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The COVID-19 pandemic has had a large effect on our entertainment consumption. Some entertainment industries have taken significant hits, while others have been more fortunate in their rise. Videogame streaming is one such industry on the rise. During the pandemic, the global viewership of popular streaming platforms Twitch and YouTube Gaming increased by 10% and 15%, respectively. This increase in viewership appears to be directly correlated with the local severity of the pandemic. For instance, when Italy was experiencing the worst outbreak in Europe, the hours of live gaming content streamed in that country increased by an estimated 66%.

It is clear that the business of videogame streaming is increasing. And like other big businesses, videogame streaming is subject to complex legal issues. Because videogame streaming is a relatively nascent industry, many of its legal issues have yet to be decided in a court of law.

On January 13, 2020, a solar energy sales lead generation company settled a federal lawsuit against several defendants, including a former employee. Both the initial complaint and settlement described the important role of social media to the business. (Solar Connect, LLC v. Endicott, Case No. 2:17-cv-01235 (D. Utah Jan. 13, 2020) (stipulated permanent injunction).

Most of us are familiar with Instagram – a social media engine, primarily utilized in its all-too-familiar form of a phone application, that allows users to share images and videos of themselves or others for public viewing and potential recognition.

With the increased popularity of photo-sharing social media tools like Instagram, users have begun to wonder more about what, if any, intellectual property rights they may own to the content they publish to such sites. In a previous post, we discussed the legal implications of posting content to social media and found that the user is often the primary owner of their content.

This begs the question – if each user is the owner of the content he/she posts, what, if any, are the legal implications of reposting the content of another user?

On March 15, 2019, a federal trial court judge ruled in favor of famous golfer Jack Nicklaus’ company in a case that may be of interest to copyright and trademark owners. (Nicklaus Cos. LLC. v. Bryan Hepler Golf LLC, No. CV-18-01748-PHX-ROS (D. Ariz. March 15, 2019) (2019 WL 1227198).)

The case began in a way that is probably all too familiar with copyright owners: photos and videos owned by the plaintiff began appearing without permission the defendant’s website and were posted by the defendant on social media sites. The plaintiff sent a demand letter to the defendant, but the conduct did not stop.

A federal trial court in California ruled in favor of a social media influencer’s copyright, trademark, interference with contract, and right of publicity class action lawsuit and denied the defendant’s motion to dismiss.…

We previously reported on Grumpy Cat Limited’s big win in a copyright and trademark suit. As a recap, Grumpy Cat—the social-media-famous grimacing feline, or rather the holding company owned by her “parents”—filed a lawsuit after the defendants went beyond the scope of a licensing agreement to market a variety of Grumpy Cat-themed coffee products. According to the suit, the contract was only intended to cover bottled iced-coffee beverages called Grumpuccinos.

Though judgment was entered, the tale is not over yet. Grumpy Cat Limited recently asked the court to award it over $320,000 in costs and attorneys’ fees from the defendants, Nick and Paul Sandford of Grenade Beverages (later renamed Grumpy Beverages LLC).

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.

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).

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.

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)).