GDPR, ePrivacy-Regulation and social media – What to know

In addition to several changes to existing rules on data protection, the EU General Data Protection Regulation (GDPR) does also have a considerable impact on online marketing and social media, affecting in particular business models based on advertising tools such as tracking pixels, placed advertisements or social plug-ins. Continue reading

Exposed! Woman awarded $6.4m for explicit revenge photos including copyright breach

Four years after a Californian woman sued her ex-boyfriend for posting sexually explicit photographs and videos of her online, she was awarded USD $6.4 million in one the largest judgments of its kind. According to the New York Times, although the victim was successful, this case highlights the complexities of the law in this area which (like many other areas of law) lags behind technology. Continue reading

Update: U.S. State Department to collect visa applicants’ social media information

In a previous post, we addressed efforts by the Department of Homeland Security to collect certain information relating to immigrants’ use of social media for record-keeping and tracking purposes. Subsequently, on March 30, 2018, the State Department released a notice of a proposed rule that would require the collection of social media information in connection with an application for a Nonimmigrant Visa through what is called a DS-160. Continue reading

The growing importance of brand optimization strategies

Brand recognition and brand awareness

Having a social media presence in today’s digital and fast-paced era is critical. However, having a social media presence requires a long-term strategy that includes a plan to optimize the company’s brand awareness and brand recognition. These are some of the key factors in the profitability and longevity of a business: Continue reading

Social Media, Copyright & Photographs

Many social media sites and pages encourage people to post and share photos. This activity creates an issue where the owner of the photos has not given permission for that use, as a photographer alleged in a recent Fifth Circuit case Stross v. Redfin Corp., ___ Fed. Appx. ___ (5th Cir. Apr. 9, 2018) (2018 WL 1721749). Continue reading

Submissions Now Open For Artificial Intelligence Stakeholders: Canada’s Copyright Act Review

Social media depends on digital technology, and the Canadian government has begun a review of Canada’s Copyright Act with a view to keep the copyright framework current in light of digital technology.

Written submissions are now being solicited from all Canadians on Canada’s Copyright Act, as the Standing Committee on Industry, Science and Technology (“Committee”) conducts its mandatory five-year review of the statute. The Committee also will be considering testimony from live witnesses representing different sectors of activity, including software and telecommunications, as well as considering the views of people across Canada as it travels to various locations throughout May. Continue reading

Grumpy Cat Almost Smiling Over Big Award

 

Grumpy Cat has a new reason to turn that frown upside-down. Though the cat is known for her sneer, she is (or rather, Grumpy Cat Limited and its/her owners are) sitting pretty on a recent jury award in California of over $700,000 for trademark and copyright infringement and breach of contract. (Grumpy Cat Ltd. v. Grenade Beverage LLC, Civ. No. 8:15-cv-02063 (C.D. Cal. Jan. 24, 2018) (jury verdict)). Continue reading

The long arm of the law

Businesses today operate in a global, borderless environment, in which social media platforms allow them to market and distribute their goods and services around the world with ease. As a result, it has become more difficult to protect and enforce a company’s intellectual property rights online. For example, an alleged infringer could circumvent a country-specific restriction to access certain material by simply changing his or her ‘virtual’ location. This is posing an interesting question for the courts, and has led to a recent Supreme Court of Canada (SCC) decision in which the SCC ordered a worldwide injunction against a third party in order to ensure that an alleged infringer could not circumvent a national restriction. (Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (the Worldwide Injunction Decision)). Continue reading

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