Licensing and Social Media - Intellectual Property Pulse

Why trademarks matter for food trucks

Erik K Pelton

DECEMBER 3, 2024

Federal registration provides protection in all 50 states, which is important not only to avoid confusion online and on social media, but for potential expansion, licensing, or franchising.

Social Media

Social Media Trademark Branding Branding

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Intepat

NOVEMBER 8, 2024

The Threat of Creative Theft Creative theft poses a significant challenge for independent artists, manifesting as the unauthorized appropriation of original works through reposts, remixes, and style imitations on social media platforms. This reality underscores the urgent need for awareness and protection against creative theft.

Social Media

Social Media Copyright Ownership Copyright Law

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Intepat

NOVEMBER 4, 2024

The Threat of Creative Theft Creative theft poses a significant challenge for independent artists, manifesting as the unauthorized appropriation of original works through reposts, remixes, and style imitations on social media platforms. This reality underscores the urgent need for awareness and protection against creative theft.

Social Media

Social Media Copyright Ownership Copyright Law

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

AUGUST 12, 2021

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” There would be no need for news outlets to license the video at all if each outlet could, without Nicklen’s prior authorization, embed the video from Instagram or Facebook.

Social Media

Social Media Copyright Fair Use Licensing

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Technology & Marketing Law Blog

JUNE 14, 2024

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

Social Media

Social Media Publishing Designs Design

Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

IP Tech Blog

OCTOBER 28, 2021

A recent California District Court ruling affirmed that Perfect 10’s ruling applied to the embedding of images from social media onto third party websites. the user name and image, user caption, number of likes, and branding of the social media platform). Amazon.com, Inc., What is Embedding?

Social Media

Social Media Copyright Copyright Infringement Copying

3 Count: Free Cuthbert

Plagiarism Today

FEBRUARY 2, 2022

1: Sony Music Ends Copyright Fight with Gymshark Over Social Media Posts. First off today, Blake Brittain at Reuters reports that Sony Music and UK fitness apparel brand Gymshark have settled their lawsuit over Gymshark’s alleged use of Sony’s music in social media posts.

Social Media

Social Media Music Settlement Confidentiality

10 reasons that small businesses need to protect their trademarks

Erik K Pelton

NOVEMBER 19, 2024

Customs Missed opportunities to stop cybersquatters Missed opportunities to reclaim social media usernames registered by others There is nothing a small business can do for its brand that provides more protection—and insurance—than obtaining a trademark registration from the USPTO.

Business

Business Trademark Social Media Branding

3 Count: iTunes DRM

Plagiarism Today

MARCH 10, 2022

First off today, Ryan Naumann at Radar Online reports that photographer Al Pereira has filed a lawsuit against the rapper Nas claiming copyright infringement over a post on social media. Nas republished the photo on his Instagram in 2020 and, according to Pereira, this was done without permission or a license.

Social Media

Social Media Copyright Infringement Music Licensing

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

Social Media

Social Media Ownership Designs Design

Reusing Social Media Photos for Ads? Be Careful!–Khachatryan v. 1 Hotel

Technology & Marketing Law Blog

JUNE 20, 2024

The court says “Plaintiffs’ express assent to 1 Hotel’s use of the photograph therefore created an implied license to use the Photograph on Defendant’s “social channels.”” If the consent was legally effective, then it created an express license, not an implied one. ” This is confused. Be Careful!–Khachatryan

Social Media

Social Media Copyright Licensing Advertising

Copyright Owners Are Still Suing Over Embedding

Technology & Marketing Law Blog

JANUARY 18, 2025

With respect to the Jordan video, I assume the video was infringing when uploaded to Twitter, which is why a license argument wouldn’t work. Those licenses were explicitly and unambiguously laid out in YouTube’s Terms of Service, and the sublicense clearly extends to embedding the video. Lynk Media LLC v.

Copyright

Copyright Social Media Licensing Fair Use

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. [FN: That was presumably the number when the complaint was filed. July 26, 2023).

Social Media

Social Media Contracts Law Litigation

[Webinar] Considerations for Your Data Licensing Arrangement - September 18th, 3:00 pm - 4:00 pm ET

JD Supra Law

AUGUST 12, 2024

Whether for social media advertisements, customer surveys, or email campaigns, a data licensing agreement is often at the center of arrangements concerning the use and transfer of consumer data. By: Venable LLP

Licensing

Licensing Social Media Intellectual Property Advertising

3 Count: Oof… Again

Plagiarism Today

JULY 28, 2022

First off today, Luke Plunkett at Kotaku reports that the iconic “oof” sound effect in Roblox has been removed yet again due to licensing issues with the sound’s creator. 2: Rapper Nonini Goes After Social Media Influencer in Legal Battle. 3: YouTube Reduces Length Of Copyright Dispute Process.

Licensing

Licensing Social Media Journalism Reporting

3 Count: Copyright Claims Onboarding

Plagiarism Today

APRIL 7, 2022

The new bill, entitled “A Bill For An Act To Repeal The Copyright Act CAP LFN 2004 And To Re-enact The Copyright Act 2021,” would make it illegal to broadcast or duplicate any online audiovisual work without a license. This includes works originally uploaded to social media.

Copyright

Copyright Social Media Copyright Law Licensing

Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers

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. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v.

Social Media

Social Media Copyright Copying Copyright Infringement

3 Count: Less Than Routine

Plagiarism Today

OCTOBER 21, 2021

The move comes after a recent copyright direct in the European Union, one that requires search engines and social media sites to pay a license to use content from news outlets within the bloc. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement

Copyright Infringement Social Media Publishing Licensing

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” But surprise! I hope it doesn’t.

Social Media

Social Media Law Litigation Blogging

Photojournalist, Christopher Sadowski Focuses New Lawsuit On Pest Control Company for Alleged Copyright Infringement

Indiana Intellectual Property Law

FEBRUARY 17, 2025

As a self-employed photographer, Sadowski owns the rights to his work and licenses his photographs under terms that retain his copyright. The photograph was later licensed to the New York Post and appeared in an article, with appropriate attribution to Sadowski. Copyright Office in December 2022.

Copyright Infringement

Copyright Infringement Social Media Copyright Intellectual Property

3 Count: Keep Shaking

Plagiarism Today

DECEMBER 14, 2021

Copyright termination is a clause under the Copyright Act of 1978 that allows artists or their heirs to terminate previous agreements related to licensing their work. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Social Media

Social Media Copyright Infringement Licensing Copyright

3 Count: The Blacksmith Shop

Plagiarism Today

OCTOBER 20, 2022

Barbera filed the lawsuit, alleging that Cyrus posted a photo he took on her various social media presences. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. The post 3 Count: The Blacksmith Shop appeared first on Plagiarism Today.

Social Media

Social Media Settlement Plagiarism Copyright

3 Count: Paparazzi Lawsuit

Plagiarism Today

SEPTEMBER 13, 2022

The lawsuit represents the latest in a long line of celebrities that have been sued by paparazzi over the use of unlicensed images on their social media. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. Most celebrities have opted to settle their cases.

Non-Fungible Tokens

Non-Fungible Tokens Settlement Copyright Infringement Social Media

Gigi Hadid’s No-Defense Offense Pays Off in Copyright Default

Copyright Lately

OCTOBER 27, 2024

Each of these lawsuits involved a familiar scenario, putting Hadid squarely in the “ I got sued for posting pictures of myself on social media ” club—a club that’s now about as exclusive as a Sam’s Club membership. Let me know in the comments below or @copyrightlately on social media. So what do you think?

Copyright

Copyright Settlement Social Media Confidentiality

Social Media Marketing: Brand Indemnification of Celebrities and Influencers

Traverse Legal Blog

SEPTEMBER 20, 2024

“Influencer Marketing” and “Social Media Brand Endorsement” have become big business. Our law firm represents some of the business’s largest social media marketing agencies and influencers. This means they also own and need to license the copyright to the brand.

Social Media

Social Media Branding Brands Branding

3 Count: Clubbed Penguin

Plagiarism Today

APRIL 19, 2022

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The post 3 Count: Clubbed Penguin appeared first on Plagiarism Today.

Social Media

Social Media Settlement Fair Use Reporting

3 Count: Top Gun 2.5

Plagiarism Today

NOVEMBER 15, 2022

As part of his reelection campaign, he used the meme on various social media platforms, prompting Laney to file the lawsuit. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. King attempted to get the case dismissed, saying that it was politically motivated.

Social Media

Social Media Journalism Plagiarism Licensing

3 Count: Dear Frank

Plagiarism Today

APRIL 4, 2022

Both sides took to social media, with Dash claiming that “You have to lose some battles to win a war… Stay tuned” hinting at a possible appeal. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement

Copyright Infringement Social Media Copyright Plagiarism

SDNY: YouTube Sublicenses Embedding, But Copyright Concerns Linger

Copyright Lately

JANUARY 20, 2025

On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding content from social media platforms. Townsquare Media, Inc. Lynk Media v. In Richardson v.

Copyright

Copyright Social Media Fair Use Publishing

Virginia Photographer Files Copyright Infringement Lawsuit Against Indiana Company Premier Aquascapes LTD for Unauthorized Use of Image

Indiana Intellectual Property Law

MARCH 10, 2025

According to the complaint, Howarth, a professional photographer based in Virginia , owns the rights to a photograph of a luxury backyard pool and has commercial licensing rights for its online and print use.

Copyright Infringement

Copyright Infringement Social Media Copyright Copyright Law

Copyright Concerns When Using Others to Create Content

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. When you hire someone to write or post or do social media for you, or create most types of content, it is generally a work for hire type of agreement.

Social Media

Social Media Copyright Cease and Desist Contracts

A brand’s R.O.T.I. – Return on Trademark Investment – far outweighs the costs of trademark protection

Erik K Pelton

AUGUST 9, 2021

Increased protection online with social media, domain names, and Amazon. A tangible asset that can be licensed or sold. The returns from investing in trademark registration include. Use of the ®. Appearing in the USPTO database 24/7. A stronger case against any infringers. For more Peltonisms®, see [link].

Trademark

Trademark Social Media Registration Branding

Shutterstock: What License Allows Third – Party Transfer?

IP and Legal Filings

JULY 24, 2023

Introduction Shutterstock is a global provider of licensed images, videos, audio and editing tools, that has revolutionized the way visual content can be accessed and used. Content creators contribute their work to the platform, making it available for licensing, while end users can easily browse, license and utilize them.

Licensing

Licensing Advertising Advertising Copying

Are You Sure That’s Free? Content from Others in Your Social Media

McBayer IP Blog

FEBRUARY 5, 2024

Posted In copyright , Intellectual Property , Name, Image, and Likeness , Social Media Big business owners, small business owners, entrepreneurs, and influencers are all looking for boosts to their reputations that drive traffic and revenue their way.

Social Media

Social Media Free Content Intellectual Property Business

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. “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.” Katherine Von Drachenberg (“Kat Von D”) is a celebrity tattoo artist.

Copyright

Copyright Social Media Fair Use Licensing

Court Orders Instagram to Expose Pirates, Boot Their Accounts, and Purge URLs

TorrentFreak

MAY 26, 2023

Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise. The TV production is licensed to Sony LIV and was a huge success. However, as often happens with popular media, pirated footage was readily available too.

Social Media

Social Media Copyright Infringement Ownership Fair Use

Is Your Website Published or Unpublished?

Plagiarism Today

APRIL 7, 2022

In short, this means that, if you post your work to a web page with social media buttons, an open license or even just tools to aid in printing or emailing, the work is likely considered to be published. But this is where FDN introduces a new wrinkle. The published/unpublished dichotomy is more or less meaningless online.

Publishing

Publishing Registration Social Media Copyright

Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Copyright Lately

JANUARY 23, 2024

Photographer Jeff Sedlik will ask a federal jury to find that celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D) infringed the copyright in his iconic portrait of Miles Davis by reproducing the photo in a tattoo and then displaying images of her handiwork on social media. But very few of them were officially licensed.

Social Media

Social Media Fair Use Copyright Infringement Copying

Retweeting as Copyright Infringement–Prepared Food Photos v. Chicken Joe’s

Technology & Marketing Law Blog

FEBRUARY 11, 2024

( head nod to Judge Friendly ). * * * The plaintiff licenses a photo database to grocery stores for $12k/yr. Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page.

Copyright Infringement

Copyright Infringement Social Media Copyright Licensing

Not Ready for Prime Time: Why Bill C-11 Leaves the Door Open to CRTC Regulation of User Generated Content

Michael Geist

FEBRUARY 3, 2022

First, the question of regulating user generated content , referred to in the bill as content uploaded to a social media service. exempting users from being treated as broadcasters, the government is now claiming that it “listened, especially to the concerns around social media, and we’ve fixed it.”

Social Media

Social Media Government Music Licensing

Anatomy of an NFT Fail: Trademark License Expires on F1 Delta Time.

Traverse Legal Blog

APRIL 6, 2022

.” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing

Licensing Trademark Contracts Branding

Tips for Avoiding Copyright Infringement

The IP Law Blog

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

Copyright Infringement

Copyright Infringement Copyright Social Media Fair Use

3 Count: Freeing the Flag

Plagiarism Today

JANUARY 25, 2022

Next up today, Naledi de Wee at The South African reports that local actress Ntando Duma is being sued by the celebrity photography agency Pixel Kollective after she allegedly failed to credit the agency when using their work as part of a social media campaign. The lawsuit is seeking R200,000 ($13,027) in damages from Duma.

Social Media

Social Media Government Plagiarism Copyright

Avoiding the Creative Commons Photography Trap

JD Supra Law

MAY 2, 2022

What makes the cases unique is that in each one, the defendant had a Creative Commons license to use the image for commercial purposes free of charge. Knowing the potential traps associated with these licenses and how they can arise may help your company avoid being the next defendant.

Social Media

Social Media Copyright Infringement Licensing Blogging

Why trademarks matter for food trucks

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Trending Sources

Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

3 Count: Free Cuthbert

10 reasons that small businesses need to protect their trademarks

3 Count: iTunes DRM

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Reusing Social Media Photos for Ads? Be Careful!–Khachatryan v. 1 Hotel

Copyright Owners Are Still Suing Over Embedding

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

[Webinar] Considerations for Your Data Licensing Arrangement - September 18th, 3:00 pm - 4:00 pm ET

3 Count: Oof… Again

3 Count: Copyright Claims Onboarding

Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers

3 Count: Less Than Routine

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

Photojournalist, Christopher Sadowski Focuses New Lawsuit On Pest Control Company for Alleged Copyright Infringement

3 Count: Keep Shaking

3 Count: The Blacksmith Shop

3 Count: Paparazzi Lawsuit

Gigi Hadid’s No-Defense Offense Pays Off in Copyright Default

Social Media Marketing: Brand Indemnification of Celebrities and Influencers

3 Count: Clubbed Penguin

3 Count: Top Gun 2.5

3 Count: Dear Frank

SDNY: YouTube Sublicenses Embedding, But Copyright Concerns Linger

Virginia Photographer Files Copyright Infringement Lawsuit Against Indiana Company Premier Aquascapes LTD for Unauthorized Use of Image

Copyright Concerns When Using Others to Create Content

A brand’s R.O.T.I. – Return on Trademark Investment – far outweighs the costs of trademark protection

Shutterstock: What License Allows Third – Party Transfer?

Are You Sure That’s Free? Content from Others in Your Social Media

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Court Orders Instagram to Expose Pirates, Boot Their Accounts, and Purge URLs

Is Your Website Published or Unpublished?

Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Retweeting as Copyright Infringement–Prepared Food Photos v. Chicken Joe’s

Not Ready for Prime Time: Why Bill C-11 Leaves the Door Open to CRTC Regulation of User Generated Content

Anatomy of an NFT Fail: Trademark License Expires on F1 Delta Time.

Tips for Avoiding Copyright Infringement

3 Count: Freeing the Flag

Avoiding the Creative Commons Photography Trap

Stay Connected