Erik Belt spoke with Bloomberg Law about the first-of-its-kind copyright and trade dress infringement case between two social media influencers and the possible impact of the application of copyright and trade dress laws in the context of social media.
McCarter & English, LLP’s Post
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The power of social media is constantly increasing and has an incredible impact on the perception of IP rights. This impact reflects on the management and enforcement policies of rights holders, who can no longer rely on the effective scope of protection of Intellectual Property but have now to consider the possible perception by the public as influenced by the (social) media to avoid any possible “backlash”, both in the registration and the enforcement phase. https://lnkd.in/d4C4QYjw
UKIPO’s report on “Emerging public perceptions of intellectual property in UK media”
ipkitten.blogspot.com
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📸 What would you do if someone used your face to sell a particular product without your consent? 📸 Those in marketing and advertising, listen up! Using celebs' faces without permission could lead you into hot water. Let's break it down without the legal mumbo-jumbo! Interestingly, unlike the US, Australia does not have laws that specifically prohibit the use of another person's name, image or likeness. This does not mean that you would not have any legal recourse. Down here, we rely on copyright, trademarks, and a bit of "misleading and deceptive conduct" amongst other things to keep things fair. But sorry, no privacy invasion lawsuits – we're not the US. Take Warwick Capper's case, for example. When Nando's slapped his face on their anniversary ads without his nod, things got spicier than their peri-peri sauce! The lesson? Always get the green light before you hit 'publish'! What about social media? Well, when you sign up, it's like handing over the keys to your content kingdom, as in, you grant a non-exclusive, transferable, royalty-free, sub-licensable, worldwide licence to use any content that you post on these sites. Therefore, users rely on other rights to protect their images. Just ask Sofia Vergara – who posted a selfie which was later re-published to promote a massage treatment cream. She claimed $15M in damages in the US because the US recognises the ownership of her own image, only Ms Vergara may determine when and where her image is used. Here’s my tip for advertisers, get your contracts in order, in particular, when dealing with celebs. #questlegal #businesslawyer #iplaw #smesupport #commerciallawyer
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Brinkhof houses specialist lawyers in all aspects of European and Dutch media and defamation law. We advise traditional and digital media companies and tech companies on increasingly complex regulations, which often originate from the European Union. Brinkhof regularly acts in high-profile cases before the civil courts, the Dutch Media Authority, occasionally at the Netherlands Press Council, or behind the scenes. A growing group of European and US companies contact us for advice on the revised Audiovisual Media Services Directive, which applies not only to broadcasting and on-demand services, but also to video-sharing platform services. We support clients in the roll-out of new services or in determining their place of establishment within the European Union for regulatory reasons. Read more about Media and defamation law at Brinkhof through the link. #medialaw #defamationlaw #brinkhof
Media and press lawyers – Brinkhof Amsterdam
brinkhof.com
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In today's digital age, social media is a key component to advertising campaigns, but brands need to make sure their posts aren’t opening them up to legal issues. Join Paavana Kumar and Louis DiLorenzo as they discuss the basics of advertising law and learn how to protect your brand while still making a splash. From false advertising to copyright, trademark, and right of publicity rights, this session will shed light on how brands navigate the legal minefield in their marketing endeavors. 🗓️ Date: April 16 🕒 Time: 1:00 pm ET 📍 Location: Online Webinar Don't miss out! Reserve your spot now. https://hubs.li/Q02sjGZ00 #AdvertisingLaw #LegalInsights
Advertising Law 101
pli.edu
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Second Circuit rules in favor of Barstool Sports in high profile online defamation case - Chicago internet attorney Evan Brown: The Second Circuit Court of Appeals ruled in favor of Barstool Sports and its employees in a defamation case brought by Michael Rapaport. The court distinguished between opinion and fact in online statements, concluding that Barstool's comments were hyperbolic opinions rather than actionable defamatory assertions. This sets a precedent for future defamation cases involving online communication. https://lnkd.in/diPYhkjz - IP topics: Intellectual Property topics! #ip #intellectualproperty #copyright
Second Circuit rules in favor of Barstool Sports in high profile online defamation case - Chicago internet attorney Evan Brown
http://evan.law
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License Agreement for protection of Intellectual Property Rights. Drafting of license Agreement with proper terms can help the Parties to have clarity on the transactions and can help to avoid any violation related to Intellectual Property Rights. We can understand the same through the case in the US of Grumpy Cat Limited v Grenade Beverage LLC. Facts: The Plaintiff states that it owns Intellectual Property Rights (Trademark and Copyright) for Grumpy Cat. It alleges that Defendant has used their Grumpy Cat's name and image to market their ground coffee products through the mode of meme which had gone viral on the internet. Defense: Defendant stated that the license Agreement between the Parties granted exclusive rights to use Grumpy Cat's copyrighted name and image for marketing and advertising purposes. Judgement: While reviewing the license Agreement, the court was of the view that the Agreement restricted the use of Grumpy Cat's name and image to only iced coffee, and for additional products mutual approval was required. Defendant failed to get approval from Plaintiff which resulted in violation of Intellectual Property Rights and breach of Contract. #grumpycat #meme #intellectualpropertylaw #intellectualpropertyrights #intellectualpropertyprotection #licenseagreement #contractlaw
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Ok this needs a more thorough read to fully grasp everything and the implications, but it sounds like a step in the good (and legal?) direction https://lnkd.in/eyAUdmAn
Abandon artificial intelligence copyright exemption to protect UK creative industries, MPs say - Committees - UK Parliament
committees.parliament.uk
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Partner TMT, Head-Media, Education & Gaming, Cyril Amarchand Mangaldas+ Full-Time Mother of a Toddler
#Media industry has its way with controversy. Some reach the courts. Media Disputes have been fueled with growing awareness and deeper understanding of #rights and their worth, #intellectual property violations, #infringement implications, #content related concerns, #defamation, #personality rights issues, and #privacy related apprehensions. Emerging #newage rights and #holdback structures introduce commercial intricacies. To ward off disputes, there is a steady shift towards the need for diligence on rights, meticulous paperwork, comprehensive content review, execution of binding documents, legal opinions and even initiating legal actions (notices, negotiations, litigation) to uphold contracts and safeguard rights. Happy to present a collaborative effort of CAM media and disputes team discussing evolving genres of disputes in media industry in India. Ankoosh K Mehta Pooja Kapadia Sarah Navodia mansi chheda https://lnkd.in/dp28e9nN
Courting Controversies: Dispute Resolution finds a sweet spot in Indian Media Industry | Dispute Resolution Blog
https://disputeresolution.cyrilamarchandblogs.com
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A recent California lawsuit highlights the complexities of using social media content with consent. The court ruled that 1 Hotel's request to use a photo on social media did not extend to using it on their website for commercial purposes. This case emphasizes the need for businesses to clearly define the scope of consent when using user-generated content. Gonzalo Mon and Michael Zinna provide deeper insights into the implications of this ruling in the latest at Ad Law Access. https://lnkd.in/eQU42x8b #AdLaw #CaliforniaLaw #CopyrightLaw #KelleyDrye Kelley Drye & Warren LLP Kelley Drye Advertising Law
New Decision Addresses Consent to Use Photos on Social Media
kelleydrye.com
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Experienced Legal Consultant | Advocate for Creative Rights | International Development Consultant | Entrepreneur and Business Consultant
Blogging, while a powerful tool for expression and influence, requires careful navigation of legal boundaries. Bloggers must balance creative freedom with responsibilities such as avoiding defamation, respecting privacy, and adhering to copyright and trademark laws. Essential legal advice includes fact-checking, obtaining consent for sharing personal information, using original or licensed content, understanding fair use, and disclosing sponsorships. The public, too, should think before posting, protect their privacy, report abusive content, and understand their rights. Ultimately, maintaining a balance between creativity and legal responsibility ensures a constructive and lawful digital environment. #freedomofspeech #privacy #boundaries #growth
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