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Influence At Your Own Risk: Navigating Influencer Contracts

JD Supra Law

In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers alike.

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BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.

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CMA Releases Report on Music Streaming Market

IPilogue

On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming. Moreover, competition between music streaming services and the digitization of the market improved consumer outcomes greatly, though creators still had concerns about their earnings from streaming.

Music 105
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Sci-Hub Only Option For Academics In Russia After Major Publishers Pull Out

TorrentFreak

Major Academic Publishers End Sales in Russia. In line with other Western entities choosing to boycott Russia, 15 major companies with a virtual monopoly on scientific publishing decided that enough is enough. of the Russian market) are bought by a central source, the Russian Foundation for Basic Research (RFBR).

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 101
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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.”

Contracts 110
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Getting paid to play? Copyright, contract, and the rewards for UGC

Kluwer Copyright Blog

In my project, You Can Play (see also working paper here ), I explore how contract, rather than copyright, is the key enabler of user creativity in this industry. Commercial’ use is instead more narrowly construed by game publishers to mean use for the benefit of a company (e.g.,

Contracts 117