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.

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Social Media Ownership Marketing Marketing 98

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.

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Technology & Marketing Law Blog

JANUARY 18, 2025

I thought the legality of embedding was definitively resolved when the Ninth Circuit reaffirmed the “server test” in the Hunley v. Townsquare Media, Inc., Lynk Media LLC v. 14, 2025) Fedun posted three videos to social media and then assigned the copyrights to Lynk Media. 2025 WL 89191 (S.D.N.Y.

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Copyright Social Media Licensing Fair Use 96

Kluwer Copyright Blog

APRIL 15, 2024

It covers some of the basics on open source AI focusing on its definition and legal challenges. The exact definition of what constitutes open source AI is still subject to discussion. Finally, the Open Source Initiative (OSI) is currently working on a definition for open source AI. Its “ Open Source AI Definition – draft v.

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Licensing Social Media Contracts Privacy 105

Technology & Marketing Law Blog

OCTOBER 20, 2021

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ Are Social Media Services “State Actors” or “Common Carriers”? ” Cites to Lewis v.

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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.

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The IP Law Blog

AUGUST 17, 2023

Ever since the massive explosion of content creation that gave rise to social media, content creators worldwide have utilized embedding to showcase and link users to content that otherwise would not have been as readily accessible. This definition amended in the Act is now known as the “Transmit Clause.”

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Social Media Copyright Copying Copyright Infringement 98

Technology & Marketing Law Blog

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. NetChoice appeared first on Technology & Marketing Law Blog.

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Social Media Law Blogging Government 115

Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

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Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

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Social Media Privacy Law Government 145

IPilogue

MARCH 16, 2025

By 'Damola Adediji Policy researchers and government studies worldwide have continued to express deep concerns surrounding Big Tech firms and their extensive collection of personal digital data, which affects how markets operate and compete. These companies have established themselves as intermediaries in building multi-sidedmarket platforms.

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Technology & Marketing Law Blog

FEBRUARY 5, 2022

The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.

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Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. This is not unique to social media.

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Art Law Journal

AUGUST 10, 2022

Here’s a common scenario on social media for artists: You’re starting to grow a steady online following, but your audience isn’t commenting, liking or sharing your first few posts. So is it time to throw in the towel on social media and focus on other marketing strategies? Wear your heart on your sleeve.

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Social Media Art Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency.

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Social Media Law Government Blogging 116

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

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Technology & Marketing Law Blog

AUGUST 27, 2023

Tim Pool, the Babylon Bee, and National Religious Broadcasters, which are (respectively): “a social networking app, an active social media content creator, a satirical news website, and a nonpartisan association of Christian communicators.” Bonta appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

JULY 8, 2022

If the plaintiff seeks to hold the defendant liable for third-party content–definitely true in this case–the Lemmon ruling make it clear that a “negligent design” framing is still subject to Section 230, no matter how creatively or emphatically the plaintiff points to the service’s first-party design choices.

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Technology & Marketing Law Blog

JUNE 1, 2022

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. Everyone knows “social media censorship” laws will require the Supreme Court’s review. Paxton appeared first on Technology & Marketing Law Blog.

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Social Media Blogging Law Technology 141

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." And so, all three refusals were affirmed.

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Marketing Marketing Social Media Advertising 56

The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

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Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

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Social Media Contracts Ownership Business 98

LexBlog IP

AUGUST 17, 2023

Ever since the massive explosion of content creation that gave rise to social media, content creators worldwide have utilized embedding to showcase and link users to content that otherwise would not have been as readily accessible. This definition amended in the Act is now known as the “Transmit Clause.”

Social Media 52

Social Media Copyright Copying Copyright Infringement 52

Technology & Marketing Law Blog

MARCH 21, 2022

Unfortunately, until we get a definitive Supreme Court ruling, these pro-censorship arguments will continue to swirl. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Newspaper Isn’t State Actor–Plotkin v.

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Social Media Blogging Government Publishing 145

Michael Geist

MAY 18, 2023

To pick just one of many examples, the Commission is consulting on the meaning of “social media service”: Q5. How should the Commission define “social media service”? What, if any, criteria should be used to assess whether an online undertaking is providing a social media service?

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Social Media Ownership Government Television 145

TorrentFreak

MARCH 21, 2024

Good practices should be identified, and recommended to all actors, including e-commerce marketplaces, transport and logistic service providers, payment services providers, social media providers, providers of domain name services, etc. Secondly, further cooperation and information sharing should be encouraged.

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Social Media IP Registration Law 127

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

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Social Media Privacy Designs Design 98

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?

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Social Media IP Business Branding 105

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

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Blogging Social Media Television Fair Use 111

The TTABlog

JUNE 8, 2021

The court observed that there was no dispute that the product was "hugely successful, due in no small part to Plaintiffs’ extensive marketing efforts and the PRETZEL CRISPS trademark registration they received and have enforced to clear the field of similarly named products. The court did not rest its decision on that finding alone.

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Registration Social Media Blogging Marketing 97

Copyright Lately

SEPTEMBER 29, 2024

It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive. A screenshot from the (now deleted) social media video at the center of the controversy.

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Fair Use Copyright Artwork Social Media 109

The IPKat

MARCH 1, 2024

On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”. 24% of UK males aged 16 to 60 purchase counterfeit goods under the endorsement of social media influencers.

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IP and Legal Filings

APRIL 7, 2025

This blog attempts to unravel these complexities and wrestle with the definitions of trademarks in the hybrid age while providing strategies for businesses to maneuver through this fluid arena. Global Enforcement: The key is working with local legal resources within crucial markets for protection of the brand.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2021

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Instagram appeared first on Technology & Marketing Law Blog. Related posts. Breitbart News. United Sports.

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Technology & Marketing Law Blog

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. By definition, recommendations are never “passive” or “neutral.”

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Social Media Law Fair Use Blogging 142

The IPKat

JUNE 21, 2022

In the definition of John H. Online music platforms, such as on-demand content services or social media platforms, created disparities in the remuneration of right-holders, creating the so-called “value gap”. Yet, argues Mazziotti, some issues remain unresolved, such as the market power of online gatekeepers.

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Technology & Marketing Law Blog

FEBRUARY 15, 2023

The “has two main requirements: (1) a mechanism for social media users to file complaints about instances of “hateful conduct” and (2) disclosure of the social media network’s policy for how it will respond to any such complaints.” Law § 394-ccc.

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