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

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Blog Posts.

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Ancestry , Knapke v.

Advertising 91

Advertising Advertising Social Media Blogging 91

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. If such content is not taken down within the prescribed time, the social media intermediaries would be liable for the same.

Personality Rights 52

Personality Rights Intellectual Property Social Media Intellectual Property Law 52

Technology & Marketing Law Blog

JANUARY 19, 2023

” Publisher/Speaker Claims. A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

Garrigues Blog

JULY 11, 2022

Consequently, the Supreme Court has confirmed the previous judgment by the Madrid Appellate Court, which was appealed by the sponsor of the festival, ordering it to pay compensation of 20,000 euros, and to partially publish the judgment in a media outlet in print and on two social media outlets.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”).

Advertising 52

Advertising Advertising Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” As noted above, a webpage openly published on the Internet still requires a viewer to click on its URL before it may be seen. March 29, 2023).

IP 72

IP Advertising Advertising Copyright 72

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. As a result, authors and the publishing industry as a whole hemorrhage large amounts of revenue each year,” they write.

Social Media 102

Social Media Publishing Copyright Law Copyright 102

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 98

Social Media Law Blogging Publishing 98

LexBlog IP

MAY 9, 2023

The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and innovation. PATENT ABSTRACT & ART: A method for media presentation in a vehicle includes receiving a Bluetooth Low Energy (BLE) advertising message from a user interface (UI) device.

Editing 52

Editing Patent Patent Application Social Media 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof.

Contracts 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 98

Privacy Marketing Marketing Social Media 98

IP and Legal Filings

APRIL 19, 2022

Rules on Information Technology, 2021 (Intermediary Guidelines and Digital Media Ethics Code). By adopting rules and regulations, as well as a privacy policy, the intermediary must prevent its users from presenting, uploading, changing, or transferring any information that may result in infringement of any trademark, patent, or copyright.

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 231

Social Media Advertising Advertising Technology 231

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

Patently-O

FEBRUARY 21, 2023

That provision creates a wide safe harbor for internet service providers; shielding them from liability associated with publishing third-party content. Section 230 fostered the dominant social media business model where almost all of the major internet media services rely primarily upon user-provided content.

Social Media 54

Social Media Publishing Privacy Advertising 54

TorrentFreak

DECEMBER 7, 2023

A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. Social media platform Facebook also reports huge numbers of takedowns to the EC. Those listed below represent just a small sample.

Business 99

Business Reporting Social Media Copyright 99

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. The Karnataka and Orissa High Courts too have dealt with similar matters.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Satchit Bhogle.

Social Media 72

Social Media Personality Rights Law Branding 72

IP and Legal Filings

DECEMBER 21, 2022

Today, social media has become a vital part of our lives. Before, there were various print media outlets that we could rely on such as newspapers, television, and radio. However, now, with the rise of social media, users can now create their own content and spread it with thousands of people. What is Social Media?

Social Media 77

Social Media Law Government Privacy 77

LexBlog IP

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 52

Social Media Advertising Advertising Technology 52

Technology & Marketing Law Blog

NOVEMBER 26, 2021

It is not part of a government-run enterprise that only allows incidental expressive activities, such as the advertising space on the side of a city bus” Strict Scrutiny. Prescreening won’t fix that; and the ability to pick-and-choose comments to publish might exacerbate censorial tendencies. 11) Anonymous posts.

Social Media 105

Social Media Government Designs Design 105

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

Blogging 108

Blogging Publishing Social Media Advertising 108

Technology & Marketing Law Blog

DECEMBER 1, 2023

The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

Social Media 80

Social Media Privacy Law Publishing 80

Michael Geist

OCTOBER 22, 2022

Earlier this week, I attended an excellent talk with Frances Haugen, the well-known Facebook whistleblower, who delivered a compelling case that the social media giant, driven by profit maximization, consistently errs on the side of technical choices that keeps users engaged, angry, and on the platform, often at an enormous societal cost.

Privacy 106

Privacy Government Social Media Advertising 106

LexBlog IP

DECEMBER 21, 2021

In late October, Facebook announced that it would change its name to Meta , signaling a shift of the social media giant’s focus toward the metaverse , a virtual space where social media, gaming, augmented reality, virtual reality, and cryptocurrencies converge and allow people to interact virtually with one another.

Social Media 40

Social Media Television Intellectual Property Privacy 40

Technology & Marketing Law Blog

OCTOBER 18, 2021

the exclusion applies equally to personalized content and personalized ad targeting, so this bill would potentially wreak havoc on the entire advertising ecosystem. At the same time, it would devastate all other social media services that use “friends” or “followers” as part of the content delivery mechanism.

Privacy 133

Privacy Social Media Blogging Advertising 133

Technology & Marketing Law Blog

JANUARY 24, 2023

Actualizing the fears of a capricious and thin-skinned Internet publisher calling content moderation shots. I have explained in detail how mandatory editorial transparency laws enable government censorship, both by prospectively channeling publisher behavior and through post hoc enforcement threats. (It’s at greater risk.

Law 113

Law Social Media Government Privacy 113