Displaying 1 - 10 of 51
Thursday, Jul. 2, 2020
Court Reconsiders and Changes Course in Instagram Embedding Case
Another post about embedding photos using Instagram’s API! As we have written about here and here , in April and June of this year, two judges sitting in the Southern District of New York issued conflicting decisions interpreting Instagram’s Terms of Use (TOU) and platform policies. The cases...
Thursday, Jul. 2, 2020
If Thumbs Are Required, It's Not an Autodialer
The Telephone Consumer Protection Act (TCPA) prohibits any person from calling or text messaging someone on a wireless phone using an automatic telephone dialing system (an “autodialer”) or an artificial or prerecorded voice (a "robocall") unless the call is an emergency or the person has the...
Monday, May. 11, 2020
Not-On-The-Subway Series: Celebrity Talk Back
Remember the Grammy’s a few years back, when Arby’s shouted out to Pharrell Williams on Twitter, requesting the return of its hat. (See here .) And Pharrell, good sport that he was, tweeted back at the restaurant chain, accusing it of starting a "roast beef”? Other brands with hat-wearing...
Tuesday, May. 5, 2020
An Untimely Copyright Lawsuit About a Timeless Guitar
This is a story about the cold-blooded murder of a rock star, the reissue of his famous guitar without permission from the friend who customized the instrument with attention-grabbing artwork, and allegations of copyright infringement. Notify Netflix immediately! This could be the next Tiger King...
Wednesday, Apr. 15, 2020
Söknuður!
First there was Led Zeppelin . A few weeks later, Katy Perry . And now Josh Groban. All music copyright cases, all from courts in the Ninth Circuit, all in favor of the defendants. Er eitthvað að gerast í Kaliforníu? Plaintiff is the publisher and owner of the rights to the ballad “ Soknudor ,”...
Monday, Apr. 6, 2020
YouTube is Not a Public Forum and Its Policies are Not Advertising
Notwithstanding YouTube's significant role in public discourse--with more than 1.3 billion users and more than 30 million daily visitors--it is not a "public forum" subject to First Amendment scrutiny. Nor are its content moderation policies "commercial advertising and promotion" under federal...
Monday, Mar. 30, 2020
R.I.P. Inverse Ratio Rule: Skidmore v. Led Zeppelin
Skidmore v. Led Zeppelin - a case about the opening licks of Led Zeppelin’s Stairway to Heaven - has been wending its way through courts in the Ninth Circuit for the past six years. We now have an en banc decision that provides an exit ramp for the 14th best band of all time (according to Rolling...
Tuesday, Mar. 10, 2020
2020: The Force Majeure Awakens
The coronavirus disease 2019 (“COVID-19”) has shaken up a host of industries, including sports, which by its very nature requires large gatherings of spectators. In the midst of so much uncertainty, properties, sponsors and event producers are weighing public safety concerns with the integrity of...
Monday, Jan. 13, 2020
"Thou Shalt Not" -- Interpreting Morals Clauses in the #MeToo Era
After PBS received an anonymous complaint alleging that television host Tavis Smiley engaged in sexual misconduct, PBS engaged an outside law firm to conduct an investigation into the allegations. Ultimately, PBS decided to suspend its nightly "Tavis Smiley" show. PBS also terminated various...
Thursday, Jan. 9, 2020
What are the FTC's Priorities for 2020?
Keeping with our theme of predictions for 2020, here's a quick recap of some of the issues that the folks at the Federal Trade Commission are telling marketers to look out for in the coming year. Consumer privacy -- Having brought record-breaking cases in the last year, marketers should expect that...

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