Social Media Promotions and the Law
Considering using social media contests or giveaways to grow your business or that of your client? Are you aware that social media promotions must comply with state and federal laws? And that you may have problems with your giveaway? Why Legalities? [...]
What is the CCPA and Why It Likely Applies to Your Business
The California Consumer Privacy Act, commonly referred to as the CCPA, was enacted in 2018 and became effective on January 1, 2020, though there is a six month grace period for enforcement which give companies that engage with California residents time [...]
Will Using a Social Media Hashtag Really Make You Legally Liable to Delta Airlines (or Any Company for that Matter)?
It appears that on or about December 20, 2017 Delta Airlines updated their SkyMiles Program Rules to include a section entitled "User-Generated Social Media Image Rights" whereby you would grant a very broad license for use of your image simply by [...]
Facebook Branded Content Policy Update March 30 2017
Facebook Branded Content Policy Update - March 2017 On March 30, 2017, the Facebook Branded Content Policy was quietly updated (again). The most significant change is that now only Pages or profiles with access to the Branded Content Tool (BCT) are permitted to post [...]
Facebook Branded Content Policy – Update
On October 26, 2016, the Facebook Branded Content Policy was quietly updated. The most significant change was the addition of Verified Profiles to those who can use the Branded Content Tool. But there are a few small changes to the original policy, [...]
How Free Speech and Social Media Fit Together
"I have the right to free speech!" You’ve heard it or have seen it posted… Someone saying they can say whatever they want, post whatever they want and no-one can do anything to them. As if the First Amendment is their [...]
Legal Lesson From the Ruth’s Chris Ann Arbor Promotion Debacle
On Friday, October 7, 2016, the Ruth's Chris Steak House in Ann Arbor Michigan shared a promotion on its Facebook page regarding the Michigan vs. Rutgers game. The promotion stated that whatever the point difference in the final score of the [...]
Canada Rolls Out FTC-style Endorsement Guidelines Beginning 2017
While the United States Federal Trade Commission (FTC) has, over the past several years, slowly ramped up its enforcement of non-disclosure for paid (or otherwise compensated) endorsement by bloggers, influencers, and celebrities, their enforcement and oversight is limited to the US. [...]
Sweepstakes Law: What is Equal Dignity
Note: While much of this article is applicable outside of US laws, only US laws and regulations are addressed. While social media platforms have reduced the barriers of running a sweepstakes, contest, or 'giveaway', they've raised the bar on how much entrepreneurs, [...]
Facebook Branded Content: What Marketers and Influencers Need To Know
UPDATE: On October 26, 2016, Verified Profiles were added to the Facebook Branded Content Policy, allowing those with a Verified Profile to utilize the Branded Content Tool. Throughout April (2016), the new Facebook Branded Content Policy was introduced to allow those with a [...]
Avoiding Copyright Infringement When Sharing Other People’s Work
Some people like to call it ‘content curation’. Really, it’s just a fancy way to say you want to share work that is not yours. In theory, this sounds like a really nice thing, sharing someone’s work and giving them an [...]
FTC Native Advertising Rules and Guidelines In Plain English
Native advertising rules were released by the Federal Trade Commission as many businesses started to wind down in preparation for the Christmas holiday. Without fanfare, the FTC issued its newest enforcement policy. Clearly aimed at native advertising, the Enforcement Policy Statement [...]
Legal Considerations of Cause Marketing
While many of us incorporate giving throughout the year, many businesses get in the giving spirit around holidays. It's awesome to visit clients who have donation boxes, angel trees, adopt-a-family boards, and other charitable programs for their employees to support. And [...]
Legal Ins and Outs of Live Streaming in Public
Live streaming has been around for a number of years. But until Meerkat and Periscope we didn't have a very portable way to live stream video. There was Google Hangouts, which is a live streaming service, but the mobile app didn't really [...]
6 Key Takeaways From 2015 Update to the FTC Endorsement Guides FAQs
For the first time since they were first written in 2009 (and made public in 2010), the Federal Trade Commission (FTC) has updated its "What People Are Asking" page, which is a Q&A-type resource relating to the FTC Endorsement Guides and [...]
Trademark Basics Explained In Plain English
Trademark law is a complex web of federal laws dating back to 1870. Trademark law covers words, phrases, logos, sounds, colors, and other ways businesses want to set themselves apart from their competitors and others in the marketplace. With the expansion [...]
Contests and Sweepstakes Law: 6 Mistakes You Are Probably Making And How To Fix Them
Contests and sweepstakes are powerful marketing tools. Whether it's a blog, website, or social network there is no shortage of people or businesses wanting to give things away to their community. And why not, people like to win free stuff. But [...]
The Difference Between Copyright Infringement and Plagiarism
I think it's in high school when most of us had the concept of plagiarism shoved down our throat. It was all part of the lessons about citations and the MLA format or the Chicago Style Manual or whatever it was [...]
Facebook Update – Like Gating For Promotions To End November 5, 2014
Update for Facebook Promotions Running your sweepstakes or contest on Facebook may look different come November 5, 2014. In announcing updates to the Graph API, Facebook Software Engineer Harshdeep Singh included the Platform Policy changes in a post on the Facebook [...]
The Difference Between Copyright and Trademark And Why You Need to Know
It's not uncommon to find a news article that misuses copyright and trademark, as if they are interchangeable. Sometimes, even lawyers misunderstand their differences. But you don't have to make their same mistakes. I'm here to help explain the difference between [...]
The Insider’s Guide to Online Photo Use
You know in passing when you say to someone "We should do a G+ hangout!" and they say yes, that's how this happened. While I've written about Photo Copyright on several different sites, Peg Fitzpatrick instantly agreed to do a Google [...]
Your Marketing Promotion Hashtag Is Not Appropriate FTC Disclosure
FTC Disclosure Regardless of the social network, hashtags (the # symbol for those who may not be sure what I'm talking about) are an important way to communicate additional information. Originally created so users can search topics, hashtags are now integral [...]
Who Owns The Oscars Photo That Broke Twitter
Oscar Photos By now you've likely seen the above photo. The one Oscars host Ellen DeGeneres posted to her Twitter account during the 2014 Oscars telecast. You know, the one taken with the new Samsung phone as part of the big [...]
Creative Commons Licenses Explained In Plain English
One of the best ways to find usable copyrighted works, especially images, is to find someone who wants to share their work under a Creative Commons license. Since 2002, Creative Commons has been giving creators a way to share their work [...]
Copyright and Attribution on Instagram
instagram copyright You're familiar with the hugely popular photo- (and video) sharing app called Instagram, right? That's more of a rhetorical question, really, since you've come to my site. I'll work under the assumption that you not only know what Instagram [...]
Pinterest Giveaway Rules: Updated
In response to questions and uncertainty about using Pinterest to run giveaways, Pinterest has issued an update to its Pinterest for Business Brand Guidelines and Acceptable Use Policy. While the Brand Guidelines are specifically for business users, the Acceptable Use policies [...]
Legal Implications of Facebook Promotion Guidelines
On August 27, 2013, Facebook made sweeping changes to its Promotion Guidelines for Businesses. It's been over 2 years since the last updates to the Facebook Promotion Guidelines. The changes today may significantly change how businesses run promotions on the social [...]
2013 FTC Dot Com Disclosure Updates and What They Mean For Marketers
FTC Disclosure and Online Marketing On March 12, 2013, the United States Federal Trade Commission (FTC) released the long-awaited Dot Com Disclosures. The FTC Dot Com Disclosures guide provides guidance for online and mobile advertisers. Last released in 2000, the internet [...]
5 Legal Considerations For Your Pin It To Win It Promotion
Pinterest is one of the most popular social networking platforms, especially for people who are visual. Pinterest is currently the fastest growing social network, and if you're on it you know why. If you're not on Pinterest, you may not understand [...]
Pinterest Promotion and Marketing Guidelines (Updated)
On Wednesday, November 14, 2012, Pinterest updated its Terms of Service (TOS) for both businesses and individuals as well as adding several other guidelines relating to how the site is used. Specifically, I'd like to address the Promotion and Marketing Guidelines. Pinterest [...]
Your Copyright Notice Status Update On Facebook Is Worthless
Update: In 2014 I now have many more friends on Facebook so I'm seeing this Facebook copyright notice nonsense again. It was worthless in 2012, and it's still worthless in 2014. Original Post: Evidently, my lack of friends on Facebook means [...]
How To File A DMCA Takedown Notice
Is a DMCA takedown notice always the way to go? One of the most common questions I'm asked has to do with what to do when someone takes content, whether written, images, audio or video. Copyright infringement in the online, digital, [...]
Social Media Defamation and You
We've all heard the phrase "If you can't say something nice, don't say anything." When it comes to social media and online content, though, its seems the phrase is actually "If you can't say something nice, blog, tweet, facebook, or post [...]
Avoiding Copyright Pitfalls on Pinterest
Pinterest Copyright and How To Avoid Problems You either know what Pinterest is or you don't. For those who do, just skip this next section. For the uninitiated, let's bring you up to speed. Pinterest in the online equivalent of [...]
Tax Tips For Bloggers
Every week I get a few emails from bloggers or online professionals asking me questions about taxes. Most of them are the same questions again and again. Because I can't answer fact-specific questions individually without potentially creating an attorney/client relationship, [...]
Copyright Fair Use and Online Images
Copyright fair use is a very misunderstood part of the law. Just because it's on the internet doesn't mean it's fair to use. You’ve heard the adage that a picture is worth a thousand words, but when that picture is protected [...]
Legal Concerns With Public Disclosure of Private Facts
On a weekly basis I find misdirected emails in my inbox. With a name as common as Sara, it's been happening to me for years. And now with blogging, there are so many with the same name it's easy to end [...]
Online Bullying Isn’t Just For Kids Anymore
In some ways I feel like a therapist. I get emails with details on how a blogger or small brand is being taunted and tormented by others online. I completely feel for them because I have my own trolls and 'mean [...]
Just Because It’s Not Illegal Doesn’t Mean It’s Right
Frequently I am contacted by someone whose online work is being used without their permission. Whether it is an idea, a design concept, something from Twitter, a hot deal, a complete post, photos, graphics, it seems like there is a lot [...]
Defamation – When Online Statements and Free Speech Collide
Remember when you were a kid and your mom or dad told you "If you can't say something nice, don't say anything at all."? And then you rolled your eyes (with your head turned so they couldn't see you) and under your [...]
Facebook Promotion Guidelines Updated May 2011
This week, on May 11, 2011, Facebook made some sweeping changes to their promotional guidelines. The Facebook promotion guidelines are much shorter, but still pack a punch. As such, I wanted to highlight the changes. To see the prior iteration of the [...]
Sweepstakes, Contests, and Giveaway Laws Bloggers and Brands Need to Know
More and more I'm seeing giveaways that may not be fully compliant with federal or state laws governing giveaways. Whether online or off, there are a host of laws that every contest holder must follow or risk significant fines or, in [...]
Contract Law Basics Part 2
Now that you know contract law basics, I'd like to move on to the main issues of contract negotiation. Most contracts, regardless of who they're from, will have been crafted by a team of lawyers and heavily stacked in favor of the [...]
Law and Etiquette for Using Photos and Images Found Online
Most SEO experts suggest using at least one photo in every blog post. From an aesthetic perspective, it's a good idea, especially when the online photo has something to do with the content. Photos and images are especially important for storytelling. [...]
Facebook Promotion Guidelines
UPDATE: Facebook changed their promotion guidelines on May 11, 2011. This post reflects information regarding promotion guidelines prior to that date. I have provided an update to Facebook promotion guidelines. Technically, Facebook promotions and giveaways are not a legal issue. However it [...]
Guidelines for Posting and Using Photos on Photo Sharing Sites
Used to be that we would upload our photos to our computers and then email them out to friends and family. Then the photo files got to be larger and larger and it become annoying to send one photo at a time. [...]
Contract Law Basics In Plain English
Monetization, ad-sponsored content and conference sponsorship discussions have become more and more prevalent among the blogging community. I’ve noticed that the issue of contractual obligations has started to come up. Throughout the twitter stream I see pleas for sponsorships, giveaway donation, reviews [...]
True Story: A Bigger Blogger Took My Recipe
Today I came across a series of tweets about a food blogger who was upset that another blogger took her photo and recipe, reproduced it on her site while providing a credit and link back in smaller text but also tagged the [...]
FTC Disclosures and You
On December 1, 2009, the Federal Trade Commission (FTC) updated their rules regarding advertising disclosures. It was the first time that the rules specifically brought bloggers under the FTC rules and guidelines. And the blogging world, since then, has been trying to [...]
What Type of Business Should I Form?
If you’ve been blogging for any time, you’ve probably come across people who have talked about incorporating yourself/your blog. Blogging as a business is not a new phenomenon. Making money from blogging, however, is becoming a reality for more and more [...]
What To Do When Your Online Content Is Copied
If I were to ask a room of online entrepreneurs if anyone has had their work copied without permission, I'm confident every hand in the room would go up. When I was in law school learning about copyright and intellectual property, [...]
What Happens To All My Online Accounts When I Die?
What happens to our social media and online accounts after death?I know, kind of a morbid topic. But last week CycleGuy found out on Facebook that one of his friends from high school had passed away. A guy he had talked to [...]
Copyright and Recipes In Plain English
Recipe Copyright Explained in Plain English One of the most asked questions I get has to do with recipe copyright. It's very upsetting for food bloggers to see their work copied verbatim. Unfortunately, unlike photos or images, all words don't carry [...]
10 Tips About Online Copying
If Imitation is the highest form of flattery, please don't flatter me!. When I first started writing on to this information superhighway in about 1993, back when it was indeed called the World Wide Web, there was so little content no [...]
Protecting Yourself Against Identity Theft: Copy Machines
Have you ever gone to the local copy shop or office supply store to make photo copies? Do you copy sensitive documents at work? Do you think your insurance company has ever copied your medical information? Now, maybe the question is [...]