Topic: General

Social media and the Computer Fraud and Abuse Act

By Susan Ross (US) on February 2, 2021 Posted in General

Given all the recent headlines about data theft as well as a resurgence of interest in the Computer Fraud and Abuse Act (CFAA), a December 18, 2020 ruling from a federal trial court in Colorado may be of interest to our readers. MCS Safety Solutions, LLC v. Trivent Safety Consulting, LLC, No. 19-cv-00938-MEH (D. Colo. … Continue reading

The do’s and don’ts of doing it for the ‘gram: Limiting deceptive marketing risks on social media

By Erin Brown on December 17, 2020 Posted in General

Social media influencer marketing that misleads the public is on the Canadian Competition Bureau’s (the Bureau’s) list of key priorities for the foreseeable future. Brands and marketing agencies that work with influencers (as well as influencers themselves) should abide by best practices to reduce the risks of getting wrapped up in a Bureau investigation for misleading … Continue reading

Social media, photos, privacy, and conversion

By Susan Ross (US) on October 1, 2020 Posted in General

There seem to be a lot of questions lately about the use of photographs on social media, so a recent federal court case may be of interest in raising some risks you may not have contemplated. The case involves some photos that professional models had posted to their social media pages, which they alleged had … Continue reading

Social media gaming celebrity and breach of contracts

By Susan Ross (US) and Eva Yang (US) on August 4, 2020 Posted in General

On June 17, 2020, the Southern District of New York issued an opinion and order in a complex matter between a social media gaming celebrity and a contract he signed with an esports and entertainment company. (Faze Clan, Inc., v. Tenney, 19-cv-7200 (JSR) (S.D.N.Y. July 17, 2020) (2020 WL 3318209).)… Continue reading

FTC, celebrity influencers, and health claims

By Susan Ross (US) on June 17, 2020 Posted in General

As the world struggles to move forward, our thoughts and support are with our readers and we hope for their good health and improving situations. Today’s post involves an FTC settlement that was announced just as New York was going into “lockdown” mode and so we wanted to make sure it did not escape your … Continue reading

Pixels + Social Media Influencers – Authenticity = Virtual Influencers

By Kajon Pompey (US) on February 26, 2020 Posted in General

Social media influencer marketing has had a significant impact in the way brands reach consumers worldwide. Social media influencers are very important to platforms such as YouTube and Instagram and even more so to brands. As independent contractors, social media influencers garner more outreach than any company’s advertising team could ever hope to accomplish. From … Continue reading

Social media influencers and FTC disclosures

By Susan Ross (US) on December 5, 2019 Posted in General

On November 4, 2019, the U.S. Federal Trade Commission (“FTC”) issued guidance for social media influencers to help them comply with FTC requirements relating to endorsements and disclosures. We have previously covered FTC action and guidance (including advisory letters) in this area, but the FTC has refined and updated its advice a bit:… Continue reading

A legal framework for artificial intelligence

By Maya Medeiros on November 20, 2019 Posted in General

Artificial intelligence (AI) is a field of computer science referring to intelligence demonstrated by machines, in contrast to the natural intelligence displayed by humans. Social media platforms use artificial intelligence technologies such as natural language processing to understand text data, and image processing for facial recognition. In some instances, regulation tries to create a “legal” … Continue reading

The Right to Write

By Caleb Segrest (US) on July 2, 2019 Posted in General

How important are online reviews in your shopping experience? Many rely heavily on consumer reviews in order to generate business. But what happens when instead of providing customers the candid information that they deserve, companies try to silence their critics in order to improve their online reputation? In recent years, companies selling products and services … Continue reading

Federal judge limits advertisement on social media in trade dress lawsuit

By Max Kellogg (US) on May 22, 2019 Posted in General

On April 10, 2019, a Texas federal judge granted Sparrow Barns & Events an emergency temporary restraining order and preliminary injunction in a trade dress and copyright infringement case, preventing defendant Ruth Farm from advertising its venue rental business on social media and the internet. Sparrow Barns & Events, LLC v. Ruth Farm Inc., No. … Continue reading

Social media influencer advertising in Canada

By Daniel Daniele (CA) on March 29, 2019 Posted in General

Influencer marketing is increasing in popularity in Canada and can be an effective way to promote your brand. Influencers are online personalities that use social media to share their expertise and opinion about products or brands with their followers. In order to tap into the influencer’s network, businesses pay or otherwise compensate influencers to share … Continue reading

Intermediary liability for internet services under NAFTA 2.0

By Daniel Daniele (CA) on January 18, 2019 Posted in General

USMCA provision As organizations around the globe grapple with disinformation and fake news, the digital trade provisions in NAFTA’s successor may help assuage fears that internet content providers could be held responsible for such content. The US-Mexico-Canada Agreement (USMCA) contains important provisions dealing with the issues of free speech and digital trade.… Continue reading

Mirror, mirror on the wall, what’s my taxable Insta value after all?

By Georgina Hey (AU) and Isobel Taylor (AU) on July 11, 2018 Posted in General

In sad news for celebrities and Instagram influencers across Australia, the introduction of the so-called ‘fame tax’ as part of a raft of integrity measures announced in the 2018/19 budget means that they could end up paying higher taxes on the income and non-cash benefits earned through the commercial exploitation of their image rights. In … Continue reading