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 105

Publishing Social Media Blogging Law 105

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

Plagiarism Today

APRIL 4, 2022

For example, a student could write an article for their school paper, post content on social media and then turn in an assignment for their class, all three with different citation standards and norms.

Plagiarism 279

Plagiarism Social Media Contracts Copying 279

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 124

Contracts Social Media Blogging Publishing 124

IIPRD

AUGUST 4, 2022

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. One of the most significant methods to safeguard material on social media is through copyright.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

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

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. “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.” Nature of the Work.

Copyright 145

Copyright Social Media Fair Use Licensing 145

TorrentFreak

APRIL 16, 2024

The site’s operators took more than a year to scrape several terabytes of data and published roughly 700 million unique records online, for free. This ‘metadata’ heist was a massive breakthrough in the quest to archive as much published content as possible online. Matienzo’s alleged ties to Anna’s Archive, or that Ms.

Social Media 127

Social Media Publishing Contracts Copying 127

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

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

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

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

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 105

Intellectual Property Social Media IP Trademark 105

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 127

Social Media IP Registration Law 127

The IPKat

MARCH 11, 2024

The promotion of items on social media by celebrities and influencers is commonplace for companies. This time, photos published on the Instagram account of singer and businesswoman Rihanna to celebrate her appointment as artistic director of the Puma brand did not go unnoticed [ More Rihanna here and here ].

Social Media 59

Social Media Designs Design Settlement 59

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 98

Blogging Contracts Intellectual Property Social Media 98

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.

Social Media 137

Social Media Publishing Marketing Marketing 137

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Publisher/Speaker claims. Even if the plaintiff established a prima facie case, the claims likely would be preempted by Section 230 because he’s suing over content that Twitter didn’t originate.

Social Media 110

Social Media Blogging Publishing Marketing 110

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

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. The need remains for high quality, validated news unavailable from social media. Reprinted with permission.

Law 116

Law Licensing Publishing Intellectual Property 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). 25 employees) to create and publish an electronic monitoring policy. Employers (?25

Privacy 104

Privacy Social Media Ownership Business 104

IPilogue

JANUARY 11, 2023

Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. 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.

Journalism 80

Journalism Privacy Contracts IP 80

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. Copyright Law and DRM.

Copying 145

Copying Social Media Licensing Technology 145

SpicyIP

AUGUST 1, 2023

Supervising communication strategy of the programme’s work and activities to various audiences through reports, outreach materials, social media, updates for newsletters, blogs, and websites etc. The contract may be terminated by providing a 15 day notice from either side. No additional benefits/perks will be provided.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Contracts Social Media 98

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. Parker, 2022 WL 17403220 (D.D.C.

Privacy 116

Privacy Marketing Marketing Social Media 116

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 119

Contracts Social Media Advertising Advertising 119

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 75

Contracts Social Media Publishing Blogging 75

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. Quentin Tarantino reserved publication rights in his “Pulp Fiction” screenplay, which has been published in book form.

Copying 129

Copying Non-Fungible Tokens Contracts Copyright 129

Technology & Marketing Law Blog

AUGUST 27, 2024

The court doesn’t see that either: The CDA is inapplicable because Plaintiff’s BIPA claims do not treat Amazon’s conduct as publishing. Rather, BIPA imposes legally distinct duties to make certain disclosures and obtain consent before obtaining or using biometric information. The court shrugs its shoulders.

Social Media 98

Social Media Blogging Publishing Government 98

The IPKat

APRIL 18, 2022

Artist Four Tet took to social media to announce that its record label, Domino, had requested his music be removed from streaming platforms, amidst a legal dispute over royalties. He seeks a declaration as to the true construction of his contract and monetary relief, capped at £70,000.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

Technology & Marketing Law Blog

MARCH 28, 2023

And when it was FaceMash, it got its first users by scraping and publishing a bunch of online facebook directories without the subjects’ consent. Much digital ink has been spilled on online contract formation; much less on online contract termination. Before Meta was Meta, it was Facebook.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Copyright Lately

OCTOBER 10, 2021

The dispute between writers and former friends Sonya Larson and Dawn Dorland over a short story involving a kidney donation has captured the attention of social media during the past week. Well, that would have been joyful news to me about the middle of December, when I gladly took the first offer that came, and made a contract.

Art 102

Art Contracts Social Media Litigation 102

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 98

Contracts Social Media Blogging Law 98

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.

Copyright 124

Copyright Fair Use Licensing Ownership 124

The IPKat

FEBRUARY 21, 2024

Bloomsbury publishing have kindly provided IPKat readers who would like to purchase this book with a 20% discount. Chapter three identifies and analyses three influences on behaviour, namely; law, desire to collaborate via contract, and social norms. The code can be found below.

Television 69

Television Advertising Advertising Social Media 69

CopyrightsWorld

MARCH 30, 2021

Recent studies reveal that there are over 5 billion blogs and 7 million blog posts are published every day! Read carefully the contracts passed to you by your collaborators or self publishing services or even social media and DO NOT give away the ownership of your copyright. Obviously no. Work for Hire.

Copyright 74

Copyright Ownership Blogging Intellectual Property 74

Kluwer Copyright Blog

JUNE 26, 2024

To avoid this kind of deadlock, a new technological infrastructure and a new social contract with technology become necessary. Today, content creators typically depend on information intermediaries to publish their work. The exchange of information will happen between and via AI agents.

Copyright 105

Copyright Content Creation Fair Use Technology 105