Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. The court spends 20 pages analyzing the arguments.

Contracts 111

Contracts Privacy Social Media Advertising 111

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

Copyright 131

Copyright Ownership Social Media Licensing 131

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. A special note about customer data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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 102

Copying Copyright Law Copyright Social Media 102

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 98

Editing Social Media Blogging Advertising 98

IPilogue

JULY 28, 2021

An entity’s unauthorized use of a photographer’s image engages many legal issues: invasion of privacy , defamation , and violation of the right of publicity , to name a few. Section 13(3) states that if the photographer was contracted for work, the photos taken belong to their employer. The Legal Side.

Copyright Infringement 111

Copyright Infringement Copyright Social Media Ownership 111

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.

Contracts 119

Contracts Social Media Advertising Advertising 119

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 105

Litigation Contracts Advertising Advertising 105

IPilogue

APRIL 4, 2022

Her privacy has been repeatedly invaded by complete strangers since childhood. Throughout her life, perfect strangers have invaded her privacy without regard for her emotional wellbeing. A letter was then sent to Elsevier briefing them on the serious privacy impacts of the use of Mariana’s name and image in their publications.

Privacy 119

Privacy Publishing Journalism Copyright 119

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.

Advertising 64

Advertising Advertising Settlement Contracts 64

IP and Legal Filings

AUGUST 10, 2024

It talks about the matters like employment being at stake, efficiency and transparency, worker privacy, inclusive technological adoption and collective bargaining in contemporary world. The labour contract that unites a union representing employees and the employer, or management.

Social Media 88

Social Media Privacy Technology Contracts 88

Technology & Marketing Law Blog

DECEMBER 13, 2024

In a November ruling, a magistrate judge notes that the lawsuit appears to be the first of its kindone in which a social media influencer accuses another influencer of (among other things) copyright infringement based on the similarities between their posts that promote the same products. Sydney Nicole LLC v. Sydney Nicole LLC v.

Blogging 64

Blogging Social Media Law IP 64

Technology & Marketing Law Blog

JULY 20, 2021

He shared this story on social media with the “#airbnbwhileblack” hashtag, which went viral. Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.”

Social Media 111

Social Media Design Designs Blogging 111

Technology & Marketing Law Blog

AUGUST 27, 2024

These duties do not derive from or even require publishing—they arise from Defendants’ alleged possession, use, and/or dissemination of biometric data without notice or consent Cite to the federal Social Media Addiction ruling. The court shrugs its shoulders.

Social Media 98

Social Media Blogging Publishing Government 98

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

SpicyIP

JULY 27, 2021

It seeks to protect and expand the right to freedom of speech, right to dignity and equality, right to assembly and association, and the right to privacy in the digital age, through rigorous academic research, policy intervention, and capacity building. Programme Officers and Project/Programme/Team Lead/Manager.

Government 105

Government Editing Privacy Technology 105

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. The Karnataka and Orissa High Courts too have dealt with similar matters.

IP 143

IP Intellectual Property Copyright Trademark 143

Copyright Lately

OCTOBER 6, 2024

While these deals may be standard entertainment industry practice, they’re more about avoiding headaches—like defamation or privacy claims—than securing any exclusive control over someone’s life story. Drop me a line in the comments below or @copyrightlately on your least-despised social media platform.

Art 120

Art Copyright Copying Copyright Law 120

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. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

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

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. NFTs also may embody or use trademarks. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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. This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. One of the individual defendants is “a social media personality and model who became well-known for her photos and videos, and who has also started an agency to provide management services to other models and influencers.”

Web Development 45

Web Development Social Media Copying Copyright 45

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. This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

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 52

IP Artwork Contracts Intellectual Property 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 45

Fair Use Contracts Litigation Copying 45

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. NFTs also may embody or use trademarks. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Intepat

FEBRUARY 7, 2023

The conventional internet and social media, as we know it, is referred to as the Web2.0 – Data protection and privacy issues. These must further be accompanied by contracts to ensure that one’s intellectual asset is not infringed upon by another. The primary distinction between the two is that while Web2.0

IP 52

IP Law Invention Licensing 52

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Europeans don’t think the regulators will be unreasonable.

Law 40

Law Privacy Litigation Social Media 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 Design 111

IPilogue

JUNE 1, 2022

Prior to the Covid-19 pandemic, academic discussions indicated that artificial intelligence (AI) would signify the fourth industrial revolution with tangible economic benefits and potential privacy concerns. Nowadays, privacy concerns exceed personal information protection. .

Privacy 104

Privacy Social Media Ownership Business 104

Technology & Marketing Law Blog

JULY 12, 2022

e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. The Florida and Texas social media censorship laws and the associated court challenges. Social Media. Primer on FOSTA.

Editing 145

Editing Law Social Media Privacy 145

Kluwer Copyright Blog

APRIL 15, 2024

Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g. Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement).

Licensing 102

Licensing Social Media Contracts Privacy 102

IPilogue

JULY 9, 2021

In 2015, Austrian law student and privacy activist, Maximillian Schrems, sued Facebook Ireland for what he alleged to be an unlawful transfer of data from Facebook Ireland to Facebook’s headquarters in the United States. law can order social media companies to provide such data to the U.S. In other words, the U.S.

Privacy 105

Privacy Contracts Social Media Government 105

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 145

Privacy Design Designs Business 145

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80