Michael Geist

JUNE 9, 2023

The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted.

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IP and Legal Filings

APRIL 10, 2024

INTRODUCTION The entertainment and media sector is experiencing a continuous and increasing influence on social media with each passing day. However, between now and then social media influence also has some problems. One of the biggest obstacles is defamation.

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Social Media Journalism Television Law 81

JD Supra Law

AUGUST 17, 2021

If your marketing team has yet to come to you with questions about the legal issues involved with sponsoring college athletes, they probably will shortly. Primarily a social media-driven phenomenon (shocker!), By: Kilpatrick Townsend & Stockton LLP

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Social Media Marketing Marketing Law 102

43(B)log

SEPTEMBER 14, 2021

We about to get f **g lit.” Many of the subsequent messages from the ‘asu_covid.parties’ account affirmatively criticized—often in profane and vulgar terms—ASU’s leadership and official policies. student) and railed against ASU’s administration and official policies.” What about initial interest confusion?

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Social Media False Advertising Advertising Advertising 53

Michael Geist

FEBRUARY 22, 2024

Digital policy has been the source of seemingly never-ending frustration for years in Canada. The last proposal was so bad that many will rightly express skepticism about the bill. The post Conservatives Double Down on Support for Mandated Internet Age Verification and Website Blocking: Why Can’t Canada Get Common Sense Digital Policy?

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Technology & Marketing Law Blog

FEBRUARY 26, 2024

In 2021, Florida and Texas enacted “social media censorship” laws. These laws were never serious policy proposals; instead, the legislatures simply wanted to signal to voters that they hated “Big Tech.” Based on long-standing Supreme Court precedent (the Reno v.

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Social Media Law Blogging Marketing 79

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. The Sedlik v.

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Social Media Fair Use Copyright Infringement Copying 140

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 102

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.” The plaintiffs in this case are Minds, Inc.,

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Social Media Law Reporting Blogging 87

Michael Geist

MARCH 30, 2022

With exceptions that could easily capture TikTok or YouTube videos, the bill is about far more than just large companies. Users of social media services would never face obligations.” The policies about contributions and discoverability will fall to the CRTC. ” Canadian Heritage tweet [link].

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Technology & Marketing Law Blog

JANUARY 18, 2024

Advertisers must prioritize their advertising spend because advertisers can’t afford to educate the entire world about their offerings; nor would the widespread bombardment of untargeted ads benefit consumers. Say what you will about Musk, but he is making an important contribution to science. 9) Musk destroys Twitter.

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Law Social Media Advertising Advertising 101

Technology & Marketing Law Blog

JULY 12, 2022

For my thoughts about self-publishing an ebook casebook, see this article. Accordingly, I deleted my 2-decade-old writeup about spam harms (spam law is passé), my decade-old essay on online trespass to chattel reform (mangled by the Van Buren/hiQ clusterf…), the decade-old In re Rolando S. Excerpt on notes about UMG v.

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Editing Law Social Media Privacy 139

Michael Geist

FEBRUARY 28, 2024

Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed.

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Social Media Government Reporting Law 135

TorrentFreak

APRIL 10, 2024

The social media company allegedly failed to respond adequately to takedown notices and lacks a proper termination policy. Among other things, this includes claims that X’s repeat infringer policy was inadequate and that it willingly turned a blind eye to pirating users, especially those who have a blue checkmark.

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Music Copyright Infringement Social Media Copyright 96

Michael Geist

MAY 18, 2023

Indeed, by moving forward with incredibly tight timelines, without the government’s promised policy directive, and without support for newer groups to back their participation, the documents leave the distinct impression that the Commission had surrendered its independence and already made up its mind on how to implement Bill C-11.

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Plagiarism Today

MAY 2, 2022

Facebook has not responded to the lawsuit, nor has it responded to media requests about it. First, though Facebook’s cache may have waned some in recent years, it remains the largest social network on the planet. As such, it’s DMCA and copyright policies have a tremendous bearing on how other sites handle theirs.

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Social Media Copyright Infringement Copyright Plagiarism 246

Michael Geist

JULY 28, 2023

Bill C-11 may have receded into the background of CRTC consultations and government policy directions, but Canadians concerned with user content, video game and algorithmic regulation would do well to pay attention. The group has posted its submission to the government’s consultation on the draft policy direction to the CRTC on Bill C-11.

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Government Social Media Music Registration 93

Michael Geist

JUNE 23, 2023

News is not a significant part of Facebook feeds (the company says about 3%) and it is highly substitutable (users spend the same amount of time on the platform whether presented with news links or photos of friends). Tough talk from Rodriguez will be cold comfort for those who have lost those links and lost revenues due to government policy.

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Social Media Government Privacy Television 96

Corsearch

FEBRUARY 15, 2024

X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.

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Branding Brands Branding Social Media 59

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 The Bill Is Terrible Policy. As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort.

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Social Media Privacy Law Government 142

Corsearch

JULY 18, 2023

Millions across the globe have flocked to Instagram Threads – the newest social media platform on the block. As with Twitter, Instagram, TikTok, Facebook and other social media platforms, businesses must be wary of bad actors targeting their brands and consumers with fake products and scams. Educate consumers on… 1.

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Social Media Branding Brands Branding 52

43(B)log

MARCH 28, 2024

If policy terms are “ambiguous or capable of more than one reasonable meaning, the policy will be strictly construed in favor of the insured and against the insurer.” The problem was that the policy and the exclusion were “clearly worded, specific, and directly contradictory to each other.

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Velocity of Content

DECEMBER 12, 2022

Dr. Tracy Brower , a sociologist and author of two books exploring happiness, fulfillment, and work life, say we can all be more selective about the choices we make over how we consume information. Their work has led Crovitz to a disheartening conclusion about the prospects for ever entirely defeating misinformation. “In

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Social Media Journalism Reporting Advertising 98

Technology & Marketing Law Blog

MARCH 26, 2024

This paradigm also appears in the Florida and Texas social media censorship laws, such as the notice-and-appeal obligations on UGC services for the publication decisions they make. Though the DSA uses a different policy paradigm than the DMCA, it’s unclear if it will achieve better outcomes.

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Social Media Blogging Government Marketing 76

IP and Legal Filings

MARCH 5, 2024

A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services. also, Misuse of social media involves using trademarks without authorization to mislead or damage companies. Search engines have policies about trademarked terms. Case Study: Yahoo!

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IPilogue

NOVEMBER 11, 2022

In the complaint , Stossel claimed that he uploaded two short video reports in which he interviewed experts about climate change, yet Meta (“Facebook”) publicly announced that Stossel’s reporting had failed the fact-checking process. . To combat “fake news,” governments must carefully regulate social media content.

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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 117

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.” Three things stand out about this decision. Nature of the Work.

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Copyright Social Media Fair Use Licensing 142

Michael Geist

SEPTEMBER 20, 2023

Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. Avoiding the Canadian outcome is a now a top policy priority in other countries looking at media legislation.

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Social Media Government Journalism Advertising 142

Michael Geist

AUGUST 24, 2023

Yet the CBC’s approach to Bill C-18 and other government digital policies seems determined to do the opposite and, in doing so, threatens its future support. If it is no different than private sources, the doubt about whether should public continue to fund it will only increase. I think that’s a mistake.

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Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used. What is covered in an AUP? Pornography.

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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 why I get so angry about anyone supporting these laws.

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Social Media Government Blogging Publishing 99

Michael Geist

FEBRUARY 26, 2024

My immediate response to the government materials was that the bill is significantly different from the 2021 consultation and that many of the worst fears – borne from years of poorly thought out digital policy – have not been realized. There few details available at this stage in the legislation about what this means.

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Social Media Government Privacy Reporting 141

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

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Fair Use Social Media Licensing Marketing 87

Michael Geist

APRIL 20, 2023

Neither of these explanations were credible since there is no reason to think the amendment would limit consultation on a policy direction or prevent future adaption of the broadcasting system. When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation.

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Government Social Media Law Music 102

TorrentFreak

SEPTEMBER 25, 2023

The company behind X allegedly fails to properly respond to takedown notices and lacks a proper termination policy for repeat infringers. This activity generates many millions of views which are monetized by the social media platform, while rightsholders receive no compensation for the use of their works.

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Music Copyright Infringement Social Media Advertising 125

TorrentFreak

DECEMBER 7, 2023

Music companies have repeatedly complained about X too. That way, the social media platform would have to respond. According to the American music labels, X fails to properly respond to takedown notices and lacks a proper termination policy for repeat infringers. As a result, creators are not properly compensated.

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Copyright Infringement Music Copyright Social Media 121