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 126

Social Media Law Blogging Government 126

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 145

Marketing Marketing Social Media Reporting 145

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] The analogy is an imperfect one—social media operators are arguably less involved in the curation of their websites’ content than these traditional examples.

Social Media 105

Social Media Law Contracts Publishing 105

TorrentFreak

JANUARY 8, 2025

The United States Trade Representative ( USTR ) published its annual Out-of-Cycle Review of Notorious Markets a few hours ago. The mentioned publishing sites, LibGen and Sci-Hub, didn’t change either. — A copy of the USTRs 2024 Review of Notorious Markets is available here (pdf).

Reporting 109

Reporting Marketing Marketing Social Media 109

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 116

Social Media Law Blogging Publishing 116

Technology & Marketing Law Blog

JANUARY 18, 2025

In each case, the publisher XXL (a publisher of hip-hop related news) reported on the videos and embedded the video and included a screenshot. ” Nature of work: “The original Jordan video was published online and depicted factual and newsworthy events.” Lynk Media LLC v. ” Cite to Konangataa v.

Copyright 96

Copyright Social Media Licensing Fair Use 96

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.

Social Media 98

Social Media Publishing Law Design 98

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 130

Social Media Law Television Reporting 130

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

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 52

Social Media Brands Branding Branding 52

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

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. Townsquare Media, Inc. Lynk Media v.

Copyright 69

Copyright Social Media Fair Use Publishing 69

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 116

Privacy Marketing Marketing Social Media 116

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 105

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.

Government 130

Government Social Media Blogging Publishing 130

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 123

Publishing Social Media Copyright Infringement Copyright 123

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 98

Publishing Social Media Marketing Marketing 98

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.

Social Media 59

Social Media IP Intellectual Property Copying 59

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.

Marketing 64

Marketing Marketing Business Technology 64

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 126

Litigation Social Media Editing Publishing 126

TorrentFreak

JANUARY 27, 2025

“Market entry for a pirate is easy. They’re paying influencers to go on social media and promote them. The call for site blocking was supported by many other speakers, including Lui Simpson of the Association of American Publishers , who stressed that the U.S. They’re registering for trademarks.

Social Media 116

Social Media Litigation Intellectual Property Trademark 116

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 119

Technology Publishing Social Media Intellectual Property 119

TorrentFreak

NOVEMBER 14, 2024

There are dozens of recognizable brands in the illegal streaming market, all jostling for position in a chaotic market where trademarks are copied even more readily than movies or live TV streams. report published late Wednesday identifies Javier Eduardo López Cassan as the man arrested.

Branding 104

Branding Branding Brands Social Media 104

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.

Social Media 145

Social Media Publishing Intellectual Property Marketing 145

Corsearch

MARCH 19, 2025

54% of Gen Z spend over 4 hours on social media every day More than two thirds of Gen Z use TikTok 40% of Gen Z follow brands on social media 97% of Gen Z use social media as the first port of call when looking to buy something They live, shop, and engage digitally, making them one of the most influential consumer groups today.

Branding 52

Branding Brands Branding Social Media 52

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.”

Social Media 145

Social Media Privacy Law Government 145

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.

Publishing 100

Publishing Copying Fair Use Licensing 100

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 115

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.

Social Media 52

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.

Social Media 52

Social Media Art Marketing Marketing 52

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.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Velocity of Content

DECEMBER 11, 2024

Often, this critical information comes from externally-published materialsresearch analyses, market reports, news, and academic journalsthat help financial institutions stay current and maintain a competitive edge. Much of this material is protected by copyright.

Copyright 52

Copyright Licensing Marketing Marketing 52

Traverse Legal Blog

MARCH 26, 2025

Publishing health-related books or products can quickly turn into a compliance nightmare. But if that content touches on health, youre entering one of the most highly regulatedand misunderstoodspaces in publishing and e-commerce. In todays marketplace, publishing health-related content isnt just about getting noticed.

Branding 52

Branding Branding Brands Marketing 52

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.”

Copyright 145

Copyright Social Media Fair Use Licensing 145

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.

Social Media 131

Social Media Publishing Blogging Law 131

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

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.'”

Social Media 122

Social Media Intellectual Property Publishing IP 122