Contracts, Marketing, Social Media and Technology

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

Social Media

Social Media Ownership Designs Design

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

Social Media

Social Media Ownership Branding Brands

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

Social Media

Social Media Law Litigation Blogging

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

AUGUST 12, 2021

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” The court notes the language of section 106 reflects an intent to be “technology-neutral”. The third factor cuts against fair use since the entirety of the video was used.

Social Media

Social Media Copyright Fair Use Licensing

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

JULY 16, 2021

22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Advertising/E-Commerce. Ariix, LLC v.

Advertising

Advertising Advertising Contracts Social Media

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. In November 2023, X corp. on all counts.

Blogging

Blogging Contracts Cease and Desist Social Media

The Rise of Influencer Marketing – Contractual Considerations

IP Tech Blog

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. billion in 2020 to $24.1

Marketing

Marketing Marketing Branding Brands

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Technology & Marketing Law Blog

AUGUST 31, 2023

” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. ” Zhang tried the breach-of-contract workaround, but the court says flatly: “There is no exception under Section 230 for breach of contract claims.”

Contracts

Contracts Social Media Blogging Publishing

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media

Social Media Contracts Advertising Advertising

Announcing the 2022 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

JULY 12, 2022

e-personation case (an edge case from a different era), and the decade-old social media e-discovery cases (mainstream CivPro by now). Taylor about true threats on social media. The Florida and Texas social media censorship laws and the associated court challenges. Social Media. Primer on FOSTA.

Editing

Editing Law Social Media Privacy

Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging

Blogging Contracts Intellectual Property Social Media

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” She now does her tattoo artistry pro bono. Nature of the Work.

Copyright

Copyright Social Media Fair Use Licensing

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. See generally, Christopher A.

Social Media

Social Media Contracts Ownership Business

Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Twitter appeared first on Technology & Marketing Law Blog. ” Third party content: Plaintiff “is responsible for the creation of his tweets, which were circulated via Twitter.”

Social Media

Social Media Blogging Publishing Marketing

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. As a result, CCDH met the first prong of the anti-SLAPP protections that the lawsuit targeted socially important speech.

Litigation

Litigation Contracts Advertising Advertising

EU Commission Encourages Use of New Anti-Piracy Toolbox

TorrentFreak

MARCH 21, 2024

Cooperation, Coordination and Information Sharing The Commission says a key aim of the Toolbox is to promote and facilitate effective cooperation between rightsholders, providers of intermediary services, and competent authorities, by promoting good practice and use of appropriate tools and new technologies.

Social Media

Social Media IP Registration Law

Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. Ideal Horizon Benefits appeared first on Technology & Marketing Law Blog.

Contracts

Contracts Social Media Business Blogging

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 27, 2022

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. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. Facebook v.

Cease and Desist

Cease and Desist Blogging Contracts Social Media

Announcing the 2021 Edition of My Internet Law Casebook

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. Weis Markets.

Editing

Editing Law Privacy Contracts

My “Summer” 2022 Activities

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Books and Academic Articles. Analysis of CA AB587). Attorney General.

Editing

Editing Social Media Blogging Advertising

Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn

Technology & Marketing Law Blog

AUGUST 9, 2023

However, in the post-Musk era, LinkedIn has become my #1 social media referral source.] The plaintiff also argued that LinkedIn breached its contract with her. LinkedIn appeared first on Technology & Marketing Law Blog. I imagine some of you are wondering if any LinkedIn account is worth suing over.

Contracts

Contracts Social Media Blogging Marketing

Elucidating the Economics of Music Streaming Recommendations

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music

Music Contracts Reporting Government

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts

Contracts Social Media Publishing Blogging

Influencer Alert! Part 255 Endorsement Regulations Are About to Get Much Tougher.

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. Brands are more likely to require disclosures in their influencing and endorsement contracts. In the world of social media, everyone’s got an angle.

Social Media

Social Media Advertising Advertising Branding

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

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

Contracts Publishing Law Government

Court Preliminarily Enjoins Ohio’s Law Requiring Parental Consent for Children’s Social Media Usage–NetChoice v. Yost

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. I previously blogged the TRO.

Social Media

Social Media Law Contracts Publishing

2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews)

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. Wired : Inside the Underground Market for Fake Amazon Reviews. The post 2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews) appeared first on Technology & Marketing Law Blog. July 28, 2022).

Social Media

Social Media Publishing Marketing Marketing

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

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

Contracts Social Media Advertising Advertising

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

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

Contracts Privacy Social Media Advertising

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

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

Social Media Law Contracts Designs

Law Enforcement’s Efforts to Scrub COVID “Misinformation” Online Violated the First Amendment–Cohoon v. Konrath

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. The court agrees, in an opinion filled with numerous gems and zingers supporting free speech, such as: “Even if short and often grammatically scurrilous, social media posts do not fall outside the ambit of the First Amendment. She posted on Instagram that she had COVID.

Law

Law Social Media Government Contracts

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. circumvent or disable any content protection system or digital rights management technology used in connection with the Disney Product; ii. Still, here’s the relevant section. Copyright Law and DRM.

Copying

Copying Social Media Licensing Technology

Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

Technology & Marketing Law Blog

AUGUST 21, 2023

As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” That topic is expressly at issue in the FLA and TX social media censorship cases). Google appeared first on Technology & Marketing Law Blog.

Contracts

Contracts Social Media Blogging Law

How Brands Can Connect With Gen Z & Change Attitudes to Counterfeiting

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. For all brands and marketers, the purpose driven element is critical. And for brands, it’s the same.”

Branding

Branding Brands Branding Social Media

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

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

Social Media Contracts Law Litigation

Competition and consumer developments round-up 2022 for the consumer sector: A year of change with more to come

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media

Social Media Branding Brands Branding

Competition and consumer round-up 2022 – A year of change with more to come

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media

Social Media Branding Brands Branding

NFTs: New Frontiers for Trademarks

IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Also consider international markets.

Trademark

Trademark Non-Fungible Tokens Branding Brands

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

JANUARY 25, 2023

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. NYP appeared first on Technology & Marketing Law Blog. The complaint. –Shah v.

Copyright

Copyright Fair Use Licensing Ownership

The first NFT copyright infringement decision handed down in China

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. the plaintiff) filed a lawsuit against Hangzhou Yuanyuzhou Technology Co.,

Copyright Infringement

Copyright Infringement Copyright Non-Fungible Tokens Artwork

The first NFT copyright infringement decision handed down in China

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. the plaintiff) filed a lawsuit against Hangzhou Yuanyuzhou Technology Co.,

Copyright Infringement

Copyright Infringement Copyright Non-Fungible Tokens Artwork

NFTs: New Frontiers for Trademarks

LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Also consider international markets.

Trademark

Trademark Non-Fungible Tokens Intellectual Property Branding

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

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.

Social Media

Social Media Law Blogging Publishing

Virtual Fashionistas: How can you protect fashion that you can’t touch?

Garrigues Blog

OCTOBER 25, 2021

Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. So, when their digital self attends an online class or chats on social media, they can choose which t-shirt to wear from the items stored in their digital wardrobe.

Non-Fungible Tokens

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Trending Sources

Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

The Rise of Influencer Marketing – Contractual Considerations

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

Announcing the 2022 Edition of My Internet Law Casebook

Web Scraping for Me, But Not for Thee (Guest Blog Post)

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

EU Commission Encourages Use of New Anti-Piracy Toolbox

Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Announcing the 2021 Edition of My Internet Law Casebook

My “Summer” 2022 Activities

Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn

Elucidating the Economics of Music Streaming Recommendations

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

Influencer Alert! Part 255 Endorsement Regulations Are About to Get Much Tougher.

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

Court Preliminarily Enjoins Ohio’s Law Requiring Parental Consent for Children’s Social Media Usage–NetChoice v. Yost

2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews)

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Court Enjoins Ohio’s Law Requiring Parental Approval for Children’s Social Media Accounts–NetChoice v. Yost

Law Enforcement’s Efforts to Scrub COVID “Misinformation” Online Violated the First Amendment–Cohoon v. Konrath

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

How Brands Can Connect With Gen Z & Change Attitudes to Counterfeiting

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

Competition and consumer developments round-up 2022 for the consumer sector: A year of change with more to come

Competition and consumer round-up 2022 – A year of change with more to come

NFTs: New Frontiers for Trademarks

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

The first NFT copyright infringement decision handed down in China

The first NFT copyright infringement decision handed down in China

NFTs: New Frontiers for Trademarks

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Virtual Fashionistas: How can you protect fashion that you can’t touch?

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