43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Interestingly, Plaintiffs plead no facts about the terms of their contracts with the designers who hire them to work the runway; the court acknowledges the very real possibility that those contracts govern how images captured from a fashion show are used.”)

Advertising 64

Advertising Advertising Designs Design 64

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

DECEMBER 7, 2022

The resulting state court lawsuit has reinforced the Prager Effect, producing another published opinion thoroughly rejecting every argument advanced by Prager and expanding services’ legal protections for their moderation decisions. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

Note: this is my first blog post on a High Court of Australia opinion, though I had a guest blog post from a decade ago about keyword advertising. A dispositive legal question is whether or not the Facebook accountholders “published” the users’ allegedly defamatory comments.

Publishing 98

Publishing Social Media Blogging Law 98

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. The only question at issue is whether the lawsuit treats Facebook’s refusal as a publisher/speaker action. That is a quintessential publishing decision for which Facebook is “perforce immune.” In our Advertising & Marketing Law casebook, Prof.

Contracts 89

Contracts Marketing Marketing Publishing 89

The IPKat

FEBRUARY 21, 2024

Bloomsbury publishing have kindly provided IPKat readers who would like to purchase this book with a 20% discount. The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. The code can be found below.

Television 67

Television Advertising Advertising Social Media 67

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

TorrentFreak

NOVEMBER 18, 2022

People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either. Another key goal of media companies worldwide is to prevent pirate sites from generating revenue from advertising. Signs that movie companies were about to send a message trickled through last year.

Editing 136

Editing Television Copyright Infringement Advertising 136

TorrentFreak

OCTOBER 25, 2022

Funded by the government and run by City of London Police under the banner of Operation Creative, the IWL is supported by major rightsholders, including the BPI, IFPI and The Publishers Association, plus international groups such as the MPA. Total IWL domains that have advertising on them. Being able to focus on a particular brand.

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Second, I will explain why imposing legal restrictions on the ability of Internet services that gather, organize, and disseminate user-generated content (which I’ll call “UGC publishers”) to terminate accounts or remove content leads to unwanted outcomes. Accordingly, in the US, UGC publishers do not “censor” users. Section 230.

Publishing 95

Publishing Government Contracts Law 95

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. The infringement at trial was a photo of a sportscar illegally used on the internet for advertising purposes.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IPilogue

JANUARY 11, 2023

Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation.

Journalism 80

Journalism Privacy Contracts IP 80

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. In instances where the idea is used after the contract with the agency has ended, the agency is often not compensated separately.

Ownership 52

Ownership Intellectual Property IP Contracts 52

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter.

Social Media 52

Social Media Reporting Contracts False Advertising 52

Technology & Marketing Law Blog

DECEMBER 18, 2021

Query: if the only newspaper in town decides which advertisements may properly be posted or which advertisements to accept, does a rejected advertiser suffer an anti-trust injury? Breach of Contract. The deficiency of Plaintiffs’ claim in asserting an antitrust injury is demonstrated by the following analogy.

Reporting 103

Reporting Law Contracts Advertising 103

Technology & Marketing Law Blog

MARCH 29, 2022

In addition, “Defendants are immune from Plaintiff’s claims related to their restriction of her access to Forge of Empires in an effort to prevent her from publishing ‘obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable” content.’ ” Breach of Contract.

Contracts 113

Contracts Advertising Advertising Confidentiality 113

SpicyIP

MARCH 28, 2022

Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for years. World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues.

Copyright 105

Copyright Publishing Music Contracts 105

TorrentFreak

FEBRUARY 24, 2023

Publishers and authors could only watch as their work fueled a huge but unlicensed black market. The problem for manga creators and publishers today is that pirates offer their copyrighted content for free in the same global market. Publishers Seek Help From U.S. It’s complex and messy, almost certainly by design.

Publishing 119

Publishing Advertising Advertising Music 119

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

Patently-O

AUGUST 11, 2022

Every year, law schools advertise open faculty positions via a Faculty Appointments Register sponsored by the American Association of Law Schools (AALS). Note that top ranked law schools rarely advertise for particular subject matter areas. by Dennis Crouch.

Patent Law 66

Patent Law Law Patent Advertising 66

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

The IPKat

SEPTEMBER 1, 2023

Here’s your regular recap of the IPKat stories published last week. Copyright GuestKat Kevin Bercimuelle-Chamot analysed the thin line between homage and infringement, comparing two campaign photos published by popular fashion brands. For more details, click here. More information available here. The full article is available here.

Copyright Infringement 67

Copyright Infringement Publishing Contracts Advertising 67

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. for songwriters/publishers.

Music 104

Music Intellectual Property Contracts Settlement 104

Technology & Marketing Law Blog

JULY 9, 2022

. “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” Publisher/Speaker Claims. ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. .

Advertising 122

Advertising Advertising Publishing Blogging 122

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

Technology & Marketing Law Blog

FEBRUARY 14, 2024

” Publisher/Speaker Claim. But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. portion of the total rental fee.

Contracts 74

Contracts Advertising Advertising Privacy 74

LexBlog IP

AUGUST 4, 2022

Or maybe you’re a publisher looking to monetize your available ad space by selling it to advertisers. The Interactive Advertising Bureau (IAB) and the American Association of Advertising Agencies (4A’s) have collaborated on a set of standard terms and conditions for Internet advertising.

Advertising 52

Advertising Advertising Publishing Television 52

IPilogue

JANUARY 21, 2022

It is accepted that the copyright (or the “exclusive legal right to produce, reproduce, publish or perform”) to the source code, maps, sound effects, and characters of a game is held by the game publisher. Interestingly, Riot Games—the publisher who owned the copyright to the game—was not involved in the dispute at the time.

Publishing 110

Publishing Intellectual Property IP Licensing 110

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. Some of the key regulatory recommendations are discussed in this post. Plot twist!

Music 139

Music Contracts Reporting Government 139

IP Tech Blog

FEBRUARY 2, 2022

The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts. As we previously noted , the ASA published its influencer monitoring report in March last year.

Social Media 57

Social Media Advertising Advertising Branding 57

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Defendant Marble is Issuance’s co-founder and chief executive officer.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Intepat

DECEMBER 4, 2023

If the trademark is approved during this stage, it is advertised in the Trade Marks Journal, serving the purpose of notifying the public about new applications and providing an opportunity for opposition in the case of identical or similar trademarks. Subsequently, an application, accompanied by the requisite fees, is filed.

Registration 52

Registration Trademark Contracts Advertising 52

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 98

Artwork Trademark Publishing Marketing 98

LexBlog IP

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 40

Advertising Advertising Branding Brands 40

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59