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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 using the hashtag #SkyMilesLife and/or #DeltaMedallionLife on your social media channel. By tagging photos [...]

By | 2018-08-27T11:21:57+00:00 December 21st, 2017|Copyright, Instagram, Social Media|3 Comments

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 branded content. These are significant changes to both the original policy, which I wrote about when [...]

By | 2018-08-27T10:52:06+00:00 April 5th, 2017|Blogging, Facebook, FTC Disclosure, Social Media|8 Comments

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, which I wrote about when the policy was introduced. Facebook Branded Content Policy Update [...]

By | 2018-09-01T14:35:28+00:00 November 16th, 2016|Facebook, FTC Disclosure, Social Media|1 Comment

How Free Speech and Social Media Fit Together

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 sword and shield. And you can’t do anything about it. Freedom of speech. Three words that get thrown around and written [...]

By | 2018-08-27T10:52:05+00:00 October 18th, 2016|Blogging, Business Law, Social Media|6 Comments

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. And though social media and the web is global, other countries have not followed [...]

By | 2016-08-29T06:00:13+00:00 August 29th, 2016|Blogging, Business Law, FTC Disclosure, Social Media|1 Comment

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, marketing professionals, social media strategists, agencies, and brands need to know when it comes [...]

By | 2018-08-29T14:11:15+00:00 August 3rd, 2016|Business Law, Giveaways, Social Media|18 Comments

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 Verified Page to post specific types of content. Branded content is not new to [...]

By | 2018-08-27T10:52:04+00:00 May 11th, 2016|Facebook, FTC Disclosure, Social Media|7 Comments

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 audience beyond their own. In reality, though, it’s intertwined with copyright law; which makes [...]

By | 2018-08-27T10:52:04+00:00 March 23rd, 2016|Blogging, Copyright, Facebook, Instagram, Social Media|1 Comment

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 on Deceptively Formatted Advertisement, and the associated business guide, were issued on December 22, [...]

By | 2018-08-29T14:12:31+00:00 December 28th, 2015|Business Law, FTC Disclosure, Social Media|0 Comments

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 who among us hasn't dropped donations in the red kettles as we're leaving the [...]

By | 2018-10-06T11:35:47+00:00 December 1st, 2015|Business Law, FTC Disclosure, Giveaways, Social Media|1 Comment