Things you can do to prevent your company from being hauled into social media marketing litigation.
Everything is online and everything is digital. This makes authors and writers out of your employees and social media staff. But what pans and policies do you have in place to make sure you are not taking “digital risks” that could lead to legal exposure down the line. Here are a few of Attorney Steve blogging law tips to keep in mind. Ares you should be aware of in the area of blogging law:
- FTC false endorsement (all testimonials must be true and supported by substantial evidence)
- Use of copyrighted images ( Copyright trolls and their law firms are out in full force to see if you are copying and using their copyrighted photos and art work and when they come calling you will need a great IP law firm to come to your defense.
- Use of copyright film and video (copyright infringement can also come out of your blog writing)
- Intellectual property clearance (failing to get ip clearance from holders of publicity nad intellectual proprety rights is another great weigh to find your company in an IP arbitration or litigation.
- Use of right of publicity of third party on your webpage (even when dealing with dead celebrities you may have legal issues that can wind your company into IP court)
- False advertising law (making false advertising claims, for example against your competitor and their products) could land you in a civil lawsuit under a variety of legal theories.
- Right of privacy / false light (placing another company into a “false light in the public mind” can also end up with a lawsuit served up on your desk.
- Publication of private facts (some facts are so private, that they should in fairness be kept private or it might rise to the level of a tort.
- Social media ethics (for example lawyers have social media ethical obligations)
- Defamation (especially New York TImes v. Sullivan actual malice standard)
- Law of hyperlinking / click fraud
- Trademark Tarnishment and Disparagement
- Comparative advertising law
These are just some of the main areas to think about. You might want to consider joining our ZipCounsel legal program and getting yourself your own low cost, flat rate fee Corporate IP & Entertainment legal counsel to help you with your legal compliance issues. The money you pay a lawyer BEFORE there is a federal intellectual property lawsuit will usually be much less than what arbitration or litigation will cost you. Call us at (877) 276-5084