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 108

Contracts Social Media Blogging Publishing 108

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 96

Blogging Contracts Cease and Desist Social Media 96

Technology & Marketing Law Blog

JULY 12, 2022

For my thoughts about self-publishing an ebook casebook, see this article. 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. Social Media. Primer on FOSTA. Jurisdiction.

Editing 141

Editing Law Social Media Privacy 141

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media.

Social Media 52

Social Media Reporting Contracts False Advertising 52

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 99

Social Media Publishing Contracts Copying 99

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

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 137

Contracts Publishing Law Government 137

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 97

Social Media IP Registration Law 97

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

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 143

Copyright Social Media Fair Use Licensing 143

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

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 82

Social Media Law Contracts Publishing 82

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 64

Television Advertising Advertising Social Media 64

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 61

Contracts Social Media Publishing Blogging 61

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

43(B)log

MARCH 28, 2024

Defendants counterclaimed for payment and damages for breach of contract and bad faith. Under Rhode Island law, policy exclusions must be unambiguous, and ‘contract provisions subject to more than one interpretation are construed strictly against the insurer.’” And a party’s failure to read a contract does not render it unenforceable.

Advertising 62

Advertising Advertising Settlement Contracts 62

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 82

Social Media Blogging Publishing Marketing 82

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 256

Plagiarism Social Media Contracts Copying 256

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

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

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”. Katpost on the ruling here.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

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

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

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. Jurisdiction. Toys ‘R’ Us v.

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.

Social Media 115

Social Media Publishing Marketing Marketing 115

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Regulation of Political Advertising (2022 Edition). Blog Posts.

Editing 90

Editing Social Media Blogging Advertising 90

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. Increasingly, Gen Z uses social media to purchase branded goods.

Branding 40

Branding Brands Branding Social Media 40

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 86

Contracts Social Media Blogging Law 86

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 93

Contracts Social Media Advertising Advertising 93

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. Let me know in the comments below or @copyrightlately on social media. “Therefore, her claim fails.”

Copyright 78

Copyright Music Contracts Settlement 78

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 99

Social Media Law Blogging Publishing 99

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. . Hero Image: 34901.

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. . Hero Image: 34901.

Social Media 52

Social Media Branding Brands Branding 52

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

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 116

Copying Social Media Licensing Technology 116

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 92

Art Contracts Social Media Litigation 92