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Best Practices for Social Media Advertising
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. Customer engagement and brand awareness mixed with some educational content and entertainment in one platform is a great reason to be on social media. Every post and share is an opportunity to drive users to company websites and boost sales, as well as to connect with customers on an emotional level. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
Get Permission to Share
Content and Images on Social Media Are Not Fair Game
One common misconception regarding social media is that it is acceptable to share or repost content created by third parties without permission because that is the purpose of social media. No one will bat an eye at you sharing photos of the newest baby or pet in the family with your own family and friends. However, when content is shared in a commercial context, the conduct of the company will be subject to a higher level of scrutiny. Social media platforms have terms of service that generally allow content sharing within those platforms, and when users post content, they retain ownership rights in the original content and give the platform the right to use, display, reproduce and sublicense to other users. Users within a platform can share content, but only if doing so does not violate any third-party intellectual property rights or any individual's right of publicity/personality.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.