Ad Law Access
Embedding Tweets May Be Copyright Infringement
Most companies understand they should obtain a license before using a photograph in an advertising campaign or on printed materials. And yet companies may not think twice about embedding images from a tweet or social…
Be Careful When Marketing Around the Olympics
As consumers get ready to watch the 2018 Winter Olympic Games, some companies are getting ready to capitalize on the public enthusiasm. Many marketers want to incorporate Olympics-related themes – ranging from overt…
Regulatory Changes Affecting All “Service Providers” – 12/31/17 Deadline
The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these…
V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel
The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright…
New Lawsuit Highlights Risks of Using User-Generated Content
In 2014, Anheuser-Busch ran a contest on Facebook in which consumers were invited to submit photos of themselves “acting natural.” The contest rules stated that entrants could only submit their original works, and that…