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 85

Social Media Law Contracts Designs 85

Technology & Marketing Law Blog

JUNE 21, 2022

The bill applies to “social media platforms” that: “(A) Construct a public or semipublic profile within a bounded system created by the service. (B) ” This definition of “social media” has been around for about a decade, and it’s awful. Who’s Covered by the Bill?

Social Media 121

Social Media Law Publishing Reporting 121

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. a worldwide, non-exclusive, royalty-free license”), and there is no allegation that it was corrupted, changed, or deleted. The service that Power Ventures sold was a platform to manage multiple social media platforms together.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

IP and Legal Filings

JULY 24, 2023

Introduction Shutterstock is a global provider of licensed images, videos, audio and editing tools, that has revolutionized the way visual content can be accessed and used. Content creators contribute their work to the platform, making it available for licensing, while end users can easily browse, license and utilize them.

Licensing 90

Licensing Advertising Advertising Copying 90

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. When you hire someone to write or post or do social media for you, or create most types of content, it is generally a work for hire type of agreement.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! v EUIPO | Case T-509/19) and the importance of presenting valid arguments for the existence of a link between the marks - even in the case of marks with an exceptional reputation ( Puma v EUIPO | Case T-71/20).

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Technology & Marketing Law Blog

FEBRUARY 11, 2024

( head nod to Judge Friendly ). * * * The plaintiff licenses a photo database to grocery stores for $12k/yr. Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page.

Copyright Infringement 83

Copyright Infringement Social Media Copyright Licensing 83

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 96

Blogging Contracts Intellectual Property Social Media 96

JD Supra Law

MAY 2, 2022

What makes the cases unique is that in each one, the defendant had a Creative Commons license to use the image for commercial purposes free of charge. Knowing the potential traps associated with these licenses and how they can arise may help your company avoid being the next defendant.

Social Media 94

Social Media Copyright Infringement Licensing Blogging 94

Technology & Marketing Law Blog

NOVEMBER 22, 2021

The post All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v. Facebook appeared first on Technology & Marketing Law Blog. Facebook, Inc., 21-22440-civ-williams (S.D.

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Social Media Blogging Law Marketing 71

Dragons' Den

JANUARY 11, 2024

Derry’s glamping paradise was a hit on social media. Licensing the luxury outdoor experience Derry wisely understands the benefits of protecting the IP in a business. Our IP Basics YouTube video (link) gives a quick introduction to licensing and franchising your IP. I decided to build a deck to camp on.

Blogging 52

Blogging IP Business Confidentiality 52

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. Rusty Krab Restaurant (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 92

Blogging Social Media Television Fair Use 92

TorrentFreak

MAY 26, 2023

Takedown Trouble Triggers Lawsuit This takedown policy is widely accepted as the standard for social media services but every now and then, disputes can arise. The TV production is licensed to Sony LIV and was a huge success. However, as often happens with popular media, pirated footage was readily available too.

Social Media 120

Social Media Copyright Infringement Ownership Fair Use 120

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.” Katherine Von Drachenberg (“Kat Von D”) is a celebrity tattoo artist.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

MAY 22, 2024

May 17, 2024) I’m blogging this one for completeness because I remain fascinated by the incredible futility of account termination/content removal lawsuits. This case got a little media coverage in October. Google Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Georgia Auto Group LLC v.

Litigation 69

Litigation Social Media Government Publishing 69

The IP Law Blog

SEPTEMBER 30, 2022

It also protects images, photos, videos, and other written work, such as blog posts. Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Making a copy of a video or audio recording.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

Technology & Marketing Law Blog

MARCH 28, 2023

Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” Guest Blog Post) appeared first on Technology & Marketing Law Blog. The court dismissed the market division argument on the grounds that it was time barred.

Blogging 106

Blogging Cease and Desist Contracts Marketing 106

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.

Blogging 96

Blogging Copying Social Media Copyright 96

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. This will allow the company to appropriately utilize the work.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple social media platforms together. Power Ventures, Inc. dispute back in the Ninth Circuit in 2016. Facebook v.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Velocity of Content

FEBRUARY 13, 2024

While licensed or structured datasets can be beneficial, they do not cover everything and sometimes an organization needs to fill the gaps between their data sources to create a single source that is unique and particularly relevant to the organization’s needs.

Social Media 98

Social Media Licensing Business Blogging 98

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

[I will blog the NetChoice v. In Arkansas, a law requiring parental consent before minors sign up for social media accounts didn’t survive intermediate scrutiny. 31, 2023) Arkansas’ law says minors need parental consent before creating social media accounts. Bonta ruling very soon.] Void for Vagueness.

Social Media 125

Social Media Privacy Law Government 125

IPilogue

OCTOBER 26, 2022

Felicia Capoigri , a lawyer and comparative cultural heritage, art and fashion law scholar, states that Jean Paul Gaultier could argue that some uses are “creative re-elaborations” of Botticelli’s Birth of Venus which would exclude the use from the “cultural property licensing scheme”. .

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

Velocity of Content

OCTOBER 20, 2021

But, as an article in MIT Technology Review points out , ML is the brains behind “recommendation systems like those on Netflix, YouTube, and Spotify; search engines like Google and Baidu; social-media feeds like Facebook and Twitter; voice assistants like Siri and Alexa.” In other words, ML provides the magic ( !?!) to 2:30 p.m.

Copyright Law 105

Copyright Law Copyright Social Media Law 105

Plagiarism Today

APRIL 7, 2022

In short, this means that, if you post your work to a web page with social media buttons, an open license or even just tools to aid in printing or emailing, the work is likely considered to be published. There wasn’t even a system for registering blog content, like this site, until June 2020.

Publishing 254

Publishing Registration Social Media Copyright 254

IPilogue

AUGUST 26, 2022

They claimed that Meta, on its social media platforms, has stolen hundreds of their content. Influencer culture and, by extension, content creation on social media, has become increasingly prevalent in recent years. Who is Epidemic Sound?

Copyright Infringement 104

Copyright Infringement Copyright Music Social Media 104

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 81

Social Media Blogging Publishing Marketing 81

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 110

Social Media Reporting Government Law 110

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 114

Law Social Media Government Privacy 114

IPilogue

OCTOBER 12, 2021

Clearview’s AI crawls the internet and can access, download, and store any image uploaded to social media. Many social media companies, including Google, Facebook, and Twitter, have accused Clearview of utilizing user images without authorization.

Social Media 110

Social Media Privacy Technology Reporting 110

Kluwer Copyright Blog

MARCH 6, 2023

Studies have shown significant improvement in results from TDM research using full-text articles, which are often behind a paywall or subject to additional licensing, rather than mere abstracts, which are often more freely available. Many of the projects described below use this basic function of TDM in various specific applications.

Copyright 121

Copyright Social Media Publishing Licensing 121

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. . Twitter appeared first on Technology & Marketing Law Blog. A Twitter user sued over his account suspension. Same result.

Contracts 108

Contracts Social Media Blogging Publishing 108

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. Eugene Volokh’s blog post that was endorsed by Justice Thomas. Building off the Railway Employees v Hanson and Denver Area cases and Volokh’s blog post, Huber claimed that Section 230 was unconstitutional. In his blog post, Prof.

Social Media 123

Social Media Blogging Government Publishing 123

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 88

Blogging Cease and Desist Business Litigation 88

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. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 80

Social Media Contracts Ownership Business 80

Velocity of Content

SEPTEMBER 2, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 116

Copyright Licensing Social Media Derivative Work 116

Technology & Marketing Law Blog

OCTOBER 27, 2021

I didn’t blog the motion in part because I wasn’t sure if the court would ever hear it in its current form. (Of Of course, Mike Masnick blogged it at Techdirt ). Twitter appeared first on Technology & Marketing Law Blog. This is not a hard case.

Social Media 124

Social Media Blogging Law Government 124