Blogging, Contracts and Social Media - Intellectual Property Pulse

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

Social Media

Social Media Ownership Designs Design

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. We blogged this case twice before. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

Social Media

Social Media Ownership Branding Brands

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

Social Media

Social Media Law Litigation Blogging

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

AUGUST 12, 2021

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” Use of content posted to social media has generated many posts on this blog, starting with AFP v. United Sports.

Social Media

Social Media Copyright Fair Use Licensing

Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging

Blogging Contracts Intellectual Property Social Media

Copyright Concerns When Using Others to Create Content

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. And there’s nothing wrong with that, of course. So be on the lookout for that.

Social Media

Social Media Copyright Cease and Desist Contracts

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

JULY 16, 2021

22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Reminder: courts sometimes demand that consumers click twice to form a contract. Advertising/E-Commerce. Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. Lona’s Lil Eats, LLC v. Handle, Inc.,

Advertising

Advertising Advertising Contracts Social Media

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Technology & Marketing Law Blog

AUGUST 31, 2023

Blog post coverage of that ruling here. ” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. . Contract Breach. Twitter appeared first on Technology & Marketing Law Blog. The user tried again. Same result.

Contracts

Contracts Social Media Blogging Publishing

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. Facebook v.

Cease and Desist

Cease and Desist Blogging Contracts Social Media

Avoiding Fumbles and Penalties in California with Influencer Classification

LexBlog IP

FEBRUARY 16, 2024

This blog has been cross-posted on Seyfarth’s California Peculiarities Employment Law blog. Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent.

Social Media

Social Media Intellectual Property Contracts Branding

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media

Social Media Contracts Advertising Advertising

Informed NIL Deals: Basic Contract Law Education Should be Required for All College Athletes

LexBlog IP

NOVEMBER 15, 2021

There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. Further, it is more likely to be a verbal agreement or one made over social media. To form a contract, three main ingredients are required.

Contracts

Contracts Social Media Law Business

Announcing the 2022 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

JULY 12, 2022

You might also check out (1) my Internet Law course page , which includes a quarter-century of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for my Fall 2021 online-only course. Social Media.

Editing

Editing Law Social Media Privacy

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business

Business Contracts Branding Brands

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. See generally, Christopher A.

Social Media

Social Media Contracts Ownership Business

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

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.” Prior Tattoo Copyright Blog Posts. She now does her tattoo artistry pro bono.

Copyright

Copyright Social Media Fair Use Licensing

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. RIPTwitter. * * * Most readers should stop reading the blog post here. Breach of Contract Twitter’s TOS bans scraping.

Litigation

Litigation Contracts Advertising Advertising

Is Your Website Published or Unpublished?

Plagiarism Today

APRIL 7, 2022

Also in 2018, FDN filed the original complaint, targeting both Amazon and CCA, alleging that they both breached contracts and committed copyright infringement. There wasn’t even a system for registering blog content, like this site, until June 2020. But this is where FDN introduces a new wrinkle.

Publishing

Publishing Registration Social Media Copyright

[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)

SpicyIP

AUGUST 1, 2023

Supervising communication strategy of the programme’s work and activities to various audiences through reports, outreach materials, social media, updates for newsletters, blogs, and websites etc. The contract may be terminated by providing a 15 day notice from either side. No additional benefits/perks will be provided.

Intellectual Property Law

Intellectual Property Law Intellectual Property Contracts Social Media

Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. See my extensive blog coverage of Medical Justice.

Contracts

Contracts Social Media Business Blogging

Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Twitter appeared first on Technology & Marketing Law Blog. ” Third party content: Plaintiff “is responsible for the creation of his tweets, which were circulated via Twitter.”

Social Media

Social Media Blogging Publishing Marketing

Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

AUGUST 2, 2021

You might also check out (1) my Internet Law course page , which includes 24 years of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for the 2020 online-only course. Blogs and Social Networking Sites.

Editing

Editing Law Privacy Contracts

Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 28, 2022

Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook).

Blogging

Blogging Cease and Desist Business Litigation

My “Summer” 2022 Activities

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts. I’ve blogged 100+ posts so far this year. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws?

Editing

Editing Social Media Blogging Advertising

Court Preliminarily Enjoins Ohio’s Law Requiring Parental Consent for Children’s Social Media Usage–NetChoice v. Yost

Technology & Marketing Law Blog

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] I previously blogged the TRO. To enable greater government censorship of speech? (I

Social Media

Social Media Law Contracts Publishing

The Rise of Influencer Marketing – Contractual Considerations

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Any contract should therefore include language that ensures the influencer will comply with the applicable disclosure requirements.

Marketing

Marketing Marketing Branding Brands

The Digital Age of Journalism: My Placement at “The Globe and Mail”

IPilogue

JANUARY 11, 2023

Over the course of my time at The Globe, I gained vast and multidisciplinary experience, but three major themes emerged within my practical and research work: privacy, contracts, and data protection. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism

Journalism Privacy Contracts IP

SEC Continues to Police Confidentiality Provisions for Theoretical Whistleblower Suppression

Trading Secrets

JANUARY 24, 2024

And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. with respect to such communications.” However, Rule 21f-17(a) does not create a private right of action.

Confidentiality

Confidentiality Cease and Desist Settlement Social Media

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media

Social Media Law Contracts Designs

Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn

Technology & Marketing Law Blog

AUGUST 9, 2023

However, in the post-Musk era, LinkedIn has become my #1 social media referral source.] The plaintiff also argued that LinkedIn breached its contract with her. LinkedIn appeared first on Technology & Marketing Law Blog. .” She also claims she suffered financial losses due to the LinkedIn account termination. [I

Contracts

Contracts Social Media Blogging Marketing

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

Technology & Marketing Law Blog

DECEMBER 7, 2022

See my blog post on the lower court ruling. Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. YouTube defended on Section 230 and other grounds.

Contracts

Contracts Publishing Law Government

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts

Contracts Social Media Publishing Blogging

SEC Continues to Police Confidentiality Provisions for Theoretical Whistleblower Suppression

LexBlog IP

JANUARY 24, 2024

And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. with respect to such communications.” ” However, Rule 21f-17(a) does not create a private right of action.

Confidentiality

Confidentiality Cease and Desist Settlement Social Media

Centering Artists’ Voices Within IP Discourse

IPilogue

MARCH 1, 2022

On the one hand, social media has enabled global sharing of news and creative media. E: What advice would you give to fellow artists and makers on social media on sharing their work? E: What would you like to see happen in terms of the culture of social media artists and their followers?

Social Media

Social Media IP Business Branding

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Technology & Marketing Law Blog

JUNE 9, 2022

This blog post will show how data snarfers vex the courts and expose unfortunate gaps in existing legal doctrines. * * *. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.”

Contracts

Contracts Privacy Social Media Advertising

Fighting Back Against Data Scrapers

LexBlog IP

DECEMBER 22, 2022

Google contracted with LyricFind to supply song lyrics for Google’s “Information Box.” GMC sued Google in state court, for breach of contract (based on its TOU), unfair competition, and several other state law claims. Aggregated blogs. Social media. BLOG CONTENT NOT LEGAL ADVICE.

Contracts

Contracts Social Media Copyright Music

Thoughts on Working with B2B Influencer

LexBlog IP

FEBRUARY 1, 2022

Make sure that when your influencers post on their social channels, they use #ad, #sponsored, #BrandPartner, #BrandAmbassador or a similar disclosure, making clear there is a connection between the influencer and the company at the top of the post. Tip #7: Ensure authenticity. Tip #8: Morals on the job are important too.

Social Media

Social Media Contracts Branding Brands

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. Davis argued that the TOSes are contracts of adhesion.

Social Media

Social Media Contracts Law Litigation

Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

Technology & Marketing Law Blog

AUGUST 21, 2023

And after a remarkable 6 tries, the Newman race-based lawsuit has now failed too ( prior blog post ). As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” This sets up YouTube for a major own-goal. .”

Contracts

Contracts Social Media Blogging Law

Recent Privacy Regulations Concerning Automated Decision-Making Systems: Implications on AI Commercialization

IPilogue

JUNE 1, 2022

With more businesses developing and using AI-based automated decision-making (ADM) systems, algorithmic discrimination (at work , social media , or public services ) has been in the spotlight (in both the public and governments’ eyes). Nowadays, privacy concerns exceed personal information protection. .

Privacy

Privacy Social Media Ownership Business

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts

Contracts Social Media Advertising Advertising

Law Enforcement’s Efforts to Scrub COVID “Misinformation” Online Violated the First Amendment–Cohoon v. Konrath

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. The court agrees, in an opinion filled with numerous gems and zingers supporting free speech, such as: “Even if short and often grammatically scurrilous, social media posts do not fall outside the ambit of the First Amendment. She posted on Instagram that she had COVID.

Law

Law Social Media Government Contracts

2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews)

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. The post 2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews) appeared first on Technology & Marketing Law Blog.

Social Media

Social Media Publishing Marketing Marketing

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

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

Social Media Law Blogging Publishing

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Trending Sources

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Web Scraping for Me, But Not for Thee (Guest Blog Post)

Copyright Concerns When Using Others to Create Content

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Avoiding Fumbles and Penalties in California with Influencer Classification

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

Informed NIL Deals: Basic Contract Law Education Should be Required for All College Athletes

Announcing the 2022 Edition of My Internet Law Casebook

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Is Your Website Published or Unpublished?

[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)

Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits

Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter

Announcing the 2021 Edition of My Internet Law Casebook

Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

My “Summer” 2022 Activities

Court Preliminarily Enjoins Ohio’s Law Requiring Parental Consent for Children’s Social Media Usage–NetChoice v. Yost

The Rise of Influencer Marketing – Contractual Considerations

The Digital Age of Journalism: My Placement at “The Globe and Mail”

SEC Continues to Police Confidentiality Provisions for Theoretical Whistleblower Suppression

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

SEC Continues to Police Confidentiality Provisions for Theoretical Whistleblower Suppression

Centering Artists’ Voices Within IP Discourse

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Fighting Back Against Data Scrapers

Thoughts on Working with B2B Influencer

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

Recent Privacy Regulations Concerning Automated Decision-Making Systems: Implications on AI Commercialization

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Law Enforcement’s Efforts to Scrub COVID “Misinformation” Online Violated the First Amendment–Cohoon v. Konrath

2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews)

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Stay Connected