The Bottom Line Permission to use #Oscars this season is, no doubt, a win for brands and an exciting opportunity to join a highly watched event and social media conversation. But savvy advertisers know that posting about awards shows on social media can be a legal minefield and raises Continue Reading
Record COPPA Settlements Indicate Stronger Privacy Protections for Children
7th Edition: Trends in Marketing Communications Law Last year, the Federal Trade Commission (FTC) reached record settlements with popular online social media platforms that were collecting personal information from children in violation of the Children’s Online Privacy Protection Act Continue Reading
FTC Offers YouTube Channel Owners Guidance on COPPA Compliance
The Bottom Line As a result of the FTC’s action against Google and YouTube, YouTube channel owners will be required to designate whether their channels and content are “directed to children” under COPPA. The FTC’s recent guidance will help channel owners make this determination. This guidance is 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
After 20 Years, COPPA Shows No Signs of Slowing Down
6th Edition: Trends in Marketing Communications Law Last year marked 20 years since Congress passed the Children’s Online Privacy Protection Act (COPPA). Fittingly, the Federal Trade Commission (FTC) kicked off 2018 by settling two back-to-back cases with companies alleged to have violated COPPA. Continue Reading
Inline Links to Unlicensed Third-Party Content Now May Be Copyright Infringement
5th Edition: Trends in Marketing Communications Law For years, copyright attorneys throughout the country have relied on a decision from a Federal appellate court in the 9th Circuit (California and surrounding states) to advise clients that they may safely place on their websites unlicensed Continue Reading
FTC Brings First Ever Enforcement Action Against Individual Social Media Influencers; Updates Warnings and Guidance for Influencers and Marketers
The Bottom Line The FTC’s action against Martin and Cassell and the new round of FTC warning letters make clear that the FTC will bring actions against influencers who violate the Endorsement Guides. Consequently, all parties involved in influencer marketing, from marketers, agencies, influencer Continue Reading
Influencer Campaigns See Increased Scrutiny
4th Edition: Trends in Marketing Communications Law Marketers and their agencies are seeing increased regulatory scrutiny of their influencer campaigns as the popularity of influencers continues to grow and influencer networks become a greater marketing force. The Federal Trade Commission Continue Reading