LexBlog IP

MARCH 30, 2023

As artificial intelligence, also known as “AI” becomes more of a household word, it is worth pointing out not only how cool it can be, but also how some uses raise privacy concerns. Examples of this are evident in the massive explosion of smartphones and social media.

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Privacy Social Media Technology Publishing 40

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Designs Design Social Media Privacy 57

Michael Geist

JANUARY 31, 2024

It may be the most dangerous Internet bill you’ve never heard of since it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media.

Technology 125

Technology Privacy Government Social Media 125

IPilogue

JULY 16, 2021

Reports of racial bias and Canadian privacy law violations weaken the argument for implementing FRT. On June 10, 2021, the Office of the Privacy Commissioner (“OPC”) issued a 29-page report on FRT and Royal Canadian Mounted Police (“RCMP”) -related surveillance as it pertains to the Canadian public. What is Clearview?

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Privacy Law Reporting Technology 106

43(B)log

AUGUST 5, 2021

Dustin Marlan, The Dystopian Right of Publicity Privacy problems (surveillance) are often analogized to the dystopia of 1984; ROP problems stemming from infinite transferablility can be analogized to Brave New World (1932). Class action ROP lawsuits against social media: result was broader consents in TOS. See her book.

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Privacy Social Media Moral Rights Litigation 45

LexBlog IP

JULY 13, 2021

Music is also a vital component of social media platforms, as research displays that nine out of 10 social media users engage in a music related activity on their apps. Taking heed of the GDPR, in early 2020, California passed the California Consumer Privacy Act ( CCPA ).

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Music Privacy Social Media Law 52

Technology & Marketing Law Blog

JANUARY 18, 2024

The court got there by collapsing the distinction between (1) businesses discriminating against buyers based on their identity, and (2) advertisers allocating scarce advertising dollars to highlight their offerings to the most interested consumers. 4) Social media “defective design” lawsuits go forward.

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Law Social Media Advertising Advertising 102

IPilogue

MARCH 13, 2023

Value for Users Traditionally, users have valued the ability to share their personal information while using online services, like search engines or social media platforms, citing their desire to receive personalized advertisements. What monetary value do some privacy-conscious users demand to share their personal information? $20

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Social Media Advertising Advertising Privacy 106

LexBlog IP

JANUARY 26, 2023

Not only are individuals subject to these scams, but legitimate businesses are spoofed and used to conduct the scams and they only find that out after the fact. It is frustrating when your business name is used by a criminal to conduct fraud and you don’t know it’s happening, how it’s happening, or how to stop it.

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Privacy Social Media Business Copying 40

LexBlog IP

MARCH 8, 2024

DPIA Report Requirement: The State argued that these extensive and time-consuming reports will require businesses to assess “how their products use children’s data and whether their data management practices or product designs pose risks to children.”

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Designs Design Social Media Privacy 52

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.

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Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

Social Media 85

Social Media Privacy Designs Design 85

Michael Geist

DECEMBER 14, 2023

But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention. First, the bill is not limited to pornography sites.

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Law Social Media Government Privacy 145

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

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Social Media Contracts Ownership Business 79

LexBlog IP

FEBRUARY 17, 2022

faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information Privacy Act (BIPA). The complaint alleged that Clearview scraped over 3 billion images from various social media platforms and other online sources to create a facial recognition database.

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Privacy Social Media Law Business 40

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

American business regulation generally encourages “permissionless” innovation. It requires businesses to prepare “impact assessments” before launching new features that kids are likely to access. The bill requires businesses to prioritize the best interests of children above all else.

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Designs Design Privacy Business 109

IP Tech Blog

JULY 18, 2023

Other considerations for legal professionals abound, privacy being salient among them. AI-generated music adopting the vocal styles of popular musicians has become ubiquitous on TikTok and other social media platforms, racking up millions of views and listens, and raising copyright, trademark, and right of publicity questions.

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Business Law Social Media Reporting 52

IPilogue

JANUARY 11, 2023

The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

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Journalism Privacy Contracts IP 80

IP Tech Blog

MARCH 20, 2023

Consistent with this message, the FTC has been busy rulemaking to address data protection and privacy, disclosures, endorsements and reviews, children’s advertising, and health-related product claims. What Privacy-Related Claims Does Your Company Make? Disclosures, Endorsements, Dark Patterns – Oh, My!

Advertising 62

Advertising Advertising Reporting Privacy 62

Traverse Legal Blog

MAY 1, 2022

Entities that typically utilize AUPs include schools/universities, corporations/businesses, internet service providers, and website owners. Included in a standard AUP are clauses specifying the purpose and scope of the policy, the user’s rights and responsibilities, acceptable uses, prohibited uses, and privacy standards. Pornography.

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Social Media Reporting Business Fair Use 97

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

LexBlog IP

JANUARY 26, 2023

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta (formerly Facebook), they are now eyeing other industries, including the fast food industry.

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Social Media Privacy Advertising Advertising 40

Technology & Marketing Law Blog

DECEMBER 14, 2022

Both the Tweet and the article, which appear in the video posted by the Defendants, indisputably place Kogan’s photo with Jackson next to images and text that promote penile enhancement surgery and the Defendants’ business. When is a video showing content published on social media an advertisement, and when it is a documentary?

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Social Media False Advertising Advertising Advertising 115

Michael Geist

AUGUST 9, 2023

The document has sparked criticism from business groups and the U.S. government given that it envisions a retroactive three percent tax that will hit a wide range of businesses. But what if the user uses a privacy tool to limit the tracking?

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Social Media Government Advertising Advertising 52

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. about your goods, products or services”).

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Advertising Advertising Settlement Contracts 64

LexBlog IP

JULY 18, 2023

Other considerations for legal professionals abound, privacy being salient among them. AI-generated music adopting the vocal styles of popular musicians has become ubiquitous on TikTok and other social media platforms, racking up millions of views and listens, and raising copyright, trademark, and right of publicity questions.

Business 52

Business Law Reporting Music 52

Michael Geist

JUNE 2, 2023

The government now says it won’t give in to “threats” but the reality is that Canadian Heritage Minister Pablo Rodriguez more accurately described it last year as a “business decision” when he appeared before the Heritage committee. Given ongoing concerns with privacy and other issues, there are unsurprisingly few fans of Facebook right now.

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Government Social Media Publishing Business 96

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. Plaintiffs successfully alleged that “Facebook acquired and maintained monopoly power by making false representations to users about Facebook’s data privacy practices.”

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False Advertising Advertising Advertising Privacy 59

LexBlog IP

MARCH 20, 2023

Consistent with this message, the FTC has been busy rulemaking to address data protection and privacy, disclosures, endorsements and reviews, children’s advertising, and health-related product claims. What Privacy-Related Claims Does Your Company Make?

Advertising 52

Advertising Advertising Reporting Privacy 52

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. See Musk, Elon).

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Social Media Ownership Marketing Marketing 78

Kluwer Copyright Blog

APRIL 15, 2024

Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g. Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement).

Licensing 56

Licensing Social Media Contracts Privacy 56

Kluwer Copyright Blog

OCTOBER 3, 2023

To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. More from our authors: Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93

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Fair Use Privacy Copyright Technology 136

Intepat

JULY 4, 2023

Since the brand value is often connected to YouTube Business, trademark registration increases the value of the YouTube brand. The digital age has afforded individuals the privilege of maintaining their privacy while carrying out infringing activities. A fine of rupees fifty thousand which can be increased to the extent of two lakhs.

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Trademark Social Media Branding Brands 52

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Academic researchers can also fit this paradigm. ” Click on the image to see the animation.

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Contracts Privacy Social Media Advertising 103

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.

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Social Media Law Blogging Publishing 97

LexBlog IP

APRIL 11, 2023

These tools can be incredibly beneficial to businesses, but they also carry risks. In late March, OpenAI released an API (application programming interface) to select businesses to allow them to incorporate the AI technology into their own websites and apps via plugins. What Is ChatGPT? How Are Brands Using ChatGPT?

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Social Media Branding Brands Branding 52