News & Analysis as of

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Your newest Instagram follower, the FTC: Agency reminds endorsers and marketers to #disclose with over 90 warning letters

by Hogan Lovells on

The Federal Trade Commission (FTC) reminded celebrities, social media influencers, and marketers that failing to disclose material connections to the products they endorse is #notokay. Please see full Publication below...more

Transformative Use or Infringement

In Cariou v. Prince, 714 F3d 694 [106 USPQ2d 1497] (2d Cir. 2013), the Second Circuit said that a use of a copyrighted work need not comment on the original artist or work, or on popular culture, in order to constitute...more

Advertising Standards Authority Rules That Instagram Post Contained Inadequate Disclosure

by Dorsey & Whitney LLP on

A recent ruling of the Advertising Standards Authority (ASA) in the U.K. highlights the global crackdown on sponsored posts that do not make clear that they are advertising. A complaint was filed with the ASA about an...more

Influencers and Advertisers Warned By FTC Over Instagram Posts

by Reed Smith on

The Federal Trade Commission (FTC) announced this week that it sent more than 90 letters to social media influencers and advertisers, reiterating the need for influencers to “clearly and conspicuously” disclose their...more

Dear Influencers: #FullDisclosure we use Instagram too. Love, The FTC – Warning letters provide guidance to influencers,...

by Dorsey & Whitney LLP on

Instagram is now home to more than 600 million users, including many popular brands, celebrities, online influencers, famous dogs, regular people and regular dogs (full disclosure this regular dog is mine). As its popularity...more

#ShowMeTheMoney: Sofia Vergara’s Settlement of Social Media False Endorsement Lawsuit Highlights Modern Legal Issue

Last month, Sofia Vergara, star of ABC’s Modern Family, reached a settlement in a lawsuit brought by the actress against beauty company Venus Concept for alleged improper use of her likeness on television and in social media,...more

Social Media Showdown

by Sherman & Howard L.L.C. on

Commentator and writer Tomi Lahren has filed suit in Dallas County, Texas, against Glenn Beck and TheBlaze, Inc. (“TBI”). Judging from the complaint, the issues include the defendants’ continuing exercise of control over a...more

Social Links: Instagram makes it easy to label content as “sponsored”; Facebook combats fake news; better firefighting through...

A court ruled that a particular 98-character tweet wasn’t sufficiently creative to warrant protection under German copyright law. Inspired by a recording posted to Snapchat of a physical attack on a 14-year-old boy, a...more

Influencer Marketing: Best Practices for Advertisers & Agencies

Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which...more

You Posted What??? Deep Thoughts With Employees On Social Media

Social media sites, such a Facebook, Instagram, Twitter, and Snapchat, are wonderful places to see what someone ate for dinner, find the latest meme or gif you don’t understand, or reconnect with people you were never friends...more

Social Links: Will a fan-made Star Trek prequel live long and prosper?; California bans driving while Snapchatting; apps that...

A federal district court judge refused to grant summary judgment to the copyright owners of the Star Trek franchise in the infringement suit they brought against the team behind a fan-made, crowdfunded prequel to the original...more

Using Hashtag #Disclosures in Social Media Advertising

The Federal Trade Commission (“FTC”) has been cracking down on brands for paying Instagram users to endorse their products or to share brand content without disclosing the relationship. Indeed, the recent settlements entered...more

EU Retail News - December 2016

by Bryan Cave on

In 2010, two business school graduates launched Birchbox; a monthly subscription service to a box filled with sample-sized beauty products from over 309 brands. Birchbox has solved one of the most significant barriers to...more

OTA & Travel Distribution Update

by Garvey Schubert Barer on

Hello all, With the new year, we plan to post portions of the OTA & Travel Distribution Updates that I prepare and circulate among our hospitality clients each week. Although the posts will be a week or two behind the...more

Top 10 Litigation Risks and Trends for Retailers

by Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

You Just Used My Picture Without Permission?

by LeClairRyan on

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

The FTC's Crackdown on Social Media #Ads

by Nossaman LLP on

In the ongoing effort to reach the hearts and minds of consumers, brands are increasingly looking beyond the traditional media outlets of radio, print and television. The recent meteoric rise and diversity of social media...more

#BigBrother and the Era of Hashtag Surveillance

Earlier this month, the ACLU published a report alleging that it had obtained public records showing that social media user data such as location tracking, photos and hashtag usage may have been used by law enforcement to...more

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

by Goulston & Storrs PC on

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube? Do you stop to consider whether they are compensated for their efforts...more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

by Holland & Knight LLP on

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls! Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on a Twitter app on Apple TV, Xbox One and...more

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media...

Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper, a tool that allows you to cache webpages for reading at a...more

Yelp Seeks Dismissal of Consumer Privacy Lawsuit

by Klein Moynihan Turco LLP on

Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies,...more

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group...

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its...more

What’s the Story with STORIES?

Instagram recently released a new feature called Instagram Stories, which allows users to curate a collection of photos or videos of moments to share with friends for them to view, but then it disappears after a day. The...more

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