Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

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Social Media Ownership Marketing Marketing 79

IPilogue

AUGUST 16, 2022

August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link]. They sought $22,412.45

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Copyright Infringement Copyright Registration Social Media 104

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. It is clear that there are many definitions and it was generally difficult to settle on one for something that had been “hyped” so much, noted Dr Guadamuz. NFTs could potentially enable ownership but this is yet to be seen.

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Ownership IP Non-Fungible Tokens Intellectual Property 56

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 91

Blogging Social Media Television Fair Use 91

IP and Legal Filings

OCTOBER 18, 2022

It encompasses all intersecting IT industries and might affect anything from social media use to surveillance, e-commerce, and technological innovation. The IT Bill mandates a licencing structure for numerous services, including social networks and data centres, while offering broad definitions for social network and service provider.

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Non-Fungible Tokens Artwork Privacy Ownership 52

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

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52

Designs Design Trademark Copyright 52

Copyright Lately

FEBRUARY 6, 2022

Buyers were basically acquiring nothing more than the ability to say that they “owned” a particular song—but without any actual ownership and with their bragging rights confined to the HitPiece ecosystem. Please let me know your thoughts in the comments below or on your favorite social media account @copyrightlately.

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Music Social Media Artwork Intellectual Property 92

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” 512(f) case in the context of an ownership dispute is sent to a jury. ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023). Serc-CA Discos, Inc.

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IP Advertising Advertising Copyright 72

Copyright Lately

AUGUST 10, 2021

Last year, I wrote about an epic copyright battle between the Philadelphia Phillies and the original creators of the Phillie Phanatic over ownership rights in the beloved baseball mascot. As always, if you have any comments, feel free to drop me a line below or on your favorite social media platform @copyrightlately.

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Derivative Work Copyright Settlement Reporting 102

LexBlog IP

SEPTEMBER 25, 2023

At present, there is no uniform definition of AI, however, it is generally understood to refer to computer technology with the ability to simulate human intelligence in order to analyze data and reach conclusions, find patterns, and predict future behavior along with the ability to learn from such data and adapt its performance over time.

Confidentiality 52

Confidentiality Intellectual Property Marketing Marketing 52

LexBlog IP

JULY 26, 2022

If you search online, you will find slightly different definitions, depending on the source. The agreements governing transactions in this space must address the collection, ownership and use of this data. ” That elevator speech always includes a discussion of ad tech, starting with an explanation of what it is.

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Advertising Advertising Branding Brands 52

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

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Registration Ownership Social Media Marketing 45

IP and Legal Filings

SEPTEMBER 12, 2022

Additionally, when it comes to videos, we live in a time of social media where the platforms are made up of recreations and iterations of works. Ownership of Copyright. Ownership under employment. The author of the work will however not have the ownership of the art in case they are employed under an authority.

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Art Copyright Artistic Work Public Domain 52

Corsearch

NOVEMBER 15, 2022

There are different definitions of what the metaverse is. The majority ( 83% ) of Roblox users are under 16 years old[2], signalling that the future generation is shifting to Roblox to hang with their friends instead of more conventional social media. The accuracy and traceability of ownership is the key attraction here.

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Branding Brands Branding Non-Fungible Tokens 52

43(B)log

AUGUST 3, 2023

Benefits: nationwide right of priority, evidence of validity/exclusive ownership, right to police imports, incontestability after 5 years, symbolic benefits like ®. That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. It’s market definition.

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Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 12, 2021

In that sense, this case is like the “material support for terrorists” cases against social media services, which have failed on a wide variety of grounds beyond Section 230. Anyone who points to those cases as a reason to reform Section 230 is disregarding what the courts are actually saying. Section 230.

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Copyright Infringement Publishing Designs Design 115

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner.

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IP Contracts Social Media Copying 94

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

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Ownership Television Copyright Copyright Notice 65

IPilogue

DECEMBER 17, 2021

does not include colour in the statutory definition of trademarks. While Tiff paint has sparked conversation about monopolizing colours, Semple’s strong language on his e-commerce website and social media posts overstates the Tiffany & Co’s trademark rights. since 1998. The Lanham Act —the federal trademark statute in the U.S—does

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Trademark Social Media Art Ownership 112

LexBlog IP

AUGUST 2, 2022

Gagnon , Russell Beck notes that court, among other things, effectively expanded the definition of what qualifies as a solicitation under the 2015 statute. Social Media Ownership: I have written before about disputes that can arise between a departing employee and her former employer over ownership of social media.

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Social Media Ownership Intellectual Property Blogging 52

Copyright Lately

MAY 6, 2022

Definitely. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Bored Ape.” You Own the NFT.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

IIPRD

FEBRUARY 8, 2024

Hence in these cases, there arises the situation of divided infringement for which no definitive law exists.” [4] “The cloud is facilitated by the hardware owners and service providers, and the cloud itself might be the result of a subcontract among the parties.

Intellectual Property 52

Intellectual Property IP Government Technology 52

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The off-topic rule is, by definition, a content-based restriction on speech. Thus, I think most government-operated online commenting venues, especially on social media, will be characterized as designated public forums–with all of the legal baggage that attaches to that status. 11) Anonymous posts. In Tanner v.

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Social Media Government Designs Design 105

Copyright Lately

NOVEMBER 21, 2021

Again, NFTs are just an ownership record and a link to content. Copyright law defines “ publication ” as the distribution of copies of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. NFTs Are Not Copyrightable. This is, after all, supposed to be a copyright case. View Fullscreen.

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Copying Non-Fungible Tokens Contracts Copyright 127

LexBlog IP

APRIL 25, 2022

AML/CFT regime related to beneficial ownership, real estate, and investment advisers and nonfinancial gatekeepers before turning its attention to the high-value art market.” ” [25] This is especially true on third-party sales websites (social media marketplaces, eBay, etc.), Online Marketplaces. ” [26]. .”

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Art Marketing Marketing Due Diligence 52

Kluwer Copyright Blog

MAY 17, 2023

However, fragmentation is still caused by the oft-substantial difference in definitions, specificities and conditions of applicability. When Member States transpose the provision they follow the EU model, but for some instances, such as the definition of the purposes of the exception (e.g. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Delhi High Court’s Intellectual Property Division Rules, 2021.

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IP Intellectual Property Copyright Trademark 143

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

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

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IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

DECEMBER 1, 2023

This “regulate conduct, not content” distinction is a go-to argument for folks trying to censor social media, and it even worked in part in the social media addiction cases. There is evidence to support Plaintiffs’ position that TikTok is not interchangeable with other social media applications.

Social Media 80

Social Media Privacy Law Publishing 80

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. Copyright Office, claiming ownership through a written agreement with Coakley.

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

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IP Trademark Advertising Advertising 94