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 97

Blogging Contracts Intellectual Property Social Media 97

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. about your goods, products or services”).

Advertising 62

Advertising Advertising Settlement Contracts 62

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. It’s a creative photo, but it was published. Market Effect. “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.”

Copyright 143

Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Publisher/Speaker claims. Twitter appeared first on Technology & Marketing Law Blog. ” Cite to Mezey v. Twitter Corporate Office , 2023 WL 8452200 (S.D.N.Y.

Social Media 83

Social Media Blogging Publishing Marketing 83

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 138

Contracts Publishing Law Government 138

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

TorrentFreak

MARCH 21, 2024

The European Commission’s Recommendation (Toolbox) published on Tuesday, focuses on just that by providing guidance on enforcement, suggesting priority actions, and encouraging use of existing anti-counterfeit/anti-piracy tools. One key to success for rightsholders is to exploit pirates where they’re most vulnerable, i.e

Social Media 96

Social Media IP Registration Law 96

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 138

Music Contracts Reporting Marketing 138

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 62

Contracts Social Media Publishing Blogging 62

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

AUGUST 2, 2021

For my thoughts about self-publishing an ebook casebook, see this article. I did not add coverage of the Florida social media censorship law or NetChoice v. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. Weis Markets.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JANUARY 5, 2023

19, 2021): The claims in the Second Amended Complaint seek to hold Defendants liable for content created and published by Defendants, not a third party who then posted it on their website. ” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. ” * Fleites v. July 28, 2022).

Social Media 117

Social Media Publishing Marketing Marketing 117

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Books and Academic Articles. Regulation of Political Advertising (2022 Edition).

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. I previously blogged the TRO.

Social Media 84

Social Media Law Contracts Publishing 84

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 106

Social Media IP Business Branding 106

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination.

Contracts 95

Contracts Social Media Advertising Advertising 95

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. .

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. .

Social Media 52

Social Media Branding Brands Branding 52

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.” I also question if the law can restrict publishers’ ability to discriminate in their editorial decisions. Case citation : Newman v.

Contracts 88

Contracts Social Media Blogging Law 88

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. For all brands and marketers, the purpose driven element is critical. And for brands, it’s the same.”

Branding 40

Branding Brands Branding Social Media 40

43(B)log

NOVEMBER 28, 2022

They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

Technology & Marketing Law Blog

JANUARY 25, 2023

The court held that the photographer, and not the group or other members, held the copyright, so the group’s posting of the photos to social media could infringe. However, the fact the publishers didn’t ask at all could be a defect in their rights clearance process. The complaint. –Shah v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 101

Social Media Law Blogging Publishing 101

CopyrightsWorld

MARCH 30, 2021

If you ask any professional working on digital marketing what is the most valuable online asset for a business, you’ll get pretty the same answer. Recent studies reveal that there are over 5 billion blogs and 7 million blog posts are published every day! Which ones? And what are the top 3 the most valuable professionals? Obviously no.

Copyright 74

Copyright Ownership Blogging Intellectual Property 74

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Do the streaming services allow users to make copies and is this type of software legal?

Copying 116

Copying Social Media Licensing Technology 116

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

LexBlog IP

JANUARY 19, 2024

This stance raises the prospect of web scraping of personal data for AI training in breach of (say) a website’s terms of use being a breach of the UK GDPR in addition to (and because of) the underlying breach of contract. million or 4% of the worldwide turnover). [7] through use of output filters). What’s Next?

Law 52

Law Social Media Contracts Intellectual Property 52

43(B)log

OCTOBER 25, 2021

Bantam Doubleday Dell Publishing Group, Inc., For one thing, the only reason the Rogers court even contemplated liability for noncommercial speech was the special marketing role played by titles in particular. The defendants’ target market—a national television audience—far exceeds the reach of the plaintiffs’ goodwill.

Artistic Work 57

Artistic Work Social Media Television Trademark 57

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

Publishing 100

Publishing Social Media Blogging Law 100

Kluwer Copyright Blog

APRIL 14, 2022

By introducing the press publishers’ right in art. 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. Introduction. The reality is, however, more complex. 15 CDSM Directive.

Publishing 81

Publishing Contracts Social Media Art 81

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Booking Holdings is the parent company of multiple OTAs that publish fare data and sell Ryanair flights in purported violation of Ryanair’s terms of service. –RyanAir v.

Blogging 90

Blogging Cease and Desist Business Litigation 90

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 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. Comptroller , No.

Privacy 102

Privacy Marketing Marketing Social Media 102

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 102

Copying Copyright Law Copyright Social Media 102

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Berenson sued Twitter. Section 230.

Social Media 110

Social Media Contracts Government Publishing 110

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. Other TDM projects have examined social media and other online sources to track and explain COVID-19 vaccination hesitancy, and to identify High-Risk COVID-19 patients. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 120

Copyright Social Media Publishing Licensing 120

Intepat

JUNE 13, 2024

This rampant unauthorized copying, known as design piracy, undermines the economic value of industries by diluting the uniqueness of original designs and reducing the market advantage of legitimate creators. The infringer must pay up to INR 25,000 for each instance of piracy, recoverable as a contract debt.

Designs 52

Designs Design Branding Brands 52