The IP Law Blog

AUGUST 17, 2023

Ever since the massive explosion of content creation that gave rise to social media, content creators worldwide have utilized embedding to showcase and link users to content that otherwise would not have been as readily accessible. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v.

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. For example, we have seen hosting companies, advertisers, and social media platforms being added.

Marketing 120

Marketing Marketing Social Media Reporting 120

Technology & Marketing Law Blog

OCTOBER 20, 2021

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s

Social Media 95

Social Media Publishing Blogging Law 95

Michael Geist

AUGUST 8, 2023

Both merely link to the reproductions, which are found on the publishers’ own sites. More notably, the media outlets argument for Meta’s “substantial control” of the market simply doesn’t make any sense. The Senate heard testimony that social media constituted between 17-30% of referral traffic for news sites.

Publishing 97

Publishing Social Media Marketing Marketing 97

TorrentFreak

MARCH 4, 2024

The site’s origins reportedly trace back to the Soviet Union’s underground publishing culture ‘ samizdat ,’ which was used to bypass state censorship in the last century. In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

LexBlog IP

AUGUST 17, 2023

Ever since the massive explosion of content creation that gave rise to social media, content creators worldwide have utilized embedding to showcase and link users to content that otherwise would not have been as readily accessible. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v.

Social Media 52

Social Media Copyright Copying Copyright Infringement 52

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Consider the wide swath of entities vital to disseminating others’ speech—bookstores, book publishers, essay-compilation editors, theaters, newspaper letters to the editor and op-eds, live television guest interviews, cable television operators offering cable channels, art shows, community bulletin boards, and comedy clubs, just to name a few.

Social Media 112

Social Media Law Television Reporting 112

LexBlog IP

JANUARY 11, 2024

” The SEC’s X account was compromised on Tuesday, January 9, 2024, and a fake post was published that in essence said the SEC had granted approval for Bitcoin ETFs, along with a fake quote from SEC Chairman Gary Gensler. This incident illustrates how social media platforms can be used for disinformation with dramatic consequences.

Social Media 52

Social Media Marketing Marketing Publishing 52

The IPKat

MARCH 1, 2024

On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”. 24% of UK males aged 16 to 60 purchase counterfeit goods under the endorsement of social media influencers.

Social Media 62

Social Media Reporting Intellectual Property Publishing 62

IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

Branding 52

Branding Brands Branding Social Media 52

Technology & Marketing Law Blog

OCTOBER 7, 2023

Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. With respect to the social media services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers.

Litigation 106

Litigation Social Media Editing Publishing 106

LexBlog IP

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

Branding 52

Branding Brands Branding Social Media 52

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. This conclusion is quite intuitive in a social media world where ‘influencers’ are widely used to promote content.

Social Media 108

Social Media Copyright Infringement Television Journalism 108

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” I’m hoping the Supreme Court will hear the challenges to the transparency pieces of the Florida and Texas social media censorship laws.

Social Media 102

Social Media Law Government Blogging 102

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Facebook’s exit devastated independent Canadian publishers, who begged the government to reverse its policy. Musk has bridged that gap. StopTheSADScheme.

Law 102

Law Social Media Advertising Advertising 102

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. This is not unique to social media.

Social Media 99

Social Media Government Blogging Publishing 99

TorrentFreak

OCTOBER 31, 2022

While movie and music piracy tends to generate the most headlines, the publishing industry is facing similar issues. Publishers and authors are not happy with the site and are actively trying to limit its exposure. This growth is facilitated by users who openly advertise the site on social media, TikTok included.

Social Media 137

Social Media Publishing Intellectual Property Marketing 137

Technology & Marketing Law Blog

FEBRUARY 11, 2022

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?) Are Social Media Services “State Actors” or “Common Carriers”? ICANN Not a State Actor.

Social Media 116

Social Media Publishing Blogging Government 116

Technology & Marketing Law Blog

FEBRUARY 5, 2022

The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.

Social Media 117

Social Media Government Publishing Blogging 117

Technology & Marketing Law Blog

DECEMBER 7, 2023

Supreme Court against the Florida and Texas social media censorship laws. The brief focuses on the provisions in the Florida and Texas social media censorship laws that require social media platforms to provide “explanations” of their content moderation decisions to their users. Check it out ! (I

Social Media 52

Social Media Law Blogging Publishing 52

Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

Social Media 143

Social Media Privacy Law Government 143

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Publisher/Speaker claims. Twitter appeared first on Technology & Marketing Law Blog. ” Cite to Mezey v. Twitter Corporate Office , 2023 WL 8452200 (S.D.N.Y.

Social Media 80

Social Media Blogging Publishing Marketing 80

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The American video and photo sharing social media platform Instagram has been accused of copying Snapchat.

Branding 52

Branding Brands Branding Marketing 52

Technology & Marketing Law Blog

MARCH 11, 2024

Music publishers sued Twitter for users’ alleged copyright infringement. The publishers argued that Twitter “transmitted” their works. The publishers tried a number of tired/old-school arguments that would categorically hold UGC sites liable for user-caused copyright infringement. Direct Copyright Infringement.

Music 77

Music Copyright Social Media Copyright Infringement 77

LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Frank Kent moved to dismiss the action, but the U.S. Read more

Fair Use 40

Fair Use Social Media Copyright Copyright Infringement 40

Technology & Marketing Law Blog

APRIL 1, 2024

The court cites the Social Media Addiction ruling for the proposition that “social media companies do have a duty to exercise due care in managing their platforms.” “The plaintiffs’ claims are not barred by Section 230 because they do not treat Roblox as a publisher or speaker. Negligence.

Social Media 75

Social Media Blogging Publishing Designs 75

Technology & Marketing Law Blog

AUGUST 19, 2022

” Publisher/Speaker Claims. The allegations expressly referenced the publication function, always a tipoff: “Counts VII and VIII allege that Match Defendants ‘published Plaintiff Alberts’ images, private activities, likeness, voice and/or identity on. Tinder social media channels.'”

Social Media 112

Social Media Intellectual Property Publishing IP 112

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. After an unexplained absence in 2021, YTS.mx reappeared in the report last year.

Reporting 91

Reporting Marketing Marketing Social Media 91

Technology & Marketing Law Blog

MAY 19, 2022

Last week, the Fifth Circuit Court of Appeals dissolved the existing injunction against Texas HB 20, the so-called social media censorship law, in a one-sentence order. Such inevitable distortions of publishers’ editorial decisions and operations are intolerable under the First Amendment.

Social Media 118

Social Media Publishing Blogging Law 118

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Social Media 105

Social Media False Advertising Copying Trademark 105

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. It’s a creative photo, but it was published. 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.”

Copyright 142

Copyright Social Media Fair Use Licensing 142

Corsearch

JULY 18, 2023

Millions across the globe have flocked to Instagram Threads – the newest social media platform on the block. Designed as a direct competitor to Twitter, Threads is being marketed to Instagram’s 2.35 They are used by criminals to prey on unsuspecting social media users. billion- strong user base [1].

Social Media 52

Social Media Branding Brands Branding 52

Kluwer Copyright Blog

NOVEMBER 4, 2021

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. Social media (aka Facebook) were not a part of the conversation.

Social Media 142

Social Media Publishing Art Copying 142

TorrentFreak

JANUARY 24, 2023

When BBB fans aren’t glued to their TVs waiting for the drama to unfold, many can be found on social media, usually speculating about what comes next, based on what they’ve just seen. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads.

Reporting 131

Reporting Social Media Advertising Advertising 131

Technology & Marketing Law Blog

JULY 12, 2022

For my thoughts about self-publishing an ebook casebook, see this article. 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. Social Media. Part 316 [[link]. Lopez (Cal.

Editing 139

Editing Law Social Media Privacy 139

TorrentFreak

MARCH 21, 2024

The European Commission’s Recommendation (Toolbox) published on Tuesday, focuses on just that by providing guidance on enforcement, suggesting priority actions, and encouraging use of existing anti-counterfeit/anti-piracy tools. One key to success for rightsholders is to exploit pirates where they’re most vulnerable, i.e

Social Media 95

Social Media IP Registration Law 95