Gigi Hadid found herself sued for copyright infringement by New York photo agency Xclusive-Lee, Inc. over a photo the fashion model posted to her Instagram account. The disputed photo was of Hadid herself, smiling at the camera while wearing a blue denim jacket and matching shorts with silver heels, and was snapped by paparazzi. Xclusive-Lee
Social Media
Jason Gordon Discusses 2019 Advertising Law Trends in Law360 Article
Jason Gordon and Andrew Levad published an article in Law360 this week titled, “6 Advertising Law Trends To Watch In 2019.” A copy of the article is available here. You may also view a PDF copy of the article here.
German State Media Authorities issue new guidance paper on marking adverts on social media
Recently, the German media regulators, the State Media Authorities (Landesmedienanstalten), issued a joint guidance paper on marking adverts on social media. For more information, click here.
Preparing for the Next Phase of Influencer Marketing – The CGI Influencer
Social media influencers are constantly competing for likes, partnerships, and ways to differentiate themselves from others. A surefire way to distinguish oneself in the ever-growing sea of social influencers? Being a robot.
Computer generated social media influencers like Lil’ Miquela and Shudu have racked up millions of Instagram followers and likes and have secured several…
Illinois Biometric Lawsuit Against Facebook Moves Through Court System
A 2015 lawsuit brought by Facebook users over the company’s alleged unauthorized collection of their facial features and other facial biometric data pursuant to the Illinois Biometric Information Privacy Act (“BIPA”) is slowly moving through the courts. The BIPA requires written notice and consent for the collection of biometric identifiers or biometric information of Illinois…
Arrgh! Social Media Post Lands “Pirate Joe’s” in Hot Water
In the highly-publicized case about unauthorized reselling of Trader Joe’s merchandise by renegade Canadian merchant “Pirate Joe’s,” social media provided the powder keg for Trader Joe’s arbitration enforcement demand. The case set sail in May 2013, when Trader Joe’s sued Pirate Joe’s proprietor Michael Hallatt for federal trademark infringement and violations of Washington state consumer…
Judge Agrees – YouTube Mockery Protected by Fair Use
Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions. They rose to Internet fame producing comedic “reaction” videos that ridicule and comment upon other Internet content, boasting 4.9 million subscribers on their YouTube channel. Not everyone laughed along though, particularly fellow YouTuber Matt Hosseinzadeh,…
FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance
This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media endorsements. Martin and Cassell are both operators of YouTube channels with millions of subscribers in the online gaming community and owners and officers of CSGOLotto, Inc.,…
Instagram Updates Sponsored Post Disclosures
Last month, Instagram launched a new feature to let users know when a post is sponsored, making it easier for users to determine if a celebrity was paid to sponsor a post. Instagram will now have a “Paid partnership with” tag in organic content posts and Instagram Stories, in order for creators and businesses to…
Influencers and Advertisers Warned By FTC Over Instagram Posts
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 relationships with brands in social media posts that promote or endorse branded products. The FTC reviewed the Instagram posts of various unnamed celebrities…