Contracts, Licensing, Social Media and Technology

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

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

Social Media Publishing Designs Design

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

Technology & Marketing Law Blog

JUNE 20, 2024

The court says “Plaintiffs’ express assent to 1 Hotel’s use of the photograph therefore created an implied license to use the Photograph on Defendant’s “social channels.”” If the consent was legally effective, then it created an express license, not an implied one. ” This is confused. Be Careful!–Khachatryan

Social Media

Social Media Copyright Licensing Advertising

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

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

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.” The court notes the language of section 106 reflects an intent to be “technology-neutral”.

Social Media

Social Media Copyright Fair Use Licensing

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

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

Social Media Law Litigation Blogging

Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)

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. Verio.com, Inc.

Blogging

Blogging Social Media Contracts Technology

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

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

Advertising Advertising Contracts Social Media

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

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

Blogging Contracts Cease and Desist Social Media

How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

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

Contracts Advertising Advertising Social Media

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Technology & Marketing Law Blog

AUGUST 31, 2023

” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. ” Zhang tried the breach-of-contract workaround, but the court says flatly: “There is no exception under Section 230 for breach of contract claims.”

Contracts

Contracts Social Media Blogging Publishing

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

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.” Katherine Von Drachenberg (“Kat Von D”) is a celebrity tattoo artist.

Copyright

Copyright Social Media Fair Use Licensing

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

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

Social Media Contracts Advertising Advertising

Web Scraping for Me, But Not for Thee (Guest Blog Post)

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

Blogging Contracts Intellectual Property Social Media

YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube

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

Contracts Designs Design False Advertising

Avoiding Fumbles and Penalties in California with Influencer Classification

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

Social Media Intellectual Property Contracts Branding

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

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. As a result, CCDH met the first prong of the anti-SLAPP protections that the lawsuit targeted socially important speech.

Litigation

Litigation Contracts Advertising Advertising

Are Your Publicity Rights Protected for the AI Surge?

Traverse Legal Blog

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist

Cease and Desist Licensing Branding Brands

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. 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

Social Media Contracts Ownership Business

The Digital Age of Journalism: My Placement at “The Globe and Mail”

IPilogue

JANUARY 11, 2023

Over the course of my time at The Globe, I gained vast and multidisciplinary experience, but three major themes emerged within my practical and research work: privacy, contracts, and data protection. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism

Journalism Privacy Contracts IP

Dragons’ Den, Series 20 Episode 6

Dragons' Den

FEBRUARY 9, 2023

The Dragons’ ears pricked up when Peter told them that the company had joined the popular social media channel TikTok, where three of their videos had gained 27.7 IP can be ‘licensed-out’ or ‘licensed-in’. You can ‘license-out’ to another company in return for a fee. million views.

Social Media

Social Media Licensing Business IP

Are Your Publicity Rights Protected for the AI Surge?

LexBlog IP

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist

Cease and Desist Licensing Technology Branding

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying

Copying Social Media Licensing Technology

Africa IP highlights 2023: Copyright

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright

Copyright IP Social Media Copyright Infringement

Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter

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

Social Media Blogging Publishing Marketing

Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits

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. Ideal Horizon Benefits appeared first on Technology & Marketing Law Blog.

Contracts

Contracts Social Media Business Blogging

Elucidating the Economics of Music Streaming Recommendations

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music

Music Contracts Reporting Marketing

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

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

Cease and Desist Blogging Contracts Social Media

My “Summer” 2022 Activities

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Analysis of CA AB587). Attorney General.

Editing

Editing Social Media Blogging Advertising

Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn

Technology & Marketing Law Blog

AUGUST 9, 2023

However, in the post-Musk era, LinkedIn has become my #1 social media referral source.] The plaintiff also argued that LinkedIn breached its contract with her. LinkedIn appeared first on Technology & Marketing Law Blog. .” She also claims she suffered financial losses due to the LinkedIn account termination. [I

Contracts

Contracts Social Media Blogging Marketing

The Rise of Influencer Marketing – Contractual Considerations

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. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing

Marketing Marketing Branding Brands

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts

Contracts Social Media Publishing Blogging

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

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. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts

Contracts Publishing Law Government

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? NYP appeared first on Technology & Marketing Law Blog. This case covers similar ground as the uncited Hubay v.

Copyright

Copyright Fair Use Licensing Ownership

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts

Contracts Privacy Social Media Advertising

Fighting Back Against Data Scrapers

LexBlog IP

DECEMBER 22, 2022

The business that got scraped (Genius Media Group, “GMC”) provides an online platform for music enthusiasts who transcribe song lyrics. GMC invested millions of dollars to build its technology and to attract its community of users. GMC properly licenses the right to display, from the copyright owners of the lyrics.

Contracts

Contracts Social Media Copyright Music

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

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

Social Media Law Contracts Designs

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. Meta Platforms, Inc., 2022 WL 4372349 (N.D.

Contracts

Contracts Social Media Advertising Advertising

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

JIPEL Copyright Blog

MARCH 9, 2022

A collaboration between the AGO and Toronto-based digital artist Alex Mayhew, ReBlink sought to exploit cutting-edge technology to provide AGO visitors an opportunity to experience its Canadian and European Collections in an entirely new way. There are clear advantages to the use of these technologies in the museum context.

Moral Rights

Moral Rights Fair Use Art Social Media

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. Davis argued that the TOSes are contracts of adhesion.

Social Media

Social Media Contracts Law Litigation

Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

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). Google appeared first on Technology & Marketing Law Blog.

Contracts

Contracts Social Media Blogging Law

Growth of Virtual Youtubers and IP Complications

IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 6] Stuart D.

IP

IP Artwork Contracts Intellectual Property

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions. MGA Entertainment.

Registration

Registration Fair Use Copyright Designs

Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

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. Everyone can access the system—except those whose technology and services threaten their business model. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging

Blogging Cease and Desist Business Litigation

Principal Cynthia Walden and Associate Sarah Kelleher Author World Intellectual Property Review Article “Selling the Intangible in Fashion: What Does It Mean for Trademark Protection?”

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. As technology and art advance, markets are never far behind. NFTs are only the latest eyebrow-raising trend that involve goods and services that are intangible or intrinsically difficult to value.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Trademark Branding

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

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

Trending Sources

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

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

Web Scraping for Me, But Not for Thee (Guest Blog Post)

YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube

Avoiding Fumbles and Penalties in California with Influencer Classification

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Are Your Publicity Rights Protected for the AI Surge?

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

The Digital Age of Journalism: My Placement at “The Globe and Mail”

Dragons’ Den, Series 20 Episode 6

Are Your Publicity Rights Protected for the AI Surge?

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

Africa IP highlights 2023: Copyright

Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter

Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits

Elucidating the Economics of Music Streaming Recommendations

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

My “Summer” 2022 Activities

Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn

The Rise of Influencer Marketing – Contractual Considerations

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Fighting Back Against Data Scrapers

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

Growth of Virtual Youtubers and IP Complications

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

Principal Cynthia Walden and Associate Sarah Kelleher Author World Intellectual Property Review Article “Selling the Intangible in Fashion: What Does It Mean for Trademark Protection?”

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