The Bottom Line SAG-AFTRA now covers influencer-produced advertising under its new Influencer Agreement with the goal of bringing influencers into the union’s membership.The Influencer Agreement applies to audio and video content produced by signatory influencers for non-union advertisers. It Continue Reading
Supreme Court Settles Circuit Split on When a Plaintiff May Sue
6th Edition: Trends in Marketing Communications Law The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Continue Reading
NAD’s BuzzFeed Decision May Be a Roadmap for Affiliate Marketing
The Bottom Line Online publishers using affiliate links in association with content that reviews or recommends products to consumers must disclose their relationship with the retailers. In addition, online publishers using affiliate links in paid-for advertising must be able to substantiate product Continue Reading
Instagram Adds Paid Partnership Tool for Transparency
The Bottom Line The new Instagram branded content tool is intended to provide greater transparency in the social media space by disclosing relationships between influencers and brands.Implementing this tool appears to be Instagram’s response to the FTC’s growing concern about paid endorsements on Continue Reading
Courts, Not Congress, Are Resolving Copyright Issues
4th Edition: Trends in Marketing Communications Law The most significant developments in U.S. copyright law will be coming from the courts and not elected officials this year, continuing a trend from 2016. Congress is not expected to expand copyright protection for clothing, combat offshore Continue Reading