The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

The IPKat

JULY 18, 2021

If the Government takes on board this recommendation it would mean, as Tom Gray put it “that for the first time ever, our entire music community get something” - since it provides for non-featured artists, who typically transfer their rights in exchange for a one-off session fee rather than a royalty.

Music 139

Music Contracts Reporting Government 139

Traverse Legal Blog

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

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. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 135

Contracts Publishing Law Government 135

LexBlog IP

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

LexBlog IP

JANUARY 31, 2022

Whether creating a social media account, signing up a for an online service, or just trying to get to bank statements, more and more businesses are linking to their standard terms and conditions online for suppliers and customers. Two Types of Online Contracts. J ust How Enforceable Are Online Terms? What You Need To Know.

Contracts 52

Contracts Social Media Licensing Business 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

AA’s terms and conditions says that all disputes arising under its agreements will be governed by the Northern District of Texas. 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. Breach of Contract 2.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

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 83

Social Media Law Contracts Designs 83

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Analysis of CA AB587). Attorney General.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 104

Contracts Privacy Social Media Advertising 104

IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Copyright Lately

DECEMBER 5, 2021

When a record label or other distributor receives performance royalties from Spotify, it will presumably share a portion with the comedian per the parties’ contract. Performance “Absent a Specific License”. But historically, unlike the case with music, the use of the underlying words has not been separately compensated.

Music 83

Music Licensing Copyright Publishing 83

Technology & Marketing Law Blog

OCTOBER 28, 2022

One twist is that Ryanair cannot sue Booking in the United States for breach of its terms of service, because Ryanair’s terms of service are governed by Irish law and require the jurisdiction of Irish courts. Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Berenson sued Twitter. Section 230.

Social Media 106

Social Media Contracts Government Publishing 106

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. 15 CDSM Directive.

Publishing 81

Publishing Contracts Social Media Art 81

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). .” Definitely.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

TorrentFreak

JULY 17, 2022

In today’s social media-powered world, it would’ve been devasting. According to Bungie, access to Destiny 2 is only granted after the user agrees to the terms of a Limited Software License Agreement (LSLA). The terms of the LSLA represent a binding contract between Bungie and each individual player of Destiny 2.

Social Media 127

Social Media Derivative Work Contracts Licensing 127

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. Nevertheless, she claimed Twitter conspired with the government and that converted Twitter into a state actor. Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. This case had two minor twists. Padilla , Doe v.

Social Media 121

Social Media Blogging Government Publishing 121

Velocity of Content

AUGUST 10, 2022

On the other hand, it clearly distinguishes those with an economic copyright interest from those without one while setting forth two clear paths for reuse: licensing for the former, copyright exception for the latter. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JUNE 22, 2023

Tax dollars go to the government, who can then allocate the money to (in theory) advance the public good—such as funding journalism. The CJPA bypasses the government’s intermediation and supervision of these cash flows. Instead, it pursues a policy worse than socialism. is not foreign-owned, terrorist-owned, etc.

Journalism 89

Journalism Social Media Publishing Government 89

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? Is that governed by Member State law?

Copyright Law 40

Copyright Law Law Copyright Art 40

Technology & Marketing Law Blog

JUNE 27, 2022

.” This language unambiguously governs all consumer disclosures, not just privacy-focused ones. If a consumer breaches a TOS by scraping content or posting violative content, does this provision require businesses to sue the consumer for breach of contract? See my excoriation of AB 587. “Profile a child by default.”

Privacy 137

Privacy Designs Design Business 137

Intepat

FEBRUARY 7, 2023

WEB3.0 – Decentralized Similar to the real world, the metaverse is not built or operated by a single entity, there are many stakeholders which include individuals, companies, governments etc. The conventional internet and social media, as we know it, is referred to as the Web2.0 – First to own v.

IP 52

IP Law Invention Licensing 52

43(B)log

AUGUST 11, 2022

Now, Bollywood copies Hollywood, but they use licenses—how does that compare? Licensing is also one way to do it [which seems to conflict with the idea that without this you’d get home-grown plots etc.]. Things gendered female are privatized, not considered subject to government regulation of unfairness. It’s like using quotes.

IP 72

IP Copying Marketing Marketing 72

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

Technology & Marketing Law Blog

NOVEMBER 24, 2021

Atkinson “did not allege sufficient facts to infer that Meta Platforms is a government actor.” ” The complaint alleges insufficient facts showing that Facebook took joint actions with the government. .” Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. B&P 17200.

Social Media 140

Social Media Government Publishing Contracts 140

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. copyright-protected materials as data), personal data, contract-based data, etc. English language text from journal articles; social media posts in X language; etc.)

Social Media 52

Social Media Law Journalism Copyright 52

43(B)log

AUGUST 3, 2023

Same concept of similarity governs both elements of the copyright claim! Open Source Smell Culture: perfumers can share formulas using CC licenses. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume. Q: does Le Labo go after dupes/smell-alikes?

Music 52

Music Art Copying Licensing 52

Copyright Lately

OCTOBER 18, 2021

But the right to receive royalties isn’t one of the exclusive rights granted under federal copyright law, and the assignment of these rights would appear to be governed solely by state law contract and community property principles. Let me know in the comments below or on the @copyrightlately social media accounts.

Settlement 104

Settlement Music Copyright Publishing 104

Technology & Marketing Law Blog

OCTOBER 27, 2021

And the odious idea that a government actor can force private publishers to carry their unwanted propaganda is the kind of “rule of law” we see in banana republics. Plus, yes, Trump literally takes the position that the rule of law doesn’t apply to him–even if it applies to “ordinary” Americans.

Social Media 123

Social Media Blogging Law Government 123

Technology & Marketing Law Blog

OCTOBER 7, 2021

YouTube’s TOS says: All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. The Florida district court easily agrees with YouTube.

Litigation 90

Litigation Social Media Law Blogging 90

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. Example from recent case: Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

MAY 7, 2022

Government in our republic of elected representatives would be impossible otherwise. ” Also, some of the statements cited in the complaint weren’t from actual government officials, relate only to Facebook, or weren’t actually threatening. Section 230.

Social Media 110

Social Media Government Publishing Law 110

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 108

Social Media Reporting Government Law 108

Technology & Marketing Law Blog

JULY 12, 2021

As I and others predicted at the time, the EO–now repealed–had zero material legal effect on Section 230 (though it keeps inspiring people who irrationally hate the “Tech Giants” more than they hate government censorship). I got many media calls (20+), all asking the same question: this is garbage, right?

Social Media 131

Social Media Government Blogging Litigation 131

Technology & Marketing Law Blog

JANUARY 24, 2023

There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control. 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.

Law 113

Law Social Media Government Privacy 113