Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 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.

Editing 91

Editing Social Media Blogging Advertising 91

LexBlog IP

APRIL 18, 2022

In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which led at least one commissioner to dissent because that definition “exceeds our statutory grant of rulemaking authority.” ” (The definition is broad and states that labeling includes “any materials.

Social Media 52

Social Media Marketing Marketing Settlement 52

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

Social Media 82

Social Media Ownership Marketing Marketing 82

Kluwer Copyright Blog

OCTOBER 3, 2023

To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. The defendants to be required to implement, maintain, regularly review and revise as necessary a threat management program designed to appropriately monitor the defendants’ information networks for threats.

Fair Use 132

Fair Use Privacy Copyright Technology 132

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).

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Social Media Law Contracts Designs 86

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

IP and Legal Filings

OCTOBER 18, 2022

The Nepal Privacy Act was passed in September 2018. The Privacy Act, which implemented the constitutional right to privacy, had a big influence on how personal information was used legally. Artists lack the will to innovate and produce new designs unless they are not protected. Image source:Freepic].

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

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 100

Social Media Law Blogging Publishing 100

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon).

Copyright 113

Copyright Social Media Licensing Publishing 113

LexBlog IP

NOVEMBER 9, 2023

Compliance with the regulatory framework will be assessed by accredited third party “ conformity assessment bodies ”, which will in turn be designated and monitored by designated Member State authorities. Next Steps The negotiations on the final text of the ultimate regulation are ongoing.

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Technology Designs Design Social Media 52

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code. What’s Required.

Privacy 140

Privacy Designs Design Business 140

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. Keep up with the culture by considering social media. It’s market definition. Color, product design.

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Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Cloudflare, Alissa Starzak: Tech measures used by platforms do not work for infrastructure providers and could have profound impacts on privacy and security.

Copyright 45

Copyright Fair Use Music Licensing 45

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

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

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 101

Copying Copyright Law Copyright Social Media 101

IIPRD

FEBRUARY 8, 2024

Hence in these cases, there arises the situation of divided infringement for which no definitive law exists.” [4] IP owners can restrict unauthorised access or exposure of sensitive information, such as product designs, by encrypting data at the file level i.e., it is invariably encrypted from prior to reaching the cloud to after leaving it.

Intellectual Property 52

Intellectual Property IP Government Technology 52

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

TorrentFreak

MARCH 17, 2024

LaLiga Responds via an ‘Information Notice’ and Social Media The ‘Information Notice’ published by LaLiga doesn’t directly challenge the TSJ-Cataluna statement but describes it as an “ interpretation ” of the order handed down by Commercial Court no.8 8 of Barcelona.

Intellectual Property 82

Intellectual Property IP Social Media Reporting 82

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 136

IP Intellectual Property Copyright Trademark 136

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

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Social Media Government Designs Design 107

Technology & Marketing Law Blog

NOVEMBER 1, 2021

He identified several lessons: the value of “open architectures” and “relatively neutral infrastructure” the Internet is capable of being used for pro- and anti-social uses. ” Regarding Nextdoor: “growth is the lifeblood of any consumer internet company, particularly a social media service.

Journalism 104

Journalism Government Technology Privacy 104

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”.

Social Media 92

Social Media Ownership Contracts Privacy 92

Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) . Harmonized definition of “decision” with Telecommunications Act.

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Government Advertising Advertising Reporting 92

IP Tech Blog

JULY 17, 2023

Key changes include: The definition of “AI system” is aligned with the Organisation for Economic Co-operation and Development’s (OECD) definition of AI system. Foundation model” means an AI system model that is trained on broad data at scale, is designed for generality of output, and can be adapted to a wide range of distinctive tasks.

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Social Media Marketing Marketing Government 52

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. There is evidence to support Plaintiffs’ position that TikTok is not interchangeable with other social media applications.

Social Media 82

Social Media Privacy Law Publishing 82

LexBlog IP

JULY 17, 2023

Key changes include: The definition of “AI system” is aligned with the Organisation for Economic Co-operation and Development’s (OECD) definition of AI system. Further, the EU Parliament’s Position establishes a set of general core principles that are applicable to all AI systems regulated by the AI Act.

Government 52

Government Designs Design Law 52

43(B)log

JUNE 30, 2023

Chair: Martin Senftleben Impulse Statement: Sebastian Felix Schwemer Recommendation systems; transparency is the approach to recommender systems, which intersects with privacy/data protection. So the mechanisms for addressing the problems will necessarily be different as will definition of the problems.]

Law 56

Law Social Media Due Diligence Art 56

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. Undeterred by Florida’s futility (and perhaps envious of it?),

Social Media 144

Social Media Law Publishing Government 144

Copyright Lately

MARCH 6, 2023

In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release. Coakley also sent the Bergers mock-ups of movie posters referencing alleged misconduct that Coakley threatened to release on social media to “gauge public reaction.” In one notable case, Balsley v.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

43(B)log

APRIL 7, 2023

DSA: they’re designer, adjudicator, rights protector, systemic risk avoider—much more detailed, rule-oriented role if they choose DSA path. Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Bradford’s four examples of the Brussels Effect v. Which regime to choose?

Art 45

Art Copyright Settlement Moral Rights 45

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 112

Social Media Reporting Government Law 112

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

but limited to commercial websites and with tighter definitions of the restricted content. In Arkansas, a law requiring parental consent before minors sign up for social media accounts didn’t survive intermediate scrutiny. It’s not surprising that the statute uses a vague definition of social media.

Social Media 126

Social Media Privacy Law Government 126