Videos on social media

On November 27, 2023, a federal trial court in California ruled on a motion to dismiss a complaint involving a website that included videos and social media features.  The court found for the defendant and dismissed the class action complaint, which alleged that the site violated the federal Video Privacy Protection Act (VPPA).  The dismissal … Continue reading

Legal pitfalls of short-form videos

A recent social media trend that has exploded in the past couple years is the use of “short-form videos.” Short-form videos are short in length—typically ranging from a few seconds to a few minutes—and feature a wide variety of topics, including dancing, singing, eating, politics, and new product trends. Social media users typically create these … Continue reading

Social media ad leads to punitive damages

On September 28, 2023, a federal trial court in Texas ruled that an advertisement on a restaurant’s social media accounts helped support an award of punitive damages against the restaurant.  G&G Closed Circuit Events, LLC v. No Te Levantes Honey, LLC, Civ. No. 4:22-cv-00986-P, 2023 WL 6311521 (N.D. Tex. Sept. 28, 2023). Facts The case … Continue reading

Canadian Radio-television and Telecommunications Commission updates Canada’s broadcasting framework

In a previous blog post, we covered the impact of Bill C-11 and how the proposed legislation would regulate social media and streaming companies in Canada. In spring 2023, Bill C-11 received Royal Assent, becoming the Online Streaming Act, and began amending the Broadcasting Act. This included the Canadian Radio-television and Telecommunications Commission (CRTC) developing … Continue reading

Social media, copyright, and fair use

On August 16, 2023, a federal trial court in Texas ruled on a copyright matter involving a factual video that went viral on social media.  At the motion to dismiss stage, the issue the court faced was whether the affirmative defense of fair use applied to a defendant who used the video to promote his … Continue reading

A step closer to “meaningful consent” under PIPEDA

Privacy concerns continue to cast a shadow over social media companies where third party applications utilize and integrate their applications on their platforms. In the decision of Canada (Privacy Commissioner) v. Facebook, Inc., 2023 FC 533, the Federal Court dismissed the Privacy Commissioner’s claims that Facebook breached the Personal Information Protection and Electronic Documents Act … Continue reading

Electric cooperative, internet service, and social media

On July 14, 2023, a federal trial court in Oklahoma ruled on an electric cooperative’s motions to dismiss  various breach of contract, trade secret, deceptive trade practices, and tortious interference claims brought by its former business collaborator, an internet service provider.  The court allowed most of the challenged claims to proceed after reviewing the alleged … Continue reading

Update on Bill C-18: Digital media platforms respond to legislation receiving royal assent

In a previous blog post, we covered Bill C-18 (Online News Act) and how this proposed legislation would require digital media platforms to compensate news outlets when reproducing or otherwise facilitating access to their content. At the time of the post, Bill C-18 had recently been tabled by Canadian Heritage Minister Pablo Rodriguez. Although it … Continue reading

Models’ photos on social media – Second Circuit rules for defendants

On May 19, 2023, the Court of Appeals for the Second Circuit ruled in favor of defendants in a trademark matter involving unauthorized use of models’ photographs.  Souza v Exotic Island Enterprises, Inc., Dkt. No. 21-2149-cv (2d Cir. May 19, 2023) (2023 WL 3556053). Background According to the opinion, a “gentlemen’s club” engaged a third … Continue reading

Pitfalls of crowdsourced legal services from social media platforms

Common diatribes levied against the market for legal services typically take aim at the hourly fees, the complexity of the justice system, and the exclusivity of bona fide legal advice as a covetous but inaccessible resource. Access to legal services is not a new problem – and is no stranger to legislative reform. For decades, … Continue reading