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
Social Media Law Bulletin
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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…
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…
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)…
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…
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…
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…
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,…