NFTs’ nifty copyright issues

By Daniel Daniele (CA) on May 11, 2021 Posted in Copyright

Whether you are a crypto guru or not, you have likely heard about NFTs. The three-letter acronym, NFT, stands for “Non-Fungible Token”. NFTs are the centre of attention right now because of high-profile sales, such as $70 million for digital artwork, $2.5 million for Jack Dorsey’s first tweet, and more than $230 million spent buying … Continue reading

Social media apps, CDA § 230, and products liability

By Susan Ross (US) and Cassandra Gizzo (US) on May 10, 2021 Posted in General

On May 4, 2021, the Ninth Circuit reversed the district court’s judgment for Snap, Inc., owner of the mobile application Snapchat, in a case brought by the parents of two teenage boys tragically killed in a car accident. The parents claimed that Snap, Inc. caused the death of their sons through its negligent design of … Continue reading

Online copyright reform consultation launched by the Canadian government

By Colin Hyslop (CA) on April 28, 2021 Posted in Copyright

On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31. The goal of this consultation is to “ensure that Canada’s copyright framework for online intermediaries reflects this evolving digital world.” Alongside the announcement of this consultation, the government … Continue reading

U.S. Supreme Court ended battle concerning President Trump’s blocking of individuals on Twitter

By Joy Wang (US) on April 26, 2021 Posted in General

Introduction The U.S. Supreme Court recently ended the legal battle between former President Donald Trump and individuals whom Mr. Trump had blocked on Twitter, by granting the government’s petition for a writ of certiorari filed when Mr. Trump was still the President, vacating the Second Circuit’s judgment against Mr. Trump, and remanding the case with … Continue reading

Is social media regulation on the way?

By Susan Ross (US) and Juliet Gordon (UK) on April 21, 2021 Posted in Social media policies

So far, 2021 has seen some social media businesses implementing content takedowns, rolling internal reforms and banning high-profile individuals and applications from using their services.  It has caused some tech commentators to question recently whether this could be a defining moment in determining how social media businesses moderate content published on their platforms. Some are … Continue reading

Social media and Satan: pitfalls of losing control of brand social media accounts

By Susan Ross (US) on April 16, 2021 Posted in Trademark

Be careful whom you entrust with administrator access to your brand’s social media accounts. If an administrator does use your brand’s social media accounts beyond their permitted use, you should formally revoke their authority to access the accounts to allow potential legal action based on their unauthorized use after the revocation.… Continue reading

California legislature takes aim at social media user conduct

By Phil Di Tullio (US) on April 1, 2021 Posted in General

In the last week of March 2021, a bill was introduced in the California assembly that would require social media platforms to publicly disclose the specific user conduct that will get users temporarily or permanently banned from those sites—including online hate, disinformation, extremism, harassment, and foreign interference.… Continue reading

Think Before You App

By Daniel Daniele (CA) on March 24, 2021 Posted in Privacy

Self-isolation, stay-at-home orders, and lockdowns have changed the way we live during the COVID-19 pandemic. As many of us work remotely, limit face-to-face interactions, and stay indoors, we are reaching for our smartphones more and increasing our mobile app use. Mobile app usage increased by 40% year-over-year in the second quarter of 2020, hitting an … Continue reading

Social media – trademarks, accounts, and names

By Susan Ross (US) on March 17, 2021 Posted in Trademark

On March 4, 2021, a federal trial court in New York issued a preliminary injunction that halted a bridal gown designer and social media influencer from using her social media accounts without her former employer’s permission. JLM Couture, Inc. v. Gutman, No. 20 CV 10575-LTS-SLC (S.D.N.Y. March 4, 2021) (2021 WL 827749).… Continue reading

Bill S-225: Proposed Canadian legislation to have social media pay news media

By Colin Hyslop (CA) on March 10, 2021 Posted in Copyright

Across the world, as digital companies’ advertising revenues climb, traditional news organizations’ revenues fall. As a result, many traditional news organizations, like broadcasters and newspapers, are going out of business. The public’s appetite for journalism, however, has not waned. If anything, the public needs reliable news sources more than ever in this era of “fake … Continue reading