IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Breach of Contract 2. Facebook v.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. Still, its implications are wide-ranging. This case covers similar ground as the uncited Hubay v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” ” Oof.

Contracts 104

Contracts Privacy Social Media Advertising 104

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 89

Editing Social Media Blogging Advertising 89

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 136

Contracts Publishing Law Government 136

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage.

Copyright 76

Copyright Music Contracts Settlement 76

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 92

Contracts Social Media Advertising Advertising 92

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 74

Social Media Contracts Law Litigation 74

Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. 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 85

Contracts Social Media Blogging Law 85

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

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

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. Obviously, “the alleged allusion to Mr. Knievel bears substantial artistic relevance to the creative work.”

Advertising 59

Advertising Advertising Social Media Licensing 59

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. The facts of the case are relatively simple, with a couple of twists.

Blogging 87

Blogging Cease and Desist Business Litigation 87

Copyright Lately

JULY 17, 2022

The termination provision at issue in Livingston is Copyright Act section 203(a) , which allows authors and their statutory heirs to terminate post-1978 copyright assignments and licenses as early as 35 years after they were originally made. It’s these assignments that Travilyn terminated 35 years later. Que Sera, Sera, indeed.

Copyright 62

Copyright Music Social Media Publishing 62

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 107

Social Media Contracts Government Publishing 107

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Are Social Media Services “State Actors” or “Common Carriers”?

Social Media 122

Social Media Blogging Government Publishing 122

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Parker, 2022 WL 17403220 (D.D.C.

Privacy 98

Privacy Marketing Marketing Social Media 98

Technology & Marketing Law Blog

JUNE 22, 2023

Broadcasters qualify as DJPs if they: have the specified FCC license, engage journalists (like the factor above), update content at least weekly, and have error correction processes (like the factor above). ” I assume the analogous agreements will come from music licensing? is not foreign-owned, terrorist-owned, etc. 127 (2022).

Journalism 89

Journalism Social Media Publishing Government 89

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. That said, few scraping-related cases pursue these issues past the first few stages of litigation.

Blogging 105

Blogging Cease and Desist Contracts Marketing 105

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

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? We don’t have definite caselaw.

Copyright Law 40

Copyright Law Law Copyright Art 40

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman later licensed “Invincible” television rights to Amazon Studios and denied the existence of a oral agreement to give Crabtree a share of the revenue. The court also defended its approach as striking an appropriate balance between copyright and contract law. A copy of the Crabtree’s new lawsuit follows.

Ownership 65

Ownership Television Copyright Copyright Notice 65

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.]. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions.

IP 72

IP Copying Marketing Marketing 72

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 90

Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

NOVEMBER 24, 2021

” Once again, Section 230 can preempt contract-based claims that are backdoor workarounds to Section 230. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. B&P 17200. ” Implications.

Social Media 140

Social Media Government Publishing Contracts 140

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Open Source Smell Culture: perfumers can share formulas using CC licenses.

Music 52

Music Art Copying Licensing 52

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. You and YouTube consent to personal jurisdiction in those courts.

Litigation 91

Litigation Social Media Law Blogging 91

Technology & Marketing Law Blog

OCTOBER 27, 2021

I’m not sure about litigation etiquette, but to me, Trump’s move seemed to be premature, ill-advised, or bad form. This is not a hard case. ” Plaintiffs always lose must-carry lawsuits , and Trump’s arguments give no reason believe that he will become the exception to the dozens of failed cases that preceded this case.

Social Media 124

Social Media Blogging Law Government 124

Technology & Marketing Law Blog

MAY 7, 2022

Here, plaintiffs offer only ambiguous and open-ended statements to the effect that “we may legislate” something unfavorable to Twitter or the social media sector. ” Florida Social Media Censorship Law. The new answer: buy a social media company (see also MySpace and Tumblr ). ” Implications.

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 109

Social Media Reporting Government Law 109

Technology & Marketing Law Blog

JULY 12, 2021

He has brought thousands of lawsuits in his lifetime (and has made empty litigation threats many more times), and he rarely cares if he wins his lawsuits or invests much energy in trying to win. The social media services aren’t afraid of lawfare, and Trump surely knows he has little or no chance of winning in court.

Social Media 131

Social Media Government Blogging Litigation 131

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. The opinion upheld every aspect of Texas’ social media censorship law. Basically, Musk’s mistakes pour gasoline on the regulatory fires for everyone.

Law 113

Law Social Media Government Privacy 113