43(B)log

FEBRUARY 18, 2022

When, how and why would you seek permission to use persona. Influence of law, desire to contract, social norms. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. A: History differs a lot—US foundation for ROP was set much earlier.

Fair Use 59

Fair Use Contracts Litigation Copying 59

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. It also puts users’ privacy and security (including minors’!) at greater risk.

Law 114

Law Social Media Government Privacy 114

Technology & Marketing Law Blog

AUGUST 29, 2022

Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. . __ (forthcoming 2022).

Editing 89

Editing Social Media Blogging Advertising 89

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

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Ancestry , Knapke v.

Advertising 91

Advertising Advertising Social Media Blogging 91

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. Privacy Review: 16 C.F.R. Social Media People v. Hamidi (Cal. CSC (2d Cir.)

Editing 52

Editing Law Contracts Privacy 52

43(B)log

APRIL 7, 2023

This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Bradford’s four examples of the Brussels Effect v.

Art 45

Art Copyright Settlement Moral Rights 45