The proliferation of social media as a key business tool for promoting products and services, brand building, and corporate identity, presents a minefield of complex and costly legal risks.
“Retweeting,” “liking,” “sharing,” “posting,” or “favoriting” content that is not yours to promote your business could get you into hot water. Incorporating the work of others in your social media activity -- whether names, photographs, videos, songs, noises, company names, brands, products, or services -- could give rise to crushing penalties, including attorneys’ fees.
Paying or otherwise compensating influencers and endorsers to tout your products and services on social media can also be a risky endeavor. Celebrity names, pictures, or references may create even greater concerns.
SLG brings to bear its multi-faceted subject matter experience in copyright, trademark, rights of publicity, contracts, litigation, and negotiating strategy to advise our clients on the diverse legal issues and concepts invoked in the use of social media.
SLG attorneys are routinely engaged on the following social media legal matters for our clients:
- Social media campaign counseling and advice
- Pre-clearance review of posts, images, and concepts for corporate social media activity
- Social media policies and guidelines
- Social media compliance training for marketing and creative departments
- Music, video, photograph rights clearance diligence and analysis
- Influencer Agreements and advice
- Rights of Publicity issues
- Copyright Fair Use analysis and advice
- Trademark Fair Use analysis and advice
- Infringement analyses and counseling
- Federal Trade Commission compliance analyses and counseling