Online Defamation  

Online defamation has become all-too common.  From the individual to the business they all have become subject of ill comments online.  Many, espousing their belief in their First Amendment right to free speech, have misused that right.  Doing so, they claim immunity from defamation claims. Many claim truth, they were privileged, or that their statement…

Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are addressing numerous issues with regard enhancing disclosures of sources of the statements being made in an advertisement.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will…

Website Safe Harbor Copyright Notice Designation

Website safe harbor takedown requirements by the Copyright Office is soon to undergo changes.  According to the Copyright Office, it is the responsibility of a website owner or online service entity to make it easy for a copyright holder to contact the website regarding the possibility of content infringement.  The agent designation requirement[1] process form,…

Broadcasting Competition of Distribution Agreements

Broadcasting competition of distribution agreements has been in the Federal Communications Commission’s (FCC) cross-hairs.  While under less than unusual circumstances a provider can enter into a contract to distribute its product exclusively or non-exclusively, the same cannot be said regarding agreements of communications content provider.  The concerns is with content that could draw an overwhelming…

Music Appropriation Issue

The issue of music appropriation of culture e in music is controversially discussed raising concerns for the use of culture as backdrops.  The argument goes that as an artist unveils the video of music scenes appear of a particular culture and people of that particular region.  The criticism is with the prop effects of the…

Trademark Infringement and Sibling Rivalries

Trademark infringements may be common in the business world, but they are as well not unheard of among family members in business who are competing in the same products.  The Southern District Court in Ohio heard a case between siblings which touched on pivotal points regarding trademarks. The court wrestled with the issue of ‘use’…

Digital Economy Fighting Copyright Piracy

Digital economy partnerships drawing close to fight copyright piracy have struck a chord that could have a significant impact to prevent Internet digital media piracy.  The piracy of digital media is an international cottage industry costing billions.  From content creators, ISPs, advertising agencies, network systems, and search engines, to data managers, and e-payment platforms, have…

Online Music Video Publishing

Online music video publishing give many singers and performers an avenue for promoting their work.  The birth of a new music star is dreamed every time someone seeks publishing with intermediary providers such as YouTube.  The principals of content publication still holds true even with the utilization of third-party audience aggregators like YouTube.  The terms…

Internet Freedom of Speech at Risk

Internet freedom of speech is not given the attention it merits while the EU ponders on its EU Data Protection Regulation.  Many rightfully fear that censorship is looming near and is nearer than one imagines.  While the General Data Protection Regulation (GDPR) has lingered since the 1990s, many countries have followed the EU aspiration of…

Trade Secrets Act Update

Trade secret law and practice is about to change if Congress pursues the “Defend” Trade Secrets Act with the current provisions.  Not only will the practice change, rights as well as competition, may be affected for the worse.  The attention that this legislative activity is getting regarding trade secrets is scant to say the most.  …

IP address and You

An IP address and you are central to how the Internet functions.  The IP address reveals information about you, your trends, location, and a whole lot more.  By use of an email, say sending an email, the recipient can learn your location.  Through the IP address your internet service provider can be learned as well.…

Fate of the Internet

Life has changed with the Internet but it will change even more as the fate of the Internet is in court hands once again. The U.S. Court of Appeals for the D.C. Circuit will determine how Internet providers will change how we use the internet, what content will be permitted, and how we access and…

Linking Defamatory Content Online

A case from Washington state dealt with online defamation from linking defamatory content online.  The court wrestled with the issues of proving defamation online.  The court articulated that the First Amendment freedom speech is to be protected and the courts hold to that as well when it comes to online speech and linking defamatory content.  In the era of…

Personal Identifiable Information under VPPA

Digital media law and the digital media industry wrestles with how courts define personal identifiable information under the Video Privacy Protection Act.  This definition is important to companies that stream deliver videos to customers. How broadly the court define the scope of liability will remain a concern with personal identifiable information under the VPPA. In…

Website Defamation Immunity

Website operators, either as defendants or plaintiffs have resorted to Section 230 of the Communications Decency Act (CDA) to determine website defamation immunity and defamation liability.  Under the Section 230, blogs or forums, for instance, benefit from website immunity from tort liability if the information was from a third-party.  That third-party could be a subscriber,…

Internet is Changing Business Models

Internet is changing business models on daily business operational practices from brick-n-mortar constructs to digital information transfers, from a letter or phone call to a “textmail” or “e-mail.” The process has brought a down scaling in what used to be large administrative organizations to efficient self-employed entrepreneurs. The latter is the future and it is…

Electronic Self-Publishing Considerations

Electronic self-publishing considerations are overlooked by many who venture on to electronic self-publishing.  The efforts to do so could be for self-publication or out of an egalitarian purpose of making materials easily available. The issues for self-publishing for those seeking to venture are immaterial to the purpose  Initial costs of publishing can be limited which is…

eCommerce and the FTC

eCommerce and the FTC For businesses seeking to engage commercially in the realm of cyber space ‘eCommerce’, their eCommerce efforts will be under the eyes of the FTC – Federal Trade Commission. While it was established in the early 1900s, the FTC has been focused on protecting consumers and enforcing their rights. There has been…

Social Media Information Used in Litigation

Social media use and its information is telling of someone and it is increasingly sought after in court cases where we see social media information used in litigation. Many times social media accounts are a well-spring of vital information that can tip a case on its head. The information can reveal truthfulness or the lack…

Copyright Filings and the Library of Congress

Copyright law – Intellectual property law There is a unique requirement with copyright filings and the Library of Congress. Seldom does one wonder how the Library of Congress is the world’s largest library with over 140 million materials that include maps, films, sounding recordings, software programs, photographs, and books. The Registry processes nearly half of…

Trademark Free Riding

Many brands in a strong competitive industry have the challenge of trademark free riding posed by not necessarily their own competitors.  Company brands struggle against other entities that are not necessarily in their industry, benefiting by their use of a similar if not identical mark from the reputation they have tried to build. This “free-riding”…

Copyright Differing from Digital Content

Intellectual Property Law – Copyright Law UK Court’s recent ruling prohibits copying, transferring, backing up, and combining of device usage of lawfully owned digital content. While this may impinge on right holders, it is still permissible to share books, tapes, and CD. Throughout the EU, UK does not stand alone dealing with the dilemma of…

Spying On Emails

(Reuters) – Spying on emails has drawn the attention of the courts. A U.S. judge ordered Yahoo Inc to face a nationwide class-action lawsuit accusing it of illegally intercepting the content of emails sent to Yahoo Mail subscribers from non-Yahoo Mail accounts, and using the information to boost advertising revenue. In a decision late Tuesday…