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 We blogged this case twice before.

Social Media 98

Social Media Ownership Branding Brands 98

IPilogue

JULY 28, 2021

An entity’s unauthorized use of a photographer’s image engages many legal issues: invasion of privacy , defamation , and violation of the right of publicity , to name a few. Section 13(3) states that if the photographer was contracted for work, the photos taken belong to their employer. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 104

Contracts Privacy Social Media Advertising 104

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Mandatory Review. Consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

LexBlog IP

NOVEMBER 22, 2021

” However, the better answer is it depends on some consideration about ownership and cost. The two benefits of LLC ownership are: (1) “domicile” privacy; and (2) no need to reassign the trademark recordation. However, if you sign a trademark application by yourself, then that privacy is lost. Conclusion.

Trademark 52

Trademark Privacy Ownership Business 52

Technology & Marketing Law Blog

MARCH 10, 2022

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. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. Maryland enacted a social media privacy law in 2021.

Social Media 79

Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.

Contracts 123

Contracts Publishing Licensing Editing 123

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues. Eric’s Comments.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

The IPKat

DECEMBER 13, 2022

Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. The NRR allows copyright holders to register and view/download copyright certificates digitally.

Copyright 120

Copyright IP Music Ownership 120

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 137

Privacy IP Technology Reporting 137

LexBlog IP

MARCH 15, 2022

” Defendants first argued that the network of salespeople and customer lists on Facebook were owned by them, as they have ownership interests in their Facebook profiles, and that because each defendant’s Facebook friends could see the rest of their friend network, these lists were not confidential.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

LexBlog IP

OCTOBER 1, 2022

The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract. Mucho Pizza affiliates – Sun Holdings Inc.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

JIPEL Copyright Blog

DECEMBER 1, 2021

Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. It can’t be interpreted more broadly to include other limitations by contracts or policies. Van Buren , at 1655.

Contracts 40

Contracts Licensing Copying Confidentiality 40

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. But not so, says the court.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Permits member states to require re-investment of streaming revenue locally.

Copyright 52

Copyright Fair Use Marketing Marketing 52

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement. Lastly, chapter 11 provides a summary of performer’s rights around the world.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

LexBlog IP

JANUARY 6, 2023

The only exception to the ban permits noncompete clauses entered into by a person who is selling a business or disposing of ownership interest in an business entity in which the individual holds at least a 25% interest. .” The rule would supersede any state statute, regulation, or order that is inconsistent with the rule.

Contracts 52

Contracts Business Publishing Ownership 52

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. The petitioner sought to exercise the right to privacy on behalf of her late aunt, J.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

MARCH 27, 2023

” Copyrights: Ownership and Use of ChatGPT output OpenAI does not address the question of copyright authorship. Instead, OpenAI treats the matter as one of ownership via contract law. Smart Contracts: Smart contracts are self-executing contracts that are coded on the blockchain.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

FEBRUARY 4, 2023

Compare to foreign defamation and privacy judgments. Silbey: surface the debate over what © is for: that privacy and defamation got excluded while IP was still being debated suggests a lack of consensus about what IP is for. Motivation for © owners to change how they view ownership? Contract instead of ©?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

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. This was erroneous.

Social Media 89

Social Media Ownership Contracts Privacy 89

SpicyIP

JUNE 13, 2022

Change in titles su ggests a shift in focus – from protection of privacy to regulation of data as an asset. Given that the underlying algorithms may have multiple uses, the company that owns the algorithms may not want to give up ownership.

Confidentiality 129

Confidentiality Technology Government Ownership 129

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Most common reason: change of ownership or structure, merger, acquisition, sponsorship change, shift from private to public, demerger Change in corporate strategy—globalization or localization, diversify or divest. 4) detailed records of works used and their provenance.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. In one notable case, Balsley v. LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79