Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

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TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. For example, we have seen hosting companies, advertisers, and social media platforms being added.

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Marketing Marketing Social Media Reporting 145

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

AUGUST 4, 2024

Section 230 The court summarizes its position: The dispositive question is whether the Act’s prohibitions on autoplay, seamless pagination, and notifications treat NetChoice members as the publisher or speaker of the third-party content they disseminate. Reyes appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

NOVEMBER 29, 2021

Consider the wide swath of entities vital to disseminating others’ speech—bookstores, book publishers, essay-compilation editors, theaters, newspaper letters to the editor and op-eds, live television guest interviews, cable television operators offering cable channels, art shows, community bulletin boards, and comedy clubs, just to name a few.

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Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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Social Media Law Blogging Publishing 98

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.

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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.’ Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s

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Social Media Publishing Blogging Law 85

TorrentFreak

MARCH 4, 2024

The site’s origins reportedly trace back to the Soviet Union’s underground publishing culture ‘ samizdat ,’ which was used to bypass state censorship in the last century. In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages.

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Publishing Social Media Copyright Infringement Copyright 124

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.

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Social Media Copyright Copying Copyright Infringement 98

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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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.

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Publishing Social Media Blogging Law 105

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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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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Social Media Government Publishing Blogging 139

IIPRD

NOVEMBER 22, 2023

Introduction What separates long-established print and electronic media from social media is that it comes along with a bunch of techniques for its usage. These are tools that shaped social media to be more significant than the long-established medias. As a result, it is crucial to learn how to safeguard IP.

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Technology & Marketing Law Blog

OCTOBER 7, 2023

Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. With respect to the social media services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers.

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Litigation Social Media Editing Publishing 126

The IPKat

OCTOBER 4, 2022

On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".

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Technology & Marketing Law Blog

FEBRUARY 11, 2022

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?) Are Social Media Services “State Actors” or “Common Carriers”? ICANN Not a State Actor.

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Social Media Publishing Blogging Government 126

TorrentFreak

OCTOBER 31, 2022

While movie and music piracy tends to generate the most headlines, the publishing industry is facing similar issues. Publishers and authors are not happy with the site and are actively trying to limit its exposure. This growth is facilitated by users who openly advertise the site on social media, TikTok included.

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Social Media Publishing Intellectual Property Marketing 145

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

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

IIPRD

JANUARY 6, 2023

The evolution and development of trademark law protect the right of manufacturers or sellers but the advancement of technology and the emergence of social media has bound lawmakers and interpreters to make a continuous intervention and take a comprehensive vigil over the various new issues related to trademark infringement.

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Social Media Trademark Advertising Advertising 52

Art Law Journal

MAY 4, 2022

Social media has the power and reach to create community, provide a kick of inspiration, and help artists visualize their work from a macro perspective. Perhaps most significantly, mastering the art of social media can help your relationships with your followers and turn them into your tribe. Your time is limited.

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Social Media Art Marketing Marketing 52

Copyright Lately

SEPTEMBER 8, 2024

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? It’s a clear win for publishers, but for public libraries—and the millions who rely on them for access to digital books—the ruling may signal more troubling times ahead. Hachette v.

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Publishing Copying Fair Use Licensing 91

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. 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.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

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. Market Effect. “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.”

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Copyright Social Media Fair Use Licensing 145

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.

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Publishing Contracts Social Media Art 81

Technology & Marketing Law Blog

MAY 19, 2022

Last week, the Fifth Circuit Court of Appeals dissolved the existing injunction against Texas HB 20, the so-called social media censorship law, in a one-sentence order. Such inevitable distortions of publishers’ editorial decisions and operations are intolerable under the First Amendment.

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Social Media Publishing Blogging Law 131

Technology & Marketing Law Blog

AUGUST 19, 2022

” Publisher/Speaker Claims. The allegations expressly referenced the publication function, always a tipoff: “Counts VII and VIII allege that Match Defendants ‘published Plaintiff Alberts’ images, private activities, likeness, voice and/or identity on. Tinder social media channels.'”

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Social Media Intellectual Property Publishing IP 122

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. This conclusion is quite intuitive in a social media world where ‘influencers’ are widely used to promote content.

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Social Media Copyright Infringement Television Journalism 129

TorrentFreak

JANUARY 24, 2023

When BBB fans aren’t glued to their TVs waiting for the drama to unfold, many can be found on social media, usually speculating about what comes next, based on what they’ve just seen. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads.

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Reporting Social Media Advertising Advertising 144

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.” I’m hoping the Supreme Court will hear the challenges to the transparency pieces of the Florida and Texas social media censorship laws.

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Social Media Law Government Blogging 116

Technology & Marketing Law Blog

JANUARY 26, 2022

The court disagrees: Even assuming the Association’s content was indeed demoted in search results and on social media platforms, the technology companies may have taken those actions for any number of reasons unrelated to Representative Schiff. Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s

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Social Media Technology Blogging Government 126

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. After an unexplained absence in 2021, YTS.mx reappeared in the report last year.

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Reporting Marketing Marketing Social Media 126

Technology & Marketing Law Blog

MARCH 21, 2022

Turning private entities into state actors would, in fact, deprive private publishers of their constitutionally protected free speech/press rights. Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Section 230.

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Social Media Blogging Government Publishing 145

TorrentFreak

MAY 17, 2023

Redacted Document Wasn’t Redacted Many months ago, Japan’s Agency for Cultural Affairs published a document which contained a list of pirate manga sites generating high levels of traffic from within Japan. In that respect these reports feel more like an education than a puzzle to unpack, after first discarding the marketing.

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Reporting Social Media Marketing Marketing 139

Technology & Marketing Law Blog

DECEMBER 27, 2021

For example, Plaintiffs allege that Defendants copied, nearly verbatim, the ingredients and steps in the recipe for peanut butter dog treats that Coscarelli published in her Chloe’s Kitchen cookbook. Esquared appeared first on Technology & Marketing Law Blog. Case citation : Coscarelli v. Esquared Hosp. ,

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Copyright Social Media Copying Blogging 144