Technology & Marketing Law Blog

NOVEMBER 20, 2021

Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s

Social Media 117

Social Media Litigation Publishing Blogging 117

Sander Law

DECEMBER 14, 2020

Copyright: Using images on social media. If you ever wondered if you can use that image you found through a Google search on your social media post or on your website, this post is for you. Accordingly, if you find a news story you want to post about on your social media, only link to the story.

Social Media 98

Social Media Copyright Copyright Infringement Copying 98

Technology & Marketing Law Blog

JUNE 21, 2022

The bill applies to “social media platforms” that: “(A) Construct a public or semipublic profile within a bounded system created by the service. (B) ” This definition of “social media” has been around for about a decade, and it’s awful. Who’s Covered by the Bill?

Social Media 123

Social Media Law Publishing Reporting 123

Technology & Marketing Law Blog

DECEMBER 30, 2021

That is akin to defending a censorship regime as regulating the conduct of writing or publishing. For example, over the past few years, they published several essays that seemingly celebrated and advocated for clipping the First Amendment’s wings (I unfavorably critiqued one of those).

Social Media 115

Social Media Law Blogging Privacy 115

Technology & Marketing Law Blog

NOVEMBER 26, 2021

Prescreening won’t fix that; and the ability to pick-and-choose comments to publish might exacerbate censorial tendencies. Thus, I think most government-operated online commenting venues, especially on social media, will be characterized as designated public forums–with all of the legal baggage that attaches to that status.

Social Media 108

Social Media Government Designs Design 108

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.

Social Media 52

Social Media Trademark Advertising Advertising 52

Technology & Marketing Law Blog

APRIL 26, 2022

I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. Removal of content ex post is just as much an editorial choice as refusing to publish content in the first place. I recently rounded up the Texas opening brief and its supporting amici briefs.

Social Media 113

Social Media Law Blogging Government 113

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 98

Social Media Copyright Copying Copyright Infringement 98

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

MAY 23, 2022

“HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.” “Section 230 does not classify platforms as “publishers” or “not publishers.” It simply states that a platform will not be deemed a publisher in certain circumstances.

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Social Media Law Publishing Blogging 134

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.

Marketing 120

Marketing Marketing Social Media Reporting 120

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.

Social Media 98

Social Media Law Blogging Publishing 98

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

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 101

Social Media Law Blogging Publishing 101

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

Social Media 99

Social Media Publishing Blogging Law 99

Michael Geist

AUGUST 8, 2023

Both merely link to the reproductions, which are found on the publishers’ own sites. More notably, the media outlets argument for Meta’s “substantial control” of the market simply doesn’t make any sense. The Senate heard testimony that social media constituted between 17-30% of referral traffic for news sites.

Publishing 96

Publishing Social Media Marketing Marketing 96

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.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

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.

Social Media 116

Social Media Law Television Reporting 116

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.

Social Media 97

Social Media Law Blogging Government 97

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

Social Media 52

Social Media Copyright Copying Copyright Infringement 52

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.

Privacy 102

Privacy Marketing Marketing Social Media 102

IIPRD

JUNE 26, 2024

A social media influencer is someone who creates content based on their niche in various social media platforms where they deliver information by uploading in the mediums of long format videos, short format videos or reels, static posts and stories.

Intellectual Property 52

Intellectual Property Social Media Intellectual Property Law IP 52

IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

Branding 52

Branding Brands Branding Social Media 52

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.

Publishing 100

Publishing Social Media Blogging Law 100

LexBlog IP

JANUARY 11, 2024

” The SEC’s X account was compromised on Tuesday, January 9, 2024, and a fake post was published that in essence said the SEC had granted approval for Bitcoin ETFs, along with a fake quote from SEC Chairman Gary Gensler. This incident illustrates how social media platforms can be used for disinformation with dramatic consequences.

Social Media 52

Social Media Marketing Marketing Publishing 52

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.

Litigation 110

Litigation Social Media Editing Publishing 110

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.

Social Media 60

Social Media Reporting Intellectual Property Publishing 60

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.

Publishing 81

Publishing Contracts Social Media Art 81

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 ".

Technology 114

Technology Publishing Social Media Intellectual Property 114

LexBlog IP

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

Branding 52

Branding Brands Branding Social Media 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.” 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 106

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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Social Media Government Blogging Publishing 102

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 119

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.

Social Media 121

Social Media Government Publishing Blogging 121

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 137

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Facebook’s exit devastated independent Canadian publishers, who begged the government to reverse its policy. Musk has bridged that gap. StopTheSADScheme.

Law 105

Law Social Media Advertising Advertising 105

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.

Social Media 109

Social Media Copyright Infringement Television Journalism 109