Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

AUGUST 2, 2021

I did not add coverage of the Florida social media censorship law or NetChoice v. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Toys ‘R’ Us v.

Editing 145

Editing Law Privacy Contracts 145

Kluwer Copyright Blog

MARCH 6, 2023

Other TDM projects have examined social media and other online sources to track and explain COVID-19 vaccination hesitancy, and to identify High-Risk COVID-19 patients. For example, Shasha Teng et al analyzed a dataset of 43,203 YouTube comments to scrutinize the correlations between vaccine hesitancy factors and vaccination intention.

Copyright 121

Copyright Social Media Publishing Licensing 121

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

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

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. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Regulation of Political Advertising (2022 Edition).

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. The court held that the photographer, and not the group or other members, held the copyright, so the group’s posting of the photos to social media could infringe.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

43(B)log

FEBRUARY 3, 2024

Are courts just mistaking the nature of the consumer or just ignoring it and using other factors? Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. If only the tsar knew !

False Advertising 49

False Advertising Contracts Branding Brands 49

Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

Velocity of Content

AUGUST 10, 2022

Under the IPO’s proposal, “Rights holders will no longer be able to charge for UK licences for TDM and will not be able to contract or opt-out of the exception. In other words, as long as a user receives lawful access, including a personal subscription or free access through membership, all TDM and AI is fair game.

Law 116

Law Licensing Publishing Intellectual Property 116

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Registration 112

Registration Fair Use Copyright Designs 112

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Copyright Lately

DECEMBER 12, 2022

” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original. On March 8, 1994, The New York Times reported 2 Live Crew’s Supreme Court fair use victory. Lil’ Joe Makes a Deal.

Copyright 103

Copyright Music Fair Use Social Media 103

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

The IPKat

JULY 9, 2023

the type of permission, payment, and contract). It should also be noted that appropriating artists such as Jeff Koons have also won disputes based on fair use. Another aspect explored is that street art and graffiti have social norms. Social media are used by artists to spread info on bitting.

Art 57

Art Copyright Moral Rights Cease and Desist 57

43(B)log

AUGUST 11, 2022

Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions. Social Uses of TM Stephanie Plamondon Bair, Clark Asay, and LaReina Hingson Early stage research on use of “TM” in casual social discourse. It’s like using quotes.

IP 72

IP Copying Marketing Marketing 72

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. Let me know in the comments below or on any social media platform you want, as long as it’s Twitter , Instagram , LinkedIn or Facebook.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Leah Chan Grinvald: Does social media make it easier to establish secondary meaning with virality? Doesn’t descriptive fair use preserve the primary meaning already? How is reputation constructed in law?

Copyright 69

Copyright Business Branding Brands 69

43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion. Example from recent case: Abrahams v.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124