Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.”

Contracts 119

Contracts Design Designs Law 119

IPilogue

JANUARY 5, 2023

On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming. Moreover, competition between music streaming services and the digitization of the market improved consumer outcomes greatly, though creators still had concerns about their earnings from streaming.

Music 105

Music Marketing Marketing Reporting 105

Technology & Marketing Law Blog

JANUARY 18, 2025

In each case, the publisher XXL (a publisher of hip-hop related news) reported on the videos and embedded the video and included a screenshot. ” Nature of work: “The original Jordan video was published online and depicted factual and newsworthy events.”

Copyright 96

Copyright Social Media Licensing Fair Use 96

Kluwer Copyright Blog

JUNE 21, 2022

In my project, You Can Play (see also working paper here ), I explore how contract, rather than copyright, is the key enabler of user creativity in this industry. Commercial’ use is instead more narrowly construed by game publishers to mean use for the benefit of a company (e.g.,

Contracts 93

Contracts Copyright All Rights Reserved Publishing 93

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands.

Marketing 81

Marketing Marketing Brands Branding 81

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * The post was published on the shop’s social media account, a platform often used for advertising and promotional purposes. The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. FTC cracks down on live reads on the radio. * Comptroller , No.

Privacy 116

Privacy Marketing Marketing Social Media 116

The IPKat

OCTOBER 28, 2024

The International Publishers Association (IPA) will hold the 34th International Publishers Congress from 3 to 6 December 2024 in Guadalajara, Mexico. More information is available here. 34th IPA Congress. Geographical Indications Conference ‘Safeguarding our Heritage, Cultivating our Future’. Review the report here.

Intellectual Property 69

Intellectual Property Editing IP Publishing 69

TorrentFreak

NOVEMBER 8, 2024

Based on input from industry groups including the MPA, BPI/IFPI, FACT, and the Publishers Association, operators of pirate sites are engaged directly by officers from PIPCU. The process began late 2023 with a soft market testing exercise followed by the publication of the listing above mid-April 2024.

Advertising 104

Advertising Advertising Intellectual Property Social Media 104

Technology & Marketing Law Blog

DECEMBER 7, 2022

The resulting state court lawsuit has reinforced the Prager Effect, producing another published opinion thoroughly rejecting every argument advanced by Prager and expanding services’ legal protections for their moderation decisions. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 145

Contracts Publishing Law Government 145

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

A dispositive legal question is whether or not the Facebook accountholders “published” the users’ allegedly defamatory comments. The lower court held that the accountholders did publish the users’ comments. If not, then the parties stipulated that the defense wins.

Publishing 105

Publishing Social Media Blogging Law 105

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Publisher/Speaker Claims. Twitter for this intersection of Section 230 and contract breach claims. & Prof. ICS Provider.

Contracts 128

Contracts Advertising Advertising Publishing 128

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.

Related Rights 81

Related Rights Publishing Licensing Contracts 81

JD Supra Law

DECEMBER 14, 2023

In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers alike.

Contracts 79

Contracts Advertising Advertising Brands 79

Technology & Marketing Law Blog

AUGUST 31, 2023

. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.” Contract Breach. ” Cite to King v.

Contracts 124

Contracts Social Media Blogging Publishing 124

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

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. Attempts to resurrect it were unsuccessful. The negligence claims fail for lack of alleged duty.

Contracts 119

Contracts Publishing Blogging Government 119

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. Some of the key regulatory recommendations are discussed in this post. Plot twist!

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

JULY 22, 2022

Publisher/Speaker Claims. “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” This covers the breach of contract claim too. Contract breach. Dorsey appeared first on Technology & Marketing Law Blog.

Contracts 116

Contracts Publishing Blogging Marketing 116

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. Breach of Contract. Apple appeared first on Technology & Marketing Law Blog.

Reporting 119

Reporting Law Contracts Advertising 119

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

Contracts 98

Contracts Design Designs Publishing 98

Kluwer Copyright Blog

DECEMBER 12, 2022

The European Federation of Academies of Sciences and Humanities (ALLEA) has for many years supported the move away from proprietary models of scientific publishing towards Open Access (OA). [1] As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.

Copyright 130

Copyright Publishing Journalism Art 130

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. We selected the Scientific Publishing industry to better understand how the obligations under art. There are numerous commercial Scientific Publishers and Stock Images providers. In this fragmented landscape, self-regulation (e.g.,

Publishing 98

Publishing Art Licensing Copying 98

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. The only question at issue is whether the lawsuit treats Facebook’s refusal as a publisher/speaker action. That is a quintessential publishing decision for which Facebook is “perforce immune.” In our Advertising & Marketing Law casebook, Prof.

Contracts 105

Contracts Marketing Marketing Publishing 105

Kluwer Copyright Blog

FEBRUARY 13, 2024

In 2022, in the UK Parliament, the Digital, Culture, Media and Sport Select Committee, in its final report on the Economics of Music Streaming , made a number of recommendations, including speedy adoption of reversion and contract adjustment rights so that UK artists do not fall behind their European counterparts.

Contracts 72

Contracts Music Government Reporting 72

Technology & Marketing Law Blog

MARCH 24, 2022

” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. ” Daystar sued Vimeo in NY state court for breach of contract and unjust enrichment. .” Contract Breach Claim. The appellate court affirms.

Contracts 139

Contracts Television Blogging Publishing 139

Kluwer Copyright Blog

APRIL 2, 2025

Many creative markets operate on an exclusive licensing model book and music publishing contracts typically involve exclusive licenses of rights for the duration of copyright, which is 50 years after the authors death and will soon be twenty years more following NZs free trade agreements with the UK and EU.

Copyright 52

Copyright Moral Rights Artwork Licensing 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

The term encompasses a variety of special regimes empowering (or obliging) authors to retain some of the usage rights over their publicly funded works vis-à-vis scientific publishers in order to facilitate open access to scientific literature. The provision also did not provide for an embargo period.

Publishing 132

Publishing Contracts Art Copyright 132

Plagiarism Today

AUGUST 23, 2022

In that regard, The Galaxy study mirrors one by Cornell University and the Initiative for CryptoCurrencies and Contracts that was published in January. This is especially true now that the NFT market has shrunk so profoundly. NFTs failed to create scarcity because there is no limit on who can create NFTs.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. Fortunately, solutions were already available on the market to allow people to access the content they needed online in the form of licences.

Copyright 122

Copyright Publishing Marketing Marketing 122

Technology & Marketing Law Blog

JULY 9, 2024

The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. Among other reasons, “her negligence claim treats defendants as the publishers of the harassing posts.” In a mild surprise, the panel revives her breach of contract claim.

Contracts 98

Contracts Privacy Blogging Publishing 98

TorrentFreak

MARCH 24, 2025

It has been unable to secure a long-term broadcasting contract to guarantee its financial stability. “The proliferation of matches and competition from other audiovisual content, both sporting and non-sporting, creates an overabundance of content that challenges the balance of the football audiovisual exploitation rights market.”

Advertising 62

Advertising Advertising Marketing Marketing 62

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.

Contracts 133

Contracts Publishing Licensing Editing 133

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. One reason is that many influencer marketing campaigns allow the brand to measure the return on investment.

Social Media 52

Social Media Brands Branding Branding 52

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. Grindr , Ynfante v.

Contracts 98

Contracts Publishing Marketing Marketing 98

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing 59

Publishing Law Contracts Licensing 59

Technology & Marketing Law Blog

FEBRUARY 27, 2024

AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. The court easily brushes this aside, saying “this Court does not think that a law prohibiting minors from contracting to access to a plethora of protected speech can be reduced to a regulation of commercial conduct.”

Social Media 105

Social Media Law Contracts Publishing 105