” Anyway, Monster failed to show literal falsity definitively.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Copyright Lately

FEBRUARY 6, 2022

The way our smart contracts are written is like the money is always credited to the rights holder’s account and it’s absolutely our aim for them to always get paid, like it’s the mission of the company to help artists create a billion dollars and I think we can get there. So there’s a lot of nuances out there.

Music 98

Music Artwork Social Media Intellectual Property 98

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. The Bottom Line.

Derivative Work 94

Derivative Work Licensing Artwork Contracts 94

LexBlog IP

MARCH 15, 2022

In particular, defendants argued that because Belle Cosmetics made the information available to thousands of network salespeople on Facebook, “the world’s largest social media website,” that information was by definition non-confidential, and could not be a trade secret.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. It is clear that there are many definitions and it was generally difficult to settle on one for something that had been “hyped” so much, noted Dr Guadamuz. There are also problems with smart contracts – contract theft, errors in the code etc.

Ownership 59

Ownership IP Non-Fungible Tokens Intellectual Property 59

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

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 111

Blogging Cease and Desist Business Litigation 111

LexBlog IP

OCTOBER 28, 2021

Amendments to several existing pieces of EU consumer protection legislation, including the Unfair Contract Terms (Directive 93/13/EEC), Price Indications (Directive 98/6/EC), Unfair Commercial Practices (Directive 2005/29/EC) and Consumer Rights (Directive (2011/83/EU). Key changes explored in more detail.

Social Media 52

Social Media Business Contracts Advertising 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. . See here and here. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. . See here and here. .

Social Media 52

Social Media Branding Brands Branding 52

Traverse Legal Blog

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

LexBlog IP

APRIL 25, 2022

” To develop the Report, “Treasury considered a broad definition of high-value art to include tangible, visual art” and “identified functional qualities of visual art.(such ” [25] This is especially true on third-party sales websites (social media marketplaces, eBay, etc.), ” [23].

Art 52

Art Marketing Marketing Due Diligence 52

Intepat

JUNE 13, 2024

Definition of Design Piracy Design piracy refers to the act of unlawfully reproducing or imitating a registered design without the consent of the owner. The infringer must pay up to INR 25,000 for each instance of piracy, recoverable as a contract debt. The total amount recoverable for any single design shall not exceed INR 50,000.

Designs 52

Designs Design Branding Brands 52

LexBlog IP

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

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

Technology & Marketing Law Blog

JUNE 14, 2024

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. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

Social Media 102

Social Media Publishing Design Designs 102

43(B)log

JUNE 29, 2023

It definitely created a regulatory burden that affected competition, but what became of the big promises? Martin Husovec would say it’s definitely not, but under © liability cases, the CJEU would ask whether a diligent operator has followed all necessary precautions and duties—will be tempting to say that failure to comply w/DSA=© liability.

Law 40

Law Privacy Social Media Litigation 40

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. Instagram’s TOS Authorizes Third-Party Embedding of Photos–Sinclair v.

Social Media 140

Social Media Copyright Fair Use Licensing 140

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

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 111

Social Media Law Contracts Designs 111

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 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Analysis of CA AB587).

Editing 98

Editing Social Media Blogging Advertising 98

Technology & Marketing Law Blog

JUNE 22, 2023

If my blog qualifies as an eligible DJP, the definition of DJPs is surely over-inclusive. Does the definition only include CPM-based revenue? Florida and Texas recently imposed similar must-carry obligations in their social media censorship laws. Bhagwat, Why Social Media Platforms Are Not Common Carriers , 2 J.

Journalism 105

Journalism Social Media Publishing Government 105