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I love college basketball. Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the Miami – Duke game that snapped Duke’s incredible 41-home-game winning streak. You can read about it … Continue Reading
5. Using Images Without Permission is No Monkey Business
From the Wikimedia Commons website
This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie? This year we learned that no, the photographer does … Continue Reading
As you probably read, the Texas Securities Board approved intrastate crowdfunding yesterday without limiting it to accredited investors. You can read the rules here.
For those wanting to issue equity through intrastate crowdfunding:
Companies may raise up to $1 million per 12-month period
Offerings must be carried out online through a registered dealer or crowdfunding portal.
The company must be … Continue Reading
Former FTC Regional Director and Court of Appeals Justice Answers What To Do When the FTC Investigates
We like to give you information that helps you stay off the radar of the Federal Trade Commission with posts like this, this, this, this, this and this. But, what do you do if the FTC does investigate? I asked newly-minted Gray Reed & McGraw shareholder Justice Jim Moseley to help us answer some questions. … Continue Reading
On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s identity. Both the majority and dissenting opinions in In re John Doe a/k/a The Trooper are available here. It will certainly … Continue Reading
The Supreme Court of Texas Rules Injunctions for Defamation Not Proper and Requires Proof of Damages
On Friday, the Supreme Court of Texas issued two important defamation rulings. The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster. The second, Burbage v. Burbage Funeral Home, raises the bar on the recovery of compensatory damages.
Injunctions preventing speech are an unconstitutional prior restraint
In Kinney, the plaintiff sought a … Continue Reading
I wrote an article for the Bloomberg BNA Social Media Law & Policy Report entitled “How to Enforce Terms of Service for Online Social Media Promotions and Contests.” We tried to squeeze in a few more keywords. The full article is available at the link below.
Bloomberg BNA Social Media Law & Policy Report – WorkSite … Continue Reading
Originally published last year, but worth revisiting
As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to. These kids are smart, hungry, can use the experience and wouldn’t it … Continue Reading
I was a recent guest on the Content Marketing Podcast with Resonance Content Marketing’s Rachel Parker. It is always entertaining and refreshing to visit with the people in the trenches and find out what is on their mind. We covered privacy, intellectual property, employee relations, and much more. You should listen to the whole thing, … Continue Reading
Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make it easier than others for the media to use images.
Plain English: Each user allows Facebook, … Continue Reading