Communication Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Communication.
January 26, 2016 By GRP Rainer LLP
The Landgericht Berlin (Regional Court of Berlin) ruled on April 14, 2015 that blanket advertising of savings is misleading to consumers (Az.: 103 O 124/14).
January 8, 2016 By Agnihotri & Jha Associates
India has emerged as a favorite hub for cybercriminals, mostly hackers and other malicious users who use the Internet for committing crimes. As per a study conducted by Assocham-Mahindra SSG, total number of cyber-crimes registered during 2011-14 stood from 13,301 and 1, 49,254 respectively and rising at an alarming rate. In 2015, the number of cyber-crimes in the country may double up to 3 lakhs and could pose serious economic and national security challenges.
January 6, 2016 By GRP Rainer LLP
According to a judgment of the OLG Düsseldorf (Higher Regional Court of Düsseldorf), a company is allowed to use the expression “test winner” in its advertising even if it has to share this distinction with other competitors (I-15 U 24/15).
December 30, 2015 By Law Office of Vasilios Peros, P.C.
Technological advancements in social media sites and website development tools have allowed users to easily share and discuss articles and photographs across the globe. In parallel with these technological developments, various organizations have sprung up that claim to represent owners of these shared photographs. These organizations send a letter and make an excessive copyright demand. Users must understand their rights before deciding whether to succumb to such excessive demands.
December 30, 2015 By GRP Rainer LLP
Advertising many years of company tradition may be permissible and not anti-competitive despite a temporary state of insolvency. That was the decision of the OLG [Oberlandesgericht] Frankfurt (Higher Regional Court of Frankfurt) (Az.: 6 U 69/15).
December 18, 2015 By Agnihotri & Jha Associates
"There are many harsh lessons to be learned from the gambling experience, but the harshest one of all is the difference between having Fun and being Smart." -Hunter S. Thompson
November 23, 2015 By Lewandowski Gradek Lewandowska IPLaw Office
Similarly to prior years, we have a beautiful Indian summer in Poland which brings changes to our copyright law. On the 11th September 2015, the Polish Parliament passed a new legal act, which introduces some significant changes into the Polish Copyright Act. Some of them, were required by the European law; other ones were intended to meet expectations of members of the Polish domestic legal market. This article will present the most notable, newly introduced, amendments.
On October 6, 2015, the Court of Justice of the European Union handed down judgment in Case C-362/14, Maximillian Schrems v. Data Protection Commissioner, invalidating the U.S.-EU Safe Harbor arrangement.
Social media sites and privacy are somewhat inherently at odds. After all, the point of social media is to share your life with the world; the very opposite of maintaining your privacy. Still, there is a difference between sharing parts of your life and all of it. Thus, a number of legal lines have been drawn in the sand regarding privacy on social media sites.
By MMLC Group
China’s revised Advertising Law of the People’s Republic of China, effective as of 1 September, 2015, represents the first major revision since being enacted in 1995.
The European Court of Justice (ECJ) has strengthened consumer protection. Thus, food products cannot give the impression that they contain certain ingredients if this is not actually the case.
Advertising in China follows you everywhere. The fast food menu pushed into your hand on the street and the video loop warbling at you from the taxi headrest screen; to name just two of the many. But now a new law is following all that advertising, too.
Did you know that you can register your name as a trademark in sports? Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission.
Large-scale security breaches receive massive media attention. Whether a person can be criminally or civilly liable for another’s actions while using their equipment or connection depends on the particular circumstances involved in the case.
Police activity has been in the spotlight in St. Louis, and Nationwide since the Ferguson, Missouri riots began this past August. As riots escalated, numerous arrests were made because reporters or witnesses took out their phones to capture footage of police officers assigned to the scene. Leaving many to ask the question: Is it legal to film police officers?
At first glance, this sounds like a ridiculous question, especially in today’s world of Internet Search Engines, smart phones and attorney/ law firm websites, anyone can research and get reviews of everything from restaurants and television sets to doctors, lawyers and plumbers.
Social media continues to change how we communicate.
Provisions of the Advertising Law are detailed as regards limiting the sound level for advertisements entered into effect on May 25, 2015. Illegal use of intellectual property in advertising does not violate advertising laws. Stricter liability for credit institutions for violations in advertising financial services.
Most of us have fallen for it at one time or another. A website offers a “free” or reduced fee trial for its services, but asks for a credit card upfront. It tells you that your membership will automatically renew if you do not cancel before the end of your free trial. You use the service, but do not want to pay for it, so you try to cancel and get charged anyway.
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these broadcasts, one needs to install a satellite dish on the outside of a building, and this can lead to disputes. Thus, many ask “can anyone stop me from putting up a satellite dish?”
The Internet has brought many benefits to modern civilization. Unfortunately, just as with any technology, it also has a dark side. So, when a website publishes embarrassing content about you, what can you do?
Ukraine, as a potential country for doing business, is often discussed by foreign investors, despite the fact that the ratings of favorable legal environment of Ukraine is not too high. The main reason for the low ratings of favorable investment climate in Ukraine is corruption and overly regulated legal regulation of business.
Most parents are concerned with the things their children see and hear in the media. It is an ugly world out there, and while it may be inevitable that they will eventually learn about all of those things, most parents do not want their kids to see graphic violence or mature content or hear offensive language at too your an age.
There are few things that feel more violating than finding that someone has hacked into your phone or computer. When this happens, the first reaction may be to call the authorities and report the breach. But, many are surprised to find that police are not always terribly interested to hear about the event. So, what can you do if someone hacks your computer or phone?
The Americans with Disabilities Act was passed to help the United States benefit from the skills and talents of individuals who happen to have disabilities. It strives to break down barriers individuals with disabilities experienced regarding employment, public accommodations, public services, transportation and telecommunications.
Cyber-bullying has become a very big problem in America, and it is not just limited to children. Every day, thousands of people have to contend with negative, abusive, insulting, and threatening comments posted on, or linked to, their social media accounts. This has left many to wonder if there is anything they can do – from a legal standpoint – to protect themselves.
Since the rise of the Internet, the illegal sharing of music, movies, and software have been an ongoing concern. Still, not every peer-to-peer network for sharing various forms of media is illegal, and some companies have even found it desirable to begin distributing materials in this fashion. So, when is it legal to download music, movies, or software via torrents on the Internet?
How often have we heard someone say “It's a free country, I can say what I want to?” In most cases, that person is correct. But, America does not always allow free speech without constraint.
The legal profession has been changing over time, adopting new fields and challenges. Globalization, development of internet and technologies all led to the change in lives, change in the way businesses are conducted, in the way people spend their leisure time and, also, the way people commit crimes.
No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this evolution,it’s usage between people in civil and commercial transactions grew significantly.,
Much has been made over the last few years about net neutrality. Still, most people are confused by what this term refers to and why it matters. This confusion is understandable given the misleading nature of the name, and the way it is often misapplied in the media. But, net neutrality is actually a very important concept to understand and one that could directly impact the way the Internet works and how we all use it.
Businesses should be aware of the risks of informal communications such as emails and conversations whilst negotiating commercial agreements.
A recent article in the New York Times underscores the demand clients are requiring of their law firms to step up their cybersecurity. Financial institutions, including some Wall Street banks, are asking their outside counselors to answer questionnaires of up to 60 pages, which probe the firm’s cyber security measures. Other types of corporations are also asking their legal firms to allow for internal and/or external Information Technology (IT) firms to do an audit.
When you think of countries leading the cyber-security charge, chances are that Canada is not the first name on your list. That has changed. On July 1, 2014, Canada implemented the new Canada Anti-Spam Legislation (“CASL”), which arguably is the strictest anti-spam legislation in the world.
TQM is commonly known for the principles of continuous improvement, awareness of total cost of quality, recognition that everyone holds responsibility for quality, customer orientation/focus, process orientation, commitment of senior management etc. However, quality has been commonly associated with industries where it originated and not with services which are difficult to measure, evaluate and apply a zero-defect concept to.
On Requirements Set by the European Federation of Pharmaceutical Industries and Associations (EFPIA)
Starting in 2015, the pharmaceutical companies - EFPIA members shall comply with the requirements regarding the disclosure of information on the transfer of value to Healthcare Professionals and Healthcare Organizations.
Google search now makes up nearly 95% of all consumer searches for local businesses. As a lawyer that relies on a steady stream of local clients, you can’t afford to leave search engine marketing out of your lead-generation repertoire.
There is scarcely another field of law that has grown so much in importance over recent years as IT law. People come into contact with this field both from professional and private perspectives on an almost daily basis.
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.
A basic insight into the laws of technology and communications in Malaysia.
Google has certainly had some experience dealing with take-down requests in the past – primarily dealing with copyright infringing content – but nothing was to prepare it for the overwhelming influx of requests it reportedly received following the ECJ ruling on the subject last week.
Last week a district judge in New York ruled that US authorities can access and search through electronic data stored by US companies on servers based outside the US.
Azerbaijan is creating its electronic court system. The President of the country issued the respective order (the “Order”) back few months ago . The Order lists the elements of the system. It should include electronic filing, case tracking, notifications, electronic cabinet etc.
Combined offers are when merchandise, often of high quality, is offered at an extremely low price and only in connection with the purchase of a main product. This sales method is increasingly used by some companies as a marketing strategy.
Freedom of expression is guaranteed for all in the State of Kuwait under many laws that may be some of its most important articles are included in the articles of the Constitution of The State of Kuwait and the other laws organising this matter.
Broadcasting and telecommunication has come a long way in Nigeria. Formally these services were considered social services in nature hence private companies were foreclosed from participation of any kind. This article will explore these procedures, conditions for grant, refusal, renewal and withdrawals of these licenses.
While watching television recently, I came across a commercial involving dangerous stunts. The stunts were so dangerous and over the top that the producer included legal disclaimers to the effect that “You should not try this at home!” What would happen, I thought, if somebody injured themselves after watching such a stunt? Could a legal claim for negligence survive against the broadcaster or producer?
What is Good Legal Content? Good Legal Content is content that serves two purposes, one it gains the attention of the reader, hopefully one who is a potential client. The content gives them enough information and intrigues them enough to make them want to contact your office for more information, or better yet a consultation.
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.
In our modern, connected age, it seems everyone has a tablet or laptop computer that they use on a daily basis. These computers usually have built in webcams and microphones which, while very useful for legitimate purposes like video calls, can also be a vehicle for embarrassment, identity theft, and spying on your most intimate moments. So, what does the law have to say about using someone's webcam or computer microphone to spy on them?
Advertising is part of daily life, from street posters, print ads, and online campaigns to indirect advertising such as promotional events. A variety of laws dictate what may or may not be advertised or marketed and in which ways.
Over the last few years, a number of unscrupulous websites have developed around Americans' increasing comfort with sharing private, intimate photos with one another. While the photos are usually not intended for public consumption, often after a rough breakup or other event in which the recipient is left unhappy, that person will post those photos for the world to see. But is this legal? More importantly, can the site where the photos are posted legally charge you to take them down?
Everyday, millions of people login from all over the world to experience various virtual worlds. Some are part of a video game, others are intended to allow for social interactions, and still others include elements for commercial dealings. Whatever the purpose, any environment in which people interact can lead to friction and disagreements of various sorts. This has led many to ask whether the laws of the real world can or should apply to virtual world problems.
With the rise of social networking, many have lost some of their concerns about personal privacy. Indeed, millions of Americans share the intimate details of their lives with an audience of dozens to thousands to sometimes even millions of people everyday, and think nothing of it. But what happens when someone begins to use this information against you? Are they violating any laws by following you online or bothering you on the Internet?
If a dentist offers his services via a coupon portal, this conduct can be viewed as promotional advertising and thus as unfair competition.
Finding someone who does not have a Facebook, Twitter, Google+, LinkedIn, or other social media profile is getting harder to do. Granted, there are still a few stalwart holdouts, but the vast majority of Americans use social media everyday (in fact, you may have come across this article in your social media feed). With social networking such a huge part of our lives, are there any social media laws? How are common legal issues resolved when they occur in a social network?
The Telemedia Act (TMG) requires that an e-mail address is provided as part of the “site notice” (Impressum) of an Internet website. An online contact form alone is not sufficient.
It is the end of a long week, and you find yourself at home wishing you had something to do. But, tired of being a fifth wheel to all of your friends in relationships, you decide it is time to join the millions of other people who are online looking for a date. Unfortunately, some of those millions may not be real people after all. Is it legal for dating sites to use fake content to lure in new members?
In this modern digital age, it is often common for romantic partners, particularly those in long distance relationships, to exchange revealing photos of one another. These photos are often intended for the eyes of the receiver only. But, how can you be sure? What happens if you break up or the other person turns out to be less discrete than you had hoped? Is it illegal for someone to share those photos with others?
The State of Serbia regulates advertising on several levels, from the Constitution to statutory rulebooks, showing adequately its interests in ensuring that the law on advertising maintains a fair environment for commerce. The various regulations grant rights as well as impose obligations, providing for liberties as well as restrictions.
Attorney advertising is a fairly new phenomenon in many jurisdictions. Rules of various state bar associations have eased over the last two decades to allow more and more freedom for attorneys wishing to advertise their services just like any other profession. However, the rise of new technology has presented a new twist and new source of liability for attorneys wishing to advertise online.
When consumers see or hear an advertisement on the Internet, radio, in print, on a billboard, on television, or anywhere else, federal law says that the ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence.
Many will long remember the death of Princess Diana in 1997. She passed away as a result of a fatal car crash during a high-speed paparazzi chase. This led to a number of laws in both England and America relating to the paparazzi.
It seems like the headlines are constantly filled with new stories of politicians quite literally caught with their pants down in scandals with prostitutes. This often raises the question of why we do not treat prostitution in the same was as pornography. Why is sex for money okay in one setting and not another?
The marketing of dairy products whose name contains misleading information about places and regions of origin is not allowed, since it conjures up wrong connotations among consumers.
We have all seen commercials making claims that our common sense told us simply cannot be true. For example, miracle weight loss supplements or exercise equipment. And yet, somehow these commercials make it to television and are not immediately removed as part of a lawsuit. How is that? What is the difference between false advertising and simply inflating the truth about your product (a practice called “puffing”)?
Considered by many to be the most important rights established by the United States Constitution, the First Amendment rights cover some of the most fundamental freedoms Americans enjoy. They include free speech, press, religion, petition, and assembly. These rights are fiercely protected but also not without limitation.
Defamation is when someone tells one or more persons an untruth about you, and that untruth harms your reputation. Defamation is the general term, while slander and libel refer to particular types of defamation. Libel is a written defamation, and slander is verbal. There are three key factors to consider when deciding whether a defamatory statement should be taken to court.
Advertisements with customer reviews and ratings must not lead to a distorted, positive image of a company.
In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European Commission adopted a package on 24th July 2013.
The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012)) and Turkish Parliament enacted the 'Elektronik İmza Kanunu' (Electronic Signatures Law - EIK) in 2004. This article targets to summarize a comparison of approach between these statutes.
The New Guidance on Direct Marketing issued by the Privacy Commissioner for Personal Data provides practical guidance on data users’ compliance with the new regulatory requirements for direct marketing under the new Part VIA of Hong Kong’s Personal Data (Privacy) Ordinance which came into effect on 1 April 2013.
A proprietor of an internet connection generally should not be liable for copyright breaches of their spouse.
A bipartisan group in the U.S. House of Representatives recently introduced legislation intended to combat the illegal distribution of counterfeit goods via rogue websites hosted overseas. The proposed bill greatly expands protections for intellectual property (IP) and, if passed, would bring sweeping changes to copyright law.
In several recent judgements, the German Federal Court of Justice (BGH) provided a few clarifications with respect to the advertising of companies with the same name.
Google has long provided the service of blocking search results in pursuance to website takedown requests.
The retransmission of television programs of broadcasting companies over the internet by other companies can be prohibited by a broadcasting company.
The internationally recognised regulator of web addresses Icann (Internet Corporation for Assigned Names and Numbers) is constantly seeking new ways to avoid abusive use of domain names. One of the more common abuses is that of cybersquatting, the act of registering domain names consisting in somebody else’s trademark in order to make gains of that trademark’s reputation. There are several types of cybersquatting, however this is the most common.
The EU has long been considering the implementation of frameworks and legal solutions to address mounting concerns in regard to cyber security. In addition to the introduction of a new strategy in this regard, the Commission made a proposal in February 2013 to introduce a directive to facilitate the creation of a harmonized network and to standardize information security throughout the EU.
The data privacy law in Hong Kong underwent a microscopic review a result of the Octopus card case of unauthorized sale of customers' personal data and greater awareness of individual's privacy rights in today's rapid changing technology.
Businesses are increasingly confronted with the problem of finding qualified senior managers. The search for specialist personnel via social networks therefore appears more and more attractive.
With the explosion of social media sites like Facebook, Twitter, and LinkedIn, it is likely that many of your employees use social media for both personal and business interactions. While these tools can be a great way to spread the word about your company’s products or services, they can also compromise proprietary information, including trade secrets.
When creating one’s own homepage, the use of third party pictures or texts can rapidly lead to an infringement of copyright laws. Entrepreneurs in particular must, however, tread carefully not only in this area.
The European Court of Justice (ECJ) has decided that resale of licences for second hand software is, in general, possible.
Face Recognition Technology
A group of American TV providers have recently sued Dish Network, a satellite television provider, for copyright infringement because of its “Autohop” service.
A recent Dutch court decision declared that XS Networks was complicit in copyright infringement after it failed to take down the website for “SumoTorrent” which was hosted on their servers. XS Networks had already been notified that the content on this site was illegal and therefore knew the risks of leaving it in place. This meant that it was liable for the damages caused by the sharing of the illegal content as if it were its own doing.
A new regulation has been published on Official Gazette dated 14 October 2012 that contains a number of changes have been made on Regulation on Promotion of Medicinal Products For Human Use to ensure that the companies promoting a medicinal product is monitored by the Ministry of Health in wide range of their promotion activities. The main changes to the regulation include:
In the wake of the controversial law commonly called ACTA, the Maltese government has undertaken a public consultation exercise in order to enshrine “digital rights” in our Constitution. Currently, these rights are known to be the following: - The right to internet access; - The right to access information online; - The right to online freedom of expression; and - The right to exchange information online.
Under a new initiative to distance itself from anything illegal on the internet, Google has updated its search engine to eliminate “The Pirate Bay” results from its auto-complete forms. This site has stood for many years as the Tortuga of the internet, providing what is probably the most comprehensive torrent database on the internet.
A recent DMCA takedown request to the web hosting company “ServerBeach” resulted in the temporary denial of access to 1.45 million education related blogs. The notice regarded the website “Edublogs” which hosted all the blogs in question, all of which were housed on ServerBeach’s hardware. The subject of the notice was a questionnaire from 2007 which was under copyright protection in favour of a company going by the name of “Pearson”.
The Madrid Protocol enters into force in Colombia. The domestic PTO and IP law firms get ready for the new procedures. Both foreign and domestic applicants will be greatly benefited by the protocol. Finally, after much anticipation from the national and international IP community, the Madrid Protocol is in force in Colombia. The first South American country to enter the Madrid System and the second in Latin America after Cuba.
The High Court in the UK recently rejected an appeal made by Michael Toth in regard to his loss of the domain name ‘emirates.co.uk’. Toth, who possessed an extensive portfolio of domains, such as ‘china.co.uk’ and ‘maldives.co.uk’ appealed to the high court stating that his registration of the domain ‘emirates.co.uk’ was not done abusively.
The global retailing giant Walmart announced in February that it would further acquire 33.6% interest in Yihaodian, a leading B2C e-commerce company in China. Before the investment, Walmart already held 17.7% interest in Yihaodian. The new deal is subject to government regulatory approvals, including antitrust approval from the Chinese anti-monopoly regulator, the Ministry of Commerce (“MOFCOM”). On 13 August 2012, Walmart announced that it has received conditional approval from MOFCOM.
By Jaburg Wilk
Social media sites can be a cost effective way to generate new business, but it is not without its pitfalls. There are an increasing number of cases where an employees' use of social media has created problems at the workplace, including ownership disputes of account and the outcome of YouTube video postings.
By Murray LLP
Hedge funds are increasingly subject to international and local data protection regulations. The amount of personal data held by hedge funds and service providers continues to grow. As obligations to collect data increases with new regulations such as FATCA hedge fund managers and other service providers must pay attention to data protection laws and regulations.
On the 17th July 2012 the European Commission announced that it had reached an agreement with internet giant ‘Google’ that would put to rest recent anti-competitive practice claims against Google. The EU has been investigating Google since 2010. This started when European search providers began complaining that Google was burying search results for products that competed with Google’s own, without disclosing the alleged bias.
A defamatory comment can destroy both a person’s character and professional reputation. But a ruined reputation can be salvaged with expert legal advice. Online defamation is a clearly damaging and untrue statement that is published online. The twenty first century internet has vastly multiplied the avenues through which comments are published and spread.
It would appear analysts were correct during the Arab Spring in guessing that the Internet would be the new battleground for politicians. In recent events, American presidential candidate Mitt Romney had a campaign video of his taken down from YouTube. This has raised concerns in the United States with regard to the right to free speech, a right held in very high esteem on that side of the Atlantic.
Reebok International has agreed to pay a $25 million fine to settle charges of false advertising stemming from claims that its toning shoes provide extra muscle strength to wearers, according to the Federal Trade Commission (FTC). The settlement funds will be used to provide consumer refunds, which will be made available either directly from the FTC or through a court-approved class action lawsuit.